HomeMy WebLinkAbout20190323 Ver 1_PCN Form Submission_20190312DWR
IDIOM n of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20190323 1
Is a payment required for this project?*
* No payment required What amout is owed?*
* Fee received r $240.00
r Fee needed - send electronic notification r $570.00
Reviewing Office*
Winston-Salem Regional Office - (336) 776- Select Project Reviewer*
9800 Sue Homewood:eads\slhomewood
Information for Initial Review
1a. Name of project:
Wilson WNCSI Project
1a. Who is the Primary Contact?*
Josselyn Lucas
1b. Primary Contact Email:*
josselyn@bfec.org
Date Submitted
3/12/2019
Nearest Body of Water
North Fork New River, Brush Fork
Basin
New
Water Classification
C; Tr, ORW
Site Coordinates
Latitude:
36.407444
A. Processing Information
County (or Counties) where the project is located:
Ashe
Is this project a public transportation project?*
r^ Yes r No
Longitude:
-81.685193
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
F Regional General Permit (RGP)
F Standard (IP)
1c. Primary Contact Phone:*
(423)727-4476
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
,R 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
13 - Bank Stabilization
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r' Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
f Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
e Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F_ Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Linda Donnelly Wilson
2b. Deed book and page no.:
461/0466,461/0469
2c. Responsible party:
2d. Address
Street Address
19960 NC Hwy 88 W
Address Line 2
city
Creston
Postal / Zip Code
28615
2e. Telephone Number:
(336)385-9450
2g. Email Address:*
contact—does—not—have—an—email@none.com
3. Applicant Information (if different from owner)
3a. Name:
Adam Williams
State / Prmince / Fbgion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3b. Business Name:
Brushy Fork Environmental Consulting, Inc
3c.Address
Street Address
10565 Hwy 421 South
Address Line 2
city
Trade
Postal / Zip Code
37691
3d. Telephone Number:
(423)727-4476
3f. Email Address:*
josselyn@bfec.org
C. Project Information and Prior Project History
1. Project Information
Sate / Province/ Pegion
TN
(buntry
USA
3e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Creston
2. Project Identification
2a. Property Identification Number:
2b. Property size:
110310 131, 110310 132
47, 5
2c. Project Address
Street Address
19960 NC FMVy 88 West
Address Line 2
City
State/ Province/ Pegion
Creston
NC
Postal / Zip (ode
Country
28615
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
North Fork New River, Brush Fork
3b. Water Resources Classification of nearest receiving water:*
C; Tr, ORW
3c. What river basin(s) is your project located in?*
New
3d. Please provide the 12 -digit HUC in which the project is located.
050500010103
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is in a rural, mountainous area with primary land uses of agriculture (grazing, haying, christmas trees), undeveloped forest land, and single family rural residences. The project
property is being used for growing crops and grazing cattle, with unimpeded access of livestock to the North Fork New River.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Topographic Map.pdf 666.09KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Map.pdf 770.14KB
4f. List the total estimated acreage of all existing wetlands on the property
4g. List the total estimated linear feet of all existing streams on the property:
3117
4h. Explain the purpose of the proposed project:*
The purpose of the project is to stabilize eroding stream banks on the North Fork New River and its tributary Brush Fork. Unrestricted cattle access along the banks, lack of riparian
vegetation, and an increased sediment load due to upstream agricultural land use has caused degradation of these two reaches. Animal exclusion, streambank benching and sloping,
natural channel structures and a planted riparian forest buffer will be used to restore the reaches.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will provide bank stabilization and grade control using natural channel design structures including cross vanes, log and rock J hooks, and toe wood. A bankfull bench will be
constructed and the banks will be sloped back and stabilized using coir matting and live stakes and a riparian buffer of native tree and shrub species will be planted. Equipment used for
this proposed construction includes track -hoes, skid steers, and dump trucks.
4j. Please upload project drawings for the proposed project.
1-30-2019_Wilson_SR_2019 COMBINED.pdf 12.17MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Josselyn Lucas, WRIT
Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc
Other:
5d1. Jurisdictional determination upload
Wilson PJD for submittal.pdf 41.12KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
V Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2al Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of Impact
Jurisdicition(?)]2g.
area*
1
CONSTRUCTION
ACCESS
T
Non -Tidal Freshwater Marsh
�WlBothNo
-]
]
0.004
(acres)
2g. Total Temporary Wetland Impact
0.004
2g. Total Wetland Impact
0.004
2g. Total Permanent Wetland Impact
0.000
2h. Comments:
Many of the wetlands on-site are technically agricultural drainage ditches which have been colonized by wetland plant species (see photos in
Wetlands Submittal of miscellaneous attachments). The project site is an active agricultural and cattle farm.
3. Stream Impacts
❑ � ]
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h.1
(?) Jurisdiction* length*
Stabilization S1 Project Tem ora Bank Stabilization Nort
31
p ry
h Fork New River
Perennial
Both
30
Average (feet)
2,312
(lirx;ar feet)
S2
Stabilization Project
Temporary
Bank Stabilization
Brush Fork
Perennial
Both
10
Average (feet)
805
(lirx;ar feet)
. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 3,117
3i. Total stream and ditch impacts:
807
3j. Comments:
3i above (807) is auto -calculated and does not match our calculations (BFEC does not know where this number is derived from). The project total
stream impacts are 3117 LF (with 2312 LF on Nort
h Fork New River and 805 LF on Brush Fork).
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed work and associated impacts are intended to stabilize approximately 3117 ft of stream bank along North Fork New River and Brush Fork
while minimizing impacts to aquatic resources. Design measures which minimize impacts include installation of natural channel design structures which
Wil improve stream stability and provide habitat. All disturbed buffer areas will be immediately seeded upon completion, matted (coir matting) and
stabilized at the close of each construct
ion day.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All streambank disturbances will be stabilized same day and covered with coir matting and livestaked to reduce sedimentation during construction.
Only well maintained equipment will be used; no leaks will be tolerated. Equipment will work from streambanks whenever possible while performing the
work and will only work in the channel when absolutely necessary. Temporary diversion structures will be installed upstream of the work areas to divert
flow away from exposed substrate materials and to prevent excessive sedimentation. Following construction, the banks of the restored channel will be
seeded with a native fl
oodplain mix (permanent seed). The forested riparian buffer will be planted with a variety of native 1 -gallon trees following
construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project will result in improved conditions along the two reaches which are being stabilized, and will not have impacts requiring mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes
c No
If no, explain why:
Project is not within a NC Riparian Buffer Protection area.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes 6 No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r
No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local)
funds or the use of public (federal/state) land?*
Yes 6 No
r
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
f Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This project will stabilize stream banks and install agricultural BMPs on land that is currently being used for agriculture. No additional development of
the parcels is anticipated.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r' No r N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r- No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
Sh. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
BFEC completed the USFW IPaC regulatory review process. BFEC then reviewed specific information for each species on the Raleigh Ecological
Services Field Office page and USFWS fact sheets. No Critical Habitat is located at this site. Habitat requirements are not met for the majority of the
species on the list, due to specific habitat requirements such as high elevation rocky outcrops/summits or spruce fir forest. No known caves are
located at the project site. No Northern Long Eared Bat maternity roosts are known on site, though a few mature trees are present on the upstream
portion of NFNR. Project design aims to work around existing healthy trees where at all possible.
Consultation Documentation Upload
Wilson—Species List_ Asheville Ecological Services Field Office.pdf 287.46KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper: https://%,wv.habitat.noaa.gov/protection/efh/efhmapper/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOWEB, NC HPO GIS Service online mapper
7c. Historic or Prehistoric Information Upload
SHPO Map.pdf 388.04KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?"
R Yes r No
8b. If yes, explain how project meets FEMA requirements:
The proposed project is not anticipated to cause an increase in flood elevation. A No -Rise Certification will be submitted by Brushy Fork Engineering
Division PLLC to the Ashe County floodplain administrator.
8c. What source(s) did you use to make the floodplain determination?*
FEMA National Flood Hazard Layer Website
Miscellaneous
Comments
Property owner does not have an email address. However, the online version of this PCN form will not allow submittal without this box filled out. The email entered is not areal email
"contact_does_n ot_have_an_ema i I@non e. com"
Miscellaneous attachments not previously requested.
FIRMETTE.pdf
500.39KB
Wilson USACE Submittal Coversheet.pdf
104.1 KB
Wilson Photosheets.pdf
2.53MB
Wetland Submittal.pdf
2.45MB
Signature
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a 'transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Josselyn Lucas
Signature
Date
3/12/2019
to
AGENT AUTHORIZATION FORM FOR WNCI STREAM PROJECTS
PROPERTY LEGAL DESCRIPTION:
LOT NO. N/A PLAN NO. N/A PARCEL ID: 11030 131
STREET ADDRESS: 19960 Highway 88 West; Creston, NC 28615
Property Owner:
Linda Donnellv Wilson
Property Owners Street Address (if different than above):
The property owners above have entered into a Memorandum of Understanding with Resource
Institute, Inc. that authorizes the activities proposed on the subject property (see attached). As
an authorized representative of Resource Institute, I do hereby authorize
Adam Williams of Brushy Fork Environmental Consulting, Inc.
(Contractor/Agent) (Consulting Firm)
to act on my behalf of Resource Institute and take all actions necessary for the processing,
issuance and acceptance of this permit or certification and any and all standard and special
conditions attached.
Resource Institute Address:
2714 Henning Drive, Winston Salem, NC 27106 Telephone: 336.750.0522
We hereby certify the above information submitted in this application is true and accurate to
the best 6of our knowledge.
Authorized Signature:
Date: I ) q o 1 9
4
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name
North Fork New River/Brush Fork Streambank Stabilization - Wilson Property
2. Naive of Property Owner/Applicant: Linda Wilson
3. Name of Consultant/Agent: Adam Williams PWS, BFEC Inc.
M
5
0
*Agent authorization needs to be attached.
Related/Previous Action ID number(s):
Site Address: 19960 NC Hwy 88 West
Subdivision Name:
7. City: Creston
8. County: Ashe
9. Lat: 36.407444 Long: -81.685192 (Decimal Degrees Please)
10. Quadrangle Name: Baldwin Gad TN
11. Waterway: North Fork New River, Brush Fork
12. Watershed: Headwaters North Fork New River
13. Requested Action:
Nationwide Permit # 13
General Permit #
Jurisdictional Determination Request
— Pre -Application Request
The following information will be completed by Corps office:
Prepare File Folder
Assign number in ORM
Authorization: Section 10
Project Description/ Nature of Activity/ Project Purpose:
Site/Waters Name:
Keywords:
Section 404
Begin Date
National Flood Hazard Layer FIRMette
36°24'43.30"N
�
Le = FEMA _end 9
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
I ccs I .U,000
0 250 500 1,000 1,500 2,000
Without Base Flood Elevation (BFE)
Zone A. V. A99
SPECIAL FLOOD With BFE or Depth Zone AE, AO, AH, VE, AR
HAZARD AREAS Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile zone x
Future Conditions 1% Annual
Chance Flood Hazard zone x
�" Area with Reduced Flood Risk due to
ITHER AREAS OF Levee. See Notes. zone x
FLOOD HAZARD F lI Area with Flood Risk due to Levee zone o
NO SCREEN Area of Minimal Flood Hazard zone x
Q Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zone o
GENERAL — — —' Channel, Culvert, or Storm Sewer
STRUCTURES i i i i i i i Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17•5 Water Surface Elevation
eo- — — Coastal Transect
_513— Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
-- --- Coastal Transect Baseline
OTHER _ Profile Baseline
FEATURES Hydrographic Feature
Digital Data Available N
No Digital Data Available + _
MAP PANELS Unmapped V'
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 12/18/2018 at 10:37:17 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Wilson WNCSI Project SHPO Map
December 18, 2018 1:20,062
0 0.13 0.25 0.5 mi
NR Points NR Boundaries
0 NR Individual Listing ❑ National Register Boundary 0 0.2 0.4 0.8 km
NR Listing, Gone E:1Boundary of Destroyed/Removed NR Listing
SL Points
NRHD Center Point 0
INCenter for Geographic Information & Analysis
SL Individual Entry
A SL and DOE entry
Wilson WNCSI Project Soil Map
Legend N otk �o�
Project Reaches �a
0 100 200 400 600 800
Roads Feet
Project Parcels�Oasuinng�°��
Map not to be construed as surveyed data. All boundaries are approximate GIs data from public data sources. BFEC 2018.
Name: BALDWIN GAP (TN)
Date: 12/18/18
Scale: 1 inch = 2,000 ft.
Location: 036° 24'29.13" N 081' 40'54.39" W
Copyright (C) 2008, MyTopo
Datum: NAD83
081- 42'00.00" W 081- 41'00.00" W 081- 40' 00.00" W
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Name: BALDWIN GAP (TN)
Date: 12/18/18
Scale: 1 inch = 2,000 ft.
Location: 036° 24'29.13" N 081' 40'54.39" W
Copyright (C) 2008, MyTopo
Datum: NAD83
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Linda Wilson
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Ashe City: Creston
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.407444 Long.: -81.685192
Universal Transverse Mercator:
Name of nearest waterbody: North Fork New River, Brush Fork
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑■ Office (Desk) Determination. Date: 2/11/2019
❑■ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
1
36.407444
-81.685192
2312 In ft
non -wetland waters (creek)
404
2
36.408359
-81.685257
805 In ft
non -wetland waters (creek)
404
3
36.4082200
-81.6839230
.132 ac
wetland waters
404
4
36.4084110
-81.6858140
.054
wetland waters
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name:
1:12,000 Baldwin Gap TN
❑■ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
❑■ Photographs: ❑ Aerial (Name & Date):
(National Geodetic Vertical Datum of 1929)
or ❑■ Other (Name & Date): Wilson Photosheets
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
Ashe County, NC:
1/5/2016 & 12/7/18
�40v� En�o�co
View upstream from bridge View downstream from bridge
over North Fork New River over North Fork New River
iyY€ as I I
View from XS1 NFNR showing
vertical stream bank erosion.
View upstream from XS2
NFNR showing bank erosion
on the outer bend (river right).
View across NFNR at XS4 shows
vertically eroding bank and
proximity of bare field to river. No
woody riparian buffer present.
View downstream from XS4 NFNR.
View upstream along the
NFNR from XS5 showing
river left bank erosion.
Existing ford of NFNR.
View across Brush Fork at XS1
showing rip -rap on bank below
road (Brushy Fork Rd).
View upstream from XS1
Brush Fork showing upper
extent of rip -rapped area.
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View downstream at XS5 Brush Fork. View from XS6 Brush Fork.