Loading...
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 0 a� a �) 8" ABC Stone on Compacted Subgrade U Typical Roadway Cross -Section Detail not to scale STREAM CROSSING # 1 US BACK OF CONCRETE CURB CONCRETE CURB FACE OF CONCRETE CURB I ASPHALT STREET SECTION I J_ CONCRETE CURB C Concrete Mountable Curb not to scale iD 0 2" COMPACTED ASPHALT DONCRETE MOUNTABLE CURB 18' 1 6" 1 of ti \-8" ABC STONE ON COMPACTED SUBGRADE� 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 I i I mow i oaf wo KENNETH R. PRUETT Woo I i �w czaZ I�VDB 813 - PG 1360 � VO I I OWNER OF RECORD: BFZOWNING BRANCH, LLC I I I I \ DB 616- PG 1071 i` SUBJECT PROPERTY IS ZONED: ALLEN'S CREEK NEIGHBORHOOD RESIDENTIAL (AC -NR) M 1-40 Z FRONT - 10.0' C.7 UN SIDE - 10.0' FROM ADJACENT LOT LINE OR 5.0' CLYDE ry19 19-2 m G 6.0' SEPERATION BET\EEN BUILDINGS Ac Ln . o a z 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 2 AYNESVILLE tit FINES CREEK x CRUS W \ z � 2030.0 LINEAR FEET OF NEW 20.0' WIDE ASPHALT ROAD TO BE � N 1 �^ Al� GOJ 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 I i I mow i oaf wo KENNETH R. PRUETT Woo I i �w czaZ I�VDB 813 - PG 1360 � VO I I OWNER OF RECORD: BFZOWNING BRANCH, LLC I I I I \ DB 616- PG 1071 i` SUBJECT PROPERTY IS ZONED: ALLEN'S CREEK NEIGHBORHOOD RESIDENTIAL (AC -NR) M 1-40 Z FRONT - 10.0' C.7 O � SIDE - 10.0' FROM ADJACENT LOT LINE OR 5.0' CLYDE ry19 19-2 m G 6.0' SEPERATION BET\EEN BUILDINGS I \ � o 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 S P�y�P��P Q �P ACCOMMODATE 2 PARKED CARS U a5� O W RIDGE (RP HA YWOOD COUNTY VICINITY MAP a not to scale W x m o � zx 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 I i I mow i oaf wo KENNETH R. PRUETT Woo I i �w czaZ I�VDB 813 - PG 1360 � VO I I OWNER OF RECORD: BFZOWNING BRANCH, LLC I I I I \ DB 616- PG 1071 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 I \ � o 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 \ � MINIMUM LOT SIZE: 1 /6th ACRE (7,260 SQUARE FEET) I x 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' FROM STREET REAR - 6.0' FROM ADJACENT LOT LINE 0 6.0' SEPERATION BET\EEN BUILDINGS I MAXIMUM DENSITY: 10 UNITS PER ACRE � o 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 � MINIMUM LOT SIZE: 1 /6th ACRE (7,260 SQUARE FEET) I x SMALLEST LOT CONTAINS UNITS 15 & 16 AND IS 0.168 ACRES (7,329.3 SQUARE FEET 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 & STREETS) 2.84 ACRES OF PERVIOUS SURFACE FOR WATER DRAINAGE W OFFSTREET PARKING - EACH UNIT TO HAVE A LARGE ENOUGH DRIVEWAY TO ACCOMMODATE 2 PARKED CARS U C\2 co M C.7 O � a 0 w I E- O � o w rn x � O I x z� d � A U E- W C\2 I W � Z W U O W E, X � a W x m o � zx xL'3 0: E_ w It s z a ° Do C\2 E r coo 01 A o U II \ L CO 00 o r1� W mo Z 20 L", W Go �a� z >� C75 �Jzo:W Z N a 1 M W � E- P\N sae 1y16 w rl O "CAR , % M O 0oy; 2� yoo m � z z SEAL O _* oo P-1780 ° *= w z �vo°ooQ � o?Oo �xi r� Qi %0 RoORPO\ 000000 o Q 1 U] P; LU ORVE\0 c' ��� A o C\2 Z 0 w � � o w x � x z� a W� C/) � P\N sae 1y16 w rl O "CAR , % M O 0oy; 2� yoo m � z z SEAL O _* oo P-1780 ° *= w z �vo°ooQ � o?Oo �xi r� Qi %0 RoORPO\ 000000 o Q 1 U] P; LU ORVE\0 c' ��� A o C\2 3 0 b m 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 { rim tom. ass sna FD11 MR x o+} x a � g CCn/yn/yn�y _ 7971 m 3 io - .I 22A 5591 " 5224 4 s3 3 81 S. r� 8047 I 4939 7040' 2 7.CA 015515 kt-1 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