HomeMy WebLinkAbout20190420 Ver 1_PCN Form Submission_20190402DXR ,
pbblen of wafer Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r, Yes
C No
Is this project a public transportation project?*
O Yes O No
Charge only if needed.
BIMS # Assigned*
Version#*
20190420
1
Is a payment required for this project?
C No payment required
What amout is owed?*
* Fee received
r $240.00
6 Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office - (828) 296-4500 Amy Annino:eads\amannino
Information for Initial Review
1a. Name of project:
Browning Branch, LLC - Site Development
1a. Who is the Primary Contact?*
Jeff Herron, PE
1 b. Primary Contact Email:*
jeff@herronassociates.com
Date Submitted
4/2/2019
Nearest Body of Water
Browning Branch
Basin
French Broad
Water Classification
Q Trout
Site Coordinates
Latitude:
35.45526
Longitude:
-83.00066
tc. Primary Contact Phone:*
(828)488-8949
A. Processing Information W
County (or Counties) where the project is located:
Haywood
Is this project a public transportation project?*
O Yes G No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
r- Regional General Permit (RGP)
r- Standard (IP)
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
fJ Non -404 Jurisdictional General Permit
r Individual Permit
14 - Linear transportation
V 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1e. Is this notification solely for the record because written approval is not required?
For the record onlyfor DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?
d Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes M No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes M No
4 Yes O No
C Yes O No
1j. Is the project located in a designated trout watershed?
O Yes G No
B. Applicant Information (^)
1d. Who is applying for the permit?
m Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
r Yes O No
2. Owner Information
2a. Name(s) on recorded deed:
Browning Branch, LLC
2b. Deed book and page no.:
949 @ 1982
2c. Responsible party:
Marek Hevier
2d.Address
Street Address
4365 Arnold Avenue
Address Line 2
aty
Naples
Rtstal / Zip Code
34104
2e. Telephone Number:
(239)777-4160
2g. Email Address:*
mhevier@gmail.com
C. Project Information and Prior Project History
1. Project Information
Site / Rovince / R>gion
FL
Country
USA
2f. Fax Number:
1b. Subdivision name:
(d appropriate)
Browning Branch
1c. Nearest municipality/ town:
Waynesville
2. Project Identification
2a. Property Identification Number:
8604-94-0656
2c. Project Address
Street Address
Address line 2
City
postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Browning Branch
3b. Water Resources Classification of nearest receiving water:*
C: Trout
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12 -digit HUC in which the project is located.
060101060201
4. Project Description and History
2b. Property size:
7.038
State / ftovince / fdgion
Country
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:*
There are waters of the US including wetlands. The epsting project area is a wooded area and grass field. Surrounding area is primarily used for residential purposes.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
SAW -2018-00368
Project History Upload
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
QUAD Sheet_GIS.pdf 542.68KB
Street_GIS.pdf 116.15KB
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)
2018-09-27_Soil_Map_SITE.pdf 370.06KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.415
4g. List the total estimated linear feet of all existing streams on the property:
1081
4h. Explain the purpose of the proposed project:*
Residential site development
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Conventional earth moving equipment
4j. Please upload project drawings for the proposed project.
2018-09-19 Browning Branch_MASTER PLAN.pdf 468.64KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
R Yes r No C 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 N/A
Corps AID Number:
SAW -2018-00368
5c. If 5a is yes, who delineated the jurisdictional areas?
..... ......... ......... ..... _....... ... _......................................... ......... ......... ......... ...... _......................................... .. _.....................................
Name (if known): David Brown
Agency/Consultant Company: Equinox Environmental
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
March 7, 2018
5d1. Jurisdictional determination upload
Jurisdictional Determination—US ARMY CORPS OF ENGINEERS.pdf 11.25MB
6. Future Project Plans
6a. Is this a phased project?*
O Yes 6 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 projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
❑ Wetlands ® Streams -tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
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. Impact
M Jurisdiction* length*
S1 Roadway Crossing Permanent Culvert Browning Branch Perennial Corps 10 45
Aver�e(feet) (Irx�rfeet)
32 Roadway Crossing Permanent Culvert F
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
65
31
Browning Branch
Perennial
Corps
5
Average (feet)
20
(Irx�rfeet)
stream impacts:
0
. Total stream and ditch impacts:
65
3j. Comments:
31. Total temporary
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The number of stream crossings were minimized. Wetland and trout buffers will not be disturbed during construction. Stormwater Control Measures will
be monitored on a regular basis to assure compliance.
tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction equipment will not be allowed in streams. Concrete will not be placed in streams and stormwater runoff from fresh concrete will not
discharge directly into streams.
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?
O Yes d No
2b. If this project DOES NOT require Compensatory
Mitigation, explain why:
Less than 150 feet of stream will be disturbed.
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 G No
If no, explain why:
Project is located in the French Broad River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
t Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
C Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
3. StonT water Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management O Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
SMP will be submitted to the Town of Waynesville
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?*
C Yes r No
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)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r7 Yes r No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
rYesrNor NVA
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 O No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
6 Yes r No
5d. Is another Federal agency involved?*
O Yes 4 No 0 Unknown
What Federal Agency is involved?
US Army Corps of Engineers
5e. Is this a DOT project located within Division's 1-8?
O Yes O No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
4 Yes d No
5g. Does this project involve bridge maintenance or removal?
O Yes 4 No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
O Yes d No
51. 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.?
O Yes O No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
US Army Corps of Engineers Database
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
d Yes d No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
US Army Corps of Engineers Database
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?*
d Yes d No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
US Army Corps of Engineers Database
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
O Yes d No
8b. If yes, explain how project meets FEMA requirements:
Project will be in compliance with Town of Waynesville's Floodplain Development Ordinance
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Flood Risk Information System
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
2018-09-19_PCN Application_DIGITAL SIGNATURE.pdf
USACE_Permit_Browning Branch.pdf
505.29KB
1.95MB
Signature U
G? 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:
Jeffrey L. Herron, PE
Signature
�°r". 014f
Date
4/2/2019
U.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2018-00368 County: Haywood U.S.G.S. Quad: Hazelwood
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Browning Branch, LLC, Attn.: Marek Hevier
Address: 4365 Arnold Avenue
Naples, FL 34104
Telephone Number: 239-777-4160
Size (acres): 7.04
Nearest Waterway: UT Browning Branch and
Browning Branch
River Basin/HUC: Pigeon (06010106)
Nearest Town: Waynesville
Coordinates: 35.45526 N, 83.00066 W
Location description: The project site is located on a tract of land (PIN 8604-94-0656) along the south side of Buchanan
Drive approximately 400 feet east of the intersection of Allens Creek Road and Buchanan Drive in Waynesville
Haywood County, North Carolina.
Description of projects area and activity: This permit verification authorizes 65 linear feet of permanent stream
impacts to an unnamed tributary of Browning Branch and to Browning Branch associated with installation of two
culverts for road stream crossings.
Special Condition(s): Per comments from the North Carolina Wildlife Resources Commission, no work in UT
Browning Branch and Browning Branch will be perform during the rainbow trout spawning moratorium between
January 1 and April 15.
NOTE: Your project must meet the requirements of regional condition 3.6 for installation of culverts (see attached
NWP). These requirements define measures which promote the safe passage of fish and other aquatic organisms and
are to be included in the construction/installation of culverts.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 14
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
September 19, 2018, and October 4, 2018. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
CESAW-RG-A 2018-00368
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil.
Corps Regulatory Offici�rl_ } �` Date: November 15, 2018
David Brown
Expiration Date of Verification: March 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmqpu.usace.army.mil/cm apex/f9p=136.40.
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the
Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This
preliminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and
you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water
Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may
be relied upon for a period not to exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued March 7, 2018. Action ID: SAW -2018-00368.
Basis for Determination:
Issued approved jurisdictional determination noted above.
Copy furnished:
Herron Associates, Jeff Herron, 721 Main Street, Bryson City, NC 28713
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2018-00368 County: Haywood U.S.G.S. Quad: Hazelwood
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Neal Ross
Address: 955 Allens Creek Road
Wavnesville, NC 28785
Telephone Number: 828-734-2154
Size (acres): 7.04
Nearest Waterway: UT Browning Branch and
Browning Branch
River Basin/ 14UC: Pigeon L06010106)
Nearest Town: Wavuesville
Coordinates: 35.45526 N, 83.00066 W
Location description: The project site is located on a tract of land (PIN 8604-94-06561 along the south side of
Buchanan Drive aRproximately 400 feet cast of the intersection of Aliens Creek Road and Buchanan Drive in
Waynesville, Haywood CounLy, North Carolina.
Indicate Which of the Following Ap-ply:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 ) USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining, compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps,
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
— We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
X The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified
by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not
to exceed five years.
The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
— There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
— The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section '01 of the Clean Water Act (33 USC § 1311). Placement of dredged material,
I , or fill
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 ofthe Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-
271-7980, ext. 4232 or david.w.brown@usace.army.mil.
C. Basis for Determination:
See attached approved jurisdictional determination form.
D. Remarks:
The waters of the U.S., at this site, were verified on-site by the Corps on March 6, 2018, and are as approximately
depicted on the attached Resources Delineation Map Buchanan Drive Site — Stream and Wetland
Determination/Delineation submitted by Equinox. UT -2, noted on the figure, is not within the property boundaries and is
located on the adjoining property to the east.
z;l
E. Attention USDA Program Participants
This defineation/determination, has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by May 6, 2018.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory OfficialQ1,
David Brown
Issue Date of JD: March i, 2018 Expiration Date: Five years from Issue Date
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete our Customer Satisfaction Survey, located online at
h4p://corpsmapu.usace.aMy.miVcm avex/Po=136-4:0.
Copy furnished:
Equinox Environmental, Owen Carson, 37 Haywood Street, Suite 100, Asheville, NC 28801
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at Itttla:!"/Nv\vNN:.usace.aritiv.mil:llissiotis! ivilWorl st'Re�cilator�ProgriinazidPeiittits.as)x or
Cores re dations at 33 CFR Part 331:
A: INITIAL PROF'F'ERED PERMIT: You may accept or object to the permit.
* ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section Ii of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers .Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This farm must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
* APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
NOTIFICATION OF ADMINI `t"R TWE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:
Neal Ross File Number: SAW -2018-00368 Date: March 7, 2018
Attached is: See Section below
Ell
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
[
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION i
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at Itttla:!"/Nv\vNN:.usace.aritiv.mil:llissiotis! ivilWorl st'Re�cilator�ProgriinazidPeiittits.as)x or
Cores re dations at 33 CFR Part 331:
A: INITIAL PROF'F'ERED PERMIT: You may accept or object to the permit.
* ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section Ii of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers .Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This farm must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
* APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room I OM IS
$28-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the o portunity to participate in all site investigations,
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MI5, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 77 2018
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW -2018-00368, Buchanan Drive Development
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Haywood City: Waynesville
Center coordinates of site (lattlong in degree decimal format): Latitude, & Longitude in Decimal Degrees: 35.45526 N, 83.00066 W
Universal Transverse Mercator:
Name of nearest waterbody- UT Browning Branch and Browning Branch
Nam of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Pigeon River
Name of watershed or Hydrologic Unit Code (HUC): Pigeon (06010106)
J@ Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
0 Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
0 Office (Desk) Determination. Date: March 6, 201:8
Eg Field Determination. Date(s), March 7, 2018
SECTION 11- SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Ar-eo'o "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Requhwal
C1 Waters subject to the ebb and flow of the tide.
f-1 Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Requireal
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
El TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
rl Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
0 Impoundments of jurisdictional waters
0 Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters. 1,081 linear feet: 3-15 width (ft) and/or acres.
Wetlands: 0.015 acres.
c. Limits (boundaries) of jurisdiction based on. 100! Delineation M anual
Elevation of established OHWM (if known)
2. Non-regulated waters/wetlands (check if applicable):3
rl Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below,
For purposes of this forni, an RPW is defined as a tributary that is not a TINW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
I Supporting documentation is presented in Section TRY,
SECTION III- CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section 111,D. I.; otherwise, see Section ITLB below.
TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e g,, typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section M.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbady4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands, This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(I) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick list
Average annual rainfall:-'' ---Inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
[] Tributary flows directly into TNW.
F-1 Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries, Explain:
Identify flow route to TN Ws:
Tributary stream order, if known:
(b) General TributaryQlignacteristics (check all that Valvl.
_ _ —
Tributary is: El Natural
' Note that the Instructional Guidebook, contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' Flow route can be described by identifying, e.g,, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
[]Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain-,
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List,
Primary tributary substrate composition (check all that apply):
❑ silts ❑ Sands ❑ Concrete
n Cobbles ❑ Gravel ❑ Muck
Bedrock ❑ Vegetatiom Type/0/a cover.
❑ Other. Explain:
Tributary conditiontstability [e.g., highly eroding, sloughing banks). Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: ,Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: kick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: -Pick List. Characteristics:
Subsurface flow: Pick List, Explain findings:
[I Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWMI (check all indicators that apply):
El clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
El shelving
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
F1 sediment deposition
El
[I water staining
13
E] other (list):
El Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply).
High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
F1 oil or scum line along shore objects ❑ survey to available datum;
fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list),
(iii) Chemical Characteristics -
Characterize tributary (e.g., water color is elm, discolored, oily film; water quality: general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
Riparian corridor. Characteristics (type, average width),
Weiland fringe. Characteristics -
F1 Habitat for. -
r] Federally Listed species. Explain findings:
'A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e,.-, where the stream temporarily floNAs underground, or where
the OHWM has been removed by development or agricultural practices), Where there is a break in the OHWM that is unrelated to the waterbodv's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will took for indicators of flow above and below the break,
'Ibid.
rl Fish/spawn areas. Explain findings:
0 Other environmentally -sensitive species. Explain findings:
Q Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or Indirectly into TNW
(I) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Weiland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Fick Ust
Characteristics:
Subsurface flow: Pick "List. Explain findings:
[I Dye (or other) test performed-.
(c) Wetland Adilcency Determination with Non-TNW:
[I Directly abutting
0 Not directly abutting
Q Discrete wetland hydrologic connection. Explain.
Q Ecological connection. Explain:
Q Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: kiek,List.
Estimate approximate location of wetland as within the Pick,List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality, general watershed
characteristics, etc.). Explain:
Identify specific pollutants. if known:
(Iii) Biological Characteristics. Wetland supports (check all that apply):
[I Riparian buffer. Characteristics (type, average width):
F1 Vegetation type/percent cover. Explain. -
C1 Habitat for:
Federally Listed species. Explain findings.
Fish/spawn areas. Explain findings:
Other environmentally -sensitive species. Explain findings:
AquaticAvildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Fick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? WN Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanas Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example-
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching aTNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding., nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows, directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IIID:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL
THAT APT'L'Y):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres,
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: UT Browning Branch and Browning Branch exhibits indicators of ordinary high water marks
(OHWM) including developed bed and bank, scour, presence of aquatic life, presence of litter and debris, destruction
of terrestrial vegetation, sediment sorting and deposition, and leaf litter washed away. UT Browning Branch and
Browning Branch are depicted as a solid blue lines on the USES 7.5 minute quadrangle map Hazelwood and the most
current Natural Resource Conservation Service Soil Survey for Haywood County. Solid blue line features on these
mapping conventions typically represent perennial streams. Perennial flow has been observed by Corps
representatives during visits to the Waynesville, North Carolina vicinity.
Tributaries of TNWwhere tributaries have continuous flow `'seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1, 091 linear feet 3-15 width (ft). Browning Branch and UT Browning Branch (UT -1)
Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is, urisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
0 Tributary .voters: linear feet width (ft).
Other non -wetland waters: acres,
Identify type(s) of ,vaters:
4See Footnote # 3.
4, Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Flows directly into associated tributary. Wetlands are contiguous to RPWs that flow
directly or indirectly into TNWs. Welland hydrology is enhanced with abutting RPWs via normal down gradient
flows and periods of high water.
El Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.015 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Q Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNW&
0 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TN are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional -
0 Demonstrate that impoundment was created from "waters of the U.S.." or
Demonstrate that water meets the criteria for one of the categories presented above (1-6). or
Demonstrate that water is isolated with a nexus to commerce (see E below').
E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) -10
0 which are or could be used by interstate or foreign travelers for recreational or other purposes.
F1 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
n which are or could be used for industrial purposes by industries in interstate commerce.
0 Interstate isolated waters. Explain:
Q Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
0 Tributary waters: linear feet width (ft).
0 Other non -wetland -waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECKALL THAT APPLY).
n If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Welland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
Prior to the Jan 2001 Supreme Court decision in `SfVANCC," the review area would have been regulated based gq!qly on the
"Migratory Bird Rule" (MBR).
F1 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
[I Other. (explain, if not covered above):
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
Prior to asserting or declining CLAVA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA RQ for
review consistent with the process described in the Corps/EPA Memerandian Regarding CTVA Act Jurisdicfion Following Rapanos.
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis ofludsdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
El Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
0 Lakes/ponds. acres.
rl Other non -wetland waters: acres. List type of aquatic resource:
0 Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for, jurisdiction (check all that apply):
0 Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
El
Lakes/ponds: acres.
F1 Other non -wetland waters: acres. List type of aquatic resource:
n Wetlands: acres.
SECTION IV; DATA SOURCES.
& SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Equinox Environmental.
Data sheets prepared/submitted by or on behalf of the applicant/consultant. Equinox Environmental.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
El Data sheets prepared by the Corps:
El Corps navigable waters' study:
rl U.S. Geological Survey Hydrologic Atlas:
0 USGS NICD data.
[I USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Hazelwood.
USDA Natural Resources Conservation Service Soil Survey. Citation: Haywood County, NC
0 National wetlands inventory map(s). Cite name:
El State/Local wetland inventory map(s):
ED FEMA/FIRM maps: Map No. 3700860400J, effective date April 3, 2012
El I00 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
0 Photographs: [I Aerial (Name & Date): Google Earth Pro, Nov. 2017, Oct. 2015, Mar. 2013, May 2009, Jun. 2006, Apr, 1998,
and Mar. 1995
or r-1 Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law.,
Applicable/supporting scientific literature:
Other information (please specify):
R. ADDITIONAL COMMENTS TO SUPPORT JD: The stream channels at the property are UT Browning Branch (UT -1) and
Browning Branch, both are RPWs. UT Browning Branch flows into Browning Branch, which flows into Richland Creek, and
then flows into the Pigeon River, a traditionally navigable water (TNW) and a Section 10 River below Waterville Dam,. The
Pigeon River flows into the French Broad River and merges with the Holston River to form the Tennessee River. The
Tennessee River drains into the Mississippi River before entering the Gulf of Mexico.
--- LEGEND ---
S
EIP = Existing Iron Pipe or Pin
Q5MH = Manhole
IPS = Iron Pin Set, 5/8" Rebar With Survey Cap
DCB = Catch Basin
ELH = Existing Locust Hub
® WM = Water Meter
MON = Concrete Monument
+PP = Power service Pole
R/W = Right of Way
N/F = Now or Formerly
R/R Spike = Railroad Spike
P/0 = Part of
FS = Fence Stake
DB =Deed Book
CGS = Cotton Gin Spike
PG = Page
P - = Aerial Power Line
N
x x x = Fence line B.S.L.
= BUILDING SETBACK LINE
-+ = Branch or Stream W
= PROPOSED 6" WATER LINE
= Surveyed Property Line S
= PROPOSED 8" SEWER LINE
= Adjoining Property Line (not surveyed)
36.87'
- - - - - - = Surveyed Tie Line
S 18° 18'
----------- = Edge of Road or Drive (type of surface noted)
W
- - = Edge of R/W (width noted)
39.24'
- - - - - = Edge of Easement (type noted and dimensioned)
W 44.18'
52.66'
S
= Top of Ridge
15"
W
14.99'
---- N 0 T E S---
* Acreage calculated by Coordinate Computation Method.
* ALL property corners NOT described are computed "points" only.
* Property is subject to all applicable easements and rights of way of record.
* Error of closure meets or exceeds 1: 10,000 +. ALL distances are horizontal.
* This Survey meets the requirements of a Class "A" Survey.
* Location of ALL underground utilities are approximate, unless otherwise
indicated. Exact location to be determined by owner.
* Property corners are marked with blue flagging, other color flagging is for
reference only, unless otherwise indicated.
* If land disturbing activities in excess of 0.5 acre are planned, the property
owner is required to submit a Sedimentation and Erosion Control Plan
to North Carolina Dept. of Environment Health and Natural Resources.
* The certification shown hereon is not a certification of title, zoning or
freedom from encumbrences.
* This survey was prepared without benefit of abstract title and ALL matters
of title should be referred to an Attorney -at -Law.
* This property has not been inspected for wetlands or floodway encroachment.
* There IS NO recoverable Horizontal Control within 2000'.
* Property IS NOT located in a special flood hazard area, in accordance
with current FEMA and FIRM maps.
* North is "Plat North" of Plat Cabinet C ® Slot 192A.
* This plat represents a survey of Deed Book 481® Page 2103.
* Elevations are NAVD 88 datum referenced and the Contour Interval is two foot.
State of North Carolina, County of Haywood
Filed for registration on the ______ day of ___________-
20____ at ______o'clock __M and recorded in Plat Cabinet
at Slot _________.
Register of Deeds - Haywood County
by: _____________________________________ Assistant Deputy
State of North Carolina, County of Haywood
I,----------------------------------, Review Officer of
Haywood County, certify that the map or plat to which this
certification is affixed meets all statutory requirements for recording.
REVIEW OFFICER (Date)
- - - - TYPE OF SURVEY PERFORMED ---
This
--
This survey creates a subdivision of land within the area of
a county or municipality that has an ordinance that regulates
parcels of land.
( ) This survey is located in a portion of a county or municipality
that is unregulated as to an ordinance that regulates parcels
of land.
( X) This survey is of an existing parcel(s) of land and does not
create a new street or change an existing street.
( ) This survey is of an existing building or other structure, or
natural feature, such as a watercourse.
( ) This survey is a control survey.
( ) This survey is of another category, such as the recombination
of existing parcels, a court-ordered survey, or other exception
to the definition of subdivision.
( ) The information available to the surveyor is such that the surveyor
is unable to make a determination to the best of the surveyor's
professional ability as to which type of survey listed above best
describes the type of survey performed.
I, JONATHAN T. GILBERT, certify that this plat was drawn under my
supervision from an actual survey made under my supervision;
that the boundaries not surveyed are clearly indicated as drawn
from information found in referenced documents; that the ratio
of precision as calculated is 1: 15,000+, that this plat was
prepared in accordance with G.S. 47-30 as amended. Witness my
hand and seal this 02nd day of MAY, 2018.
Professional Land Surveyor
License Number L-3971
2018-199.PSD/2018-199 MASTER.DWS
Curve
S
Radius
38'
Chord Bearing
and Distance
Arc Length
C1
46°
90.00'
47"
S 85° 38'
35"
E
25.34'
25.43'
C2
W 32.59'
36.87'
N
S 29° 35'
26"
E
22.06'
22.40'
C3
59°
36.87'
19"
S 18° 18'
09"
W
37.41'
39.24'
C4
W 44.18'
52.66'
S
S 56° 58'
15"
W
14.99'
15.04'
C5
58"
52.66'
49"
N 86° 30'
21"
W
50.00'
52.10'
C6
W 26.16'
52.66'
N
S 80° 43'
24"
E
40.41'
41.47'
C7
80°
775.00'
10"
S 62° 54'
13"
E
20.67'
20.67'
C8
W 47.88'
775.00'
N
S 60° 09'
06"
E
53.77'
53.78'
C9
66°
775.00'
51"
S 69° 38'
46"
E
64.80'
64.81'
C10
W 45.69'
775.00'
S
S 65' 27'
32"
E
48.45'
48.46'
C11
28°
775.00'
32"
S 74° 47'
43"
E
74.46'
74.48'
C12
W 18.84'
90.00'
N
S 85° 38'
35"
E
25.34'
25.43'
C13
13°
90.00'
00"
N 76° 31'
39"
E
30.44'
30.58'
C14
W 38.63'
75.00'
S
N 72° 34'
44"
E
39.68'
40.16'
C15
27°
30.00'
20"
S 15° 35'
23"
W
44.25'
49.76'
20"
Line
L41
Bearing
27°
Distance
20"
W 19.83'
L42
L 1
N
63°
40' 23" E
E 43.50'
13.10'
S
49°
31'
L2
N
85°
49' 24" W
51°
7.15'
20"
W 40.19'
L45
L3
N
85°
49' 24" W
E 29.29'
10.96'
L4
N
11°
40' 20" W
20.23'
L5
N
10°
28' 14" W
18.84'
L6
S
83°
33' 28" W
15.20'
L7
S
78°
00' 00" W
21.70'
L8
N
8°
58' 02" E
32.95'
L9
N
8°
58' 02" E
25.34'
L10
N
8°
58' 02" E
11.41'
L 11
S
13°
52' 00" E
29.25'
L12
S
58°
55' 05" W
42.90'
L13
S
63°
40' 23" W
31.18'
L14
N
63°
06' 38" E
38.75'
L15
N
63°
06' 38" E
35.26'
L16
N
63°
06' 38" E
34 98'
L17
S
46°
38'
34"
E 13.73'
L18
N
46°
59'
47"
W 35.89'
L19
N
46°
59'
47"
W 32.59'
L20
N
49°
31'
07"
W 40.99'
L21
N
59°
06'
19"
W 43.50'
L22
S
31*
48'
18"
W 44.18'
L23
S
83°
55'
42"
W 39.60'
L24
S
58"
09'
49"
E 28.92'
L25
N
66°
20'
25"
W 26.16'
L26
N
66°
20'
25"
W 17.95'
L27
N
80°
35'
10"
W 36.21'
L28
N
54°
41'
30"
W 47.88'
L29
N
75°
25'
45"
W 21.63'
L30
N
66°
52'
51"
W 7.73'
L31
S
14°
28'
02"
W 45.69'
L32
S
28°
58'
32"
W 54.49'
L33
S
28°
58'
32"
W 22.12'
L34
N
10°
28'
14"
W 18.84'
L35
N
13°
52'
00"
W 17.26'
L36
N
13°
52'
00"
W 12.33'
L37
S
83°
55'
42"
W 38.63'
L38
S
83°
55'
42"
W 16.44'
L39
N
27°
04'
20"
W 35.59'
L40
N
11`
40'
20"
W 20.23'
L41
N
27°
04'
20"
W 19.83'
L42
S
59°
06'
19"
E 43.50'
L43
S
49°
31'
07"
E 40.99'
L44
S
51°
17'
20"
W 40.19'
L45
S
77°
32'
55"
E 29.29'
L46
N 87 55 11 E
53.97
L47
N 57° 14' 17" E
141.32'
L48
N 63° 40' 23" E
41.59'
L49
N 66° 49' 15" E
138.11'
L50
S 57° 06' 04" W
117.22'
L51
S 68° 37' 18" W
27.15'
L52
N 88° 55' 47" W
40.55'
L53
N 63° 40' 23" E
36.18'
L54
N 66° 49' 15" E
54.91'
L55
N 75° 35' 23" W
46.95'
L56
N 63° 06' 38" E
19.04'
L57
N 63° 06' 38" E
47.81'
L58
N 63° 06' 38" E
29.96'
L59
S 58° 55' 05" W
38.95'
L60
S 58° 55' 05" W
43.86'
L61
S 7° 14' 26" E
22.69'
L62
S 77° 46' 07" W
35.39'
NCGS MONUMENT "DAYCO7,0s_
N = 647,588.99; - .N49` 11
E = 805,498.96 TIE _
NAD 83 (2001) DATUM LINE
COMBINED FACTOR = 0.99974984
24" CURB SECTION
/24" CURB SECTION
20.0' ASPHALT SURFACE
CONCRETE MOUNTABLE CURB 2:1 Fill Slope Max.
(SEE DETAIL)
f/2" COMPACTED ASPHALT
X
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Typical Roadway Cross -Section Detail
not to scale
STREAM CROSSING # 1
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BACK OF CONCRETE CURB
CONCRETE CURB
FACE OF CONCRETE CURB I
ASPHALT STREET SECTION
I
J_ CONCRETE CURB
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Concrete Mountable Curb
not to scale
iD
0
2" COMPACTED ASPHALT
DONCRETE MOUNTABLE CURB
18' 1 6" 1
of ti
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SECTION "A" - "A" DETAIL
24" MOUNTABLE CURB
not to scale
FRANK A. DEAVER
ri nR A k9 - Pr �nA i
NOTE:
EXISTING CREEK OR STREAM MAY BE SUBJECT TO
25.0' WIDE TROUT BUFFER ZONES (T.B.Z.) TO
REMAIN UNDISTURBED, SAID 25.0' TO BE
MEASURED LANDWARD FROM EXISTING TOP
OF CREEK BANKS, SUBJECT TO POSSIBLE
VARIANCE BY CONTACTING HAYWOOD COUNTY
EROSION AND DRAINAGE CONTROL DEPARTMENT
AT (828) 452-6706.
7.038 ACRES TOTAL
60 30 0 60 120 180
SCALE IN FEET
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KENNETH R. PRUETT
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OWNER OF RECORD:
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SUBJECT PROPERTY IS ZONED: ALLEN'S CREEK NEIGHBORHOOD
RESIDENTIAL (AC -NR)
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1-40
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FRONT - 10.0'
C.7
UN
SIDE - 10.0' FROM ADJACENT LOT LINE OR 5.0'
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7.038 ACRES DIVIDED INTO 23 LOTS CONTAINING 46 UNITS WTH
A COMMON AREA
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5% (0.332 ACRES) OF DESIGNATED OPEN AREA FOR THE SITE
2
AYNESVILLE
tit
FINES CREEK
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EXISTING CREEK OR STREAM MAY BE SUBJECT TO
25.0' WIDE TROUT BUFFER ZONES (T.B.Z.) TO
REMAIN UNDISTURBED, SAID 25.0' TO BE
MEASURED LANDWARD FROM EXISTING TOP
OF CREEK BANKS, SUBJECT TO POSSIBLE
VARIANCE BY CONTACTING HAYWOOD COUNTY
EROSION AND DRAINAGE CONTROL DEPARTMENT
AT (828) 452-6706.
7.038 ACRES TOTAL
60 30 0 60 120 180
SCALE IN FEET
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KENNETH R. PRUETT
Woo
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SUBJECT PROPERTY IS ZONED: ALLEN'S CREEK NEIGHBORHOOD
RESIDENTIAL (AC -NR)
M
1-40
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FRONT - 10.0'
C.7
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CLYDE
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6.0' SEPERATION BET\EEN BUILDINGS
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7.038 ACRES DIVIDED INTO 23 LOTS CONTAINING 46 UNITS WTH
A COMMON AREA
`
5% (0.332 ACRES) OF DESIGNATED OPEN AREA FOR THE SITE
\
AYNESVILLE
MINIMUM LOT SIZE: 1 /6th ACRE (7,260 SQUARE FEET)
I
x
CRUS
(7,329.3 SQUARE
\
LARGEST LOT CONTAINS UNITS 25 & 26 AND IS 0.457 ACRES (19,909.6 SQUARE
FEET
2030.0 LINEAR FEET OF NEW 20.0' WIDE ASPHALT ROAD TO BE
BUILT
�^
4.2 ACRES OF IMPERVIOUS SURFACE (BUILDINGS, DRIVEWAYS &
GOJ
2.84 ACRES OF PERVIOUS SURFACE FOR WATER DRAINAGE
W
OFFSTREET PARKING - EACH UNIT TO HAVE A LARGE ENOUGH
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P�y�P��P
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ACCOMMODATE 2 PARKED CARS
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HA YWOOD
COUNTY VICINITY MAP
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NOTE:
EXISTING CREEK OR STREAM MAY BE SUBJECT TO
25.0' WIDE TROUT BUFFER ZONES (T.B.Z.) TO
REMAIN UNDISTURBED, SAID 25.0' TO BE
MEASURED LANDWARD FROM EXISTING TOP
OF CREEK BANKS, SUBJECT TO POSSIBLE
VARIANCE BY CONTACTING HAYWOOD COUNTY
EROSION AND DRAINAGE CONTROL DEPARTMENT
AT (828) 452-6706.
7.038 ACRES TOTAL
60 30 0 60 120 180
SCALE IN FEET
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KENNETH R. PRUETT
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WETLAND AREA = 0.415 ACRES UNDISTURBED
STREAM BUFFER AREA = 1.097 ACRES UNDISTURBED
1.512 ACRES UNDISTURBED TOTAL
0
SITE DATA
SUBJECT PROPERTY IS ZONED: ALLEN'S CREEK NEIGHBORHOOD
RESIDENTIAL (AC -NR)
M
BUILDING SETBACKS:
FRONT - 10.0'
C.7
O
�
SIDE - 10.0' FROM ADJACENT LOT LINE OR 5.0'
FROM STREET
REAR - 6.0' FROM ADJACENT LOT LINE
0
6.0' SEPERATION BET\EEN BUILDINGS
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7.038 ACRES DIVIDED INTO 23 LOTS CONTAINING 46 UNITS WTH
A COMMON AREA
OF 0.415 ACRES
5% (0.332 ACRES) OF DESIGNATED OPEN AREA FOR THE SITE
\
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MINIMUM LOT SIZE: 1 /6th ACRE (7,260 SQUARE FEET)
I
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SMALLEST LOT CONTAINS UNITS 15 & 16 AND IS 0.168 ACRES
(7,329.3 SQUARE
\
LARGEST LOT CONTAINS UNITS 25 & 26 AND IS 0.457 ACRES (19,909.6 SQUARE
FEET
2030.0 LINEAR FEET OF NEW 20.0' WIDE ASPHALT ROAD TO BE
BUILT
4.2 ACRES OF IMPERVIOUS SURFACE (BUILDINGS, DRIVEWAYS &
WETLAND AREA = 0.415 ACRES UNDISTURBED
STREAM BUFFER AREA = 1.097 ACRES UNDISTURBED
1.512 ACRES UNDISTURBED TOTAL
0
SITE DATA
SUBJECT PROPERTY IS ZONED: ALLEN'S CREEK NEIGHBORHOOD
RESIDENTIAL (AC -NR)
M
BUILDING SETBACKS:
FRONT - 10.0'
C.7
O
�
SIDE - 10.0' FROM ADJACENT LOT LINE OR 5.0'
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REAR - 6.0' FROM ADJACENT LOT LINE
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MAXIMUM DENSITY: 10 UNITS PER ACRE
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7.038 ACRES DIVIDED INTO 23 LOTS CONTAINING 46 UNITS WTH
A COMMON AREA
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MINIMUM LOT SIZE: 1 /6th ACRE (7,260 SQUARE FEET)
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LARGEST LOT CONTAINS UNITS 25 & 26 AND IS 0.457 ACRES (19,909.6 SQUARE
FEET
2030.0 LINEAR FEET OF NEW 20.0' WIDE ASPHALT ROAD TO BE
BUILT
4.2 ACRES OF IMPERVIOUS SURFACE (BUILDINGS, DRIVEWAYS &
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2.84 ACRES OF PERVIOUS SURFACE FOR WATER DRAINAGE
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318250
35° 27 24" N
1-4
Soil Map—Haywood County Area, North Carolina
(Browning Branch, LLC)
318300 318350 315400 315450 3185M 318550
oil ltIAO'h1
35°2'15"N V"
318250 318300 318350 318400 318450 318500
3
0
a Map Scale: 1:2,130 if printed on A landscape (11" x 8.5") sheet.
N Meters
0 30 60 120 180
Feet
0 100 200 400 600
Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: LTM Zone 17N WGS84
USDA Natural Resources Web Soil Survey
�+ Conservation Service National Cooperative Soil Survey
318600 318550
318550 318500 318650
3
m
318700
91 35° 27' 24" N
4
35° 2715" N
318700
3
m
9/27/2018
Page 1 of 3
MAP LEGEND
Area of Interest (AOI)
0
Area of Interest (AOI)
Soils
0
Soil Map Unit Polygons
rwr
Soil Map Unit Lines
0
Soil Map Unit Points
Special
Point Features
Vo
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
.14
Gravelly Spot
0
Landfill
Lava Flow
Marsh or swamp
+
Mine or Quarry
Water Features
Miscellaneous Water
Perennial Water
Streams and Canals
Rock Outcrop
Saline Spot
4
Sandy Spot
Severely Eroded Spot
Sinkhole
Source of Map: Natural Resources Conservation Service
Slide or Slip
oa
Sodic Spot
Soil Map—Haywood County Area, North Carolina
(Browning Branch, LLC)
MAP INFORMATION
USDA Natural Resources Web Soil Survey 9/27/2018
Conservation Service National Cooperative Soil Survey Page 2 of 3
Spoil Area
The soil surveys that comprise your AOI were mapped at
1:12,000.
Stony Spot
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
Other
line placement. The maps do not show the small areas of
.-
Special Line Features
contrasting soils that could have been shown at a more detailed
scale.
Water Features
Streams and Canals
Please rely on the bar scale on each map sheet for map
measurements.
Transportation
Rails
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
rwr
Interstate Highways
Coordinate System: Web Mercator (EPSG:3857)
US Routes
Maps from the Web Soil Survey are based on the Web Mercator
L
Major Roads
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Local Roads
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
Background
.
Aerial Photography
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Haywood County Area, North Carolina
Survey Area Data: Version 17, Sep 10, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Feb 6, 2016—Oct 26,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
USDA Natural Resources Web Soil Survey 9/27/2018
Conservation Service National Cooperative Soil Survey Page 2 of 3
Soil Map—Haywood County Area, North Carolina
Map Unit Legend
Browning Branch, LLC
u� Natural Resources Web Soil Survey 9/27/2018
iiiiiiConservation Service National Cooperative Soil Survey Page 3 of 3
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
BoD2
Braddock clay loam, 15 to 30
2.6
11.0%
percent slopes, eroded,
stony
Dellwood cobbly sandy loam, 0
6.0
25.9%
DeA
to 3 percent slopes,
occasionally flooded
DhA
Dellwood-Urban land complex,
6.2
26.5%
0 to 3 percent slopes,
occasionally flooded
EvD
Evard-Cowee complex, 15 to
0.2
0.8%
30 percent slopes
EvE
Evard-Cowee complex, 30 to
1.3
5.7%
50 percent slopes
ScB
Saunook loam, 2 to 8 percent
7.0
30.1%
slopes
Totals for Area of Interest
23.3
100.0%
u� Natural Resources Web Soil Survey 9/27/2018
iiiiiiConservation Service National Cooperative Soil Survey Page 3 of 3
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Parcel Report For 8604-94-0656
i
2
4365ARNOLD AVE
Parcel Report For 8604-94-0656
i
BROWNING BRANCH LLC
4365ARNOLD AVE
NAPLES, FL 34104
Account Information
PIN: 8604-94-0656
Legal Ref: 949/1982
Add Ref: CABC/7959
CABC/7790
Site Information
BUCHANAN DR
4.0,
Heated Area: 0
6707
Year Built: 0
Total Acreage: 7.04
Township: TOWN OF WAYNESVILLE
Site Value Information
Land Value: $43,200
6543
Building Value: $0
Market Value: $43,200
Defered Value: $0
Assessed Value: $43,200
Sale Price: $95,000
Sale Date: 4/17/2018
Tax Bill 1: $0.00
Tax Bill 2: $0.00
2.6a. b
6149
0
1 inch = 200 feet
October 1, 2018
7035,.
Disclaimer: The maps on this site are not surveys. Theyare
prepared from the inventory of real propertyfoundwithinthis
jurisdiction and are compiedfrom recorded deeds, plats and other
public records and data. Users of this site are hereby notified that
_
the aforementioned public primary information sources should be
consulted for verification of any information contained on these
rAq
maps. Haywood county and the website provider assume no legal
responsibility for the information contained on these maps.
'� --- L �° Parcel Report For 8604-94-0656
P BROWNING BRANCH LLC
20
4365ARNOLD AVE
�" rw'� r ' _ 3��� NAPLES, FL 34104
•_
-
L%
' -
;�- `� .4T Account Information
I U * L•L�,•. a Y. }` , MePIN: 8604-94-0656
`N Legal Ref: 949/1982
L Add Ref: CABC/7959
�•k• CABC17790
Site Information
�.•-}r BUCHANAN DR
r , ,r
- Heated Area: 0
i Y r Year Built: 0
Total Acreage: 7.04
L Township: TOWN OF WAYNESVILLE
,{ r Site Value Information
g te. Land Value: $43,200
Building Value: $0
= x Market Value: $43,200
Defered Value: $0
55 I4 ii,s
Assessed Value: $43,200
Sale Price: $95,000
Pg
Ir
L
Sale Date: 4/17/2018
O
Tax Bill 1: $0.00
j" Tax Bill 2: $0.00
}p} 6r■
s�� r 1 inch = 400 feet
October 1, 2018
r }¢a { Disclaimer: The maps on this site are not surveys. They are
prepared from the inventory of real property found within this
' jurisdiction and are comp led from recorded deeds, plats and other
OF 411",i i!- 'r9L i pub I ic records and data. Users oft his site are hereby notified that
s the aforementioned public primary information sources should be
-} consulted for verification of any information contained on these
- maps. Fla ywoodcountyandthe web siteprovider assume noIegal
aim 'ra responsibility for the information contained on these maps.
T/ /!'0!R
Date: September 17, 2018
To Whom It May Concern:
I, Marek Hevier, hereby authorize Herron Associates, P.A. to act as an authorized agent in the matter
of obtaining federal, state and local permits for the project and to represent my interests in associated
meetings for:
Browning Branch Subdivision located in Waynesville. Haywood County, North Carolina.
Project Name Project Location
Sincerely,
Title: Managing Member
Date: OR. C q • Z