20190612 Ver 1_Combined Report with Appendices_20190506

Jurisdictional Determination Report
Academy Street
Ashe County, North Carolina
01
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Prepared By:
401
a•
�COh�ortin� t0
Brushy Fork Environmental Consulting, Inc.
10565 Highway 421 South
Trade, Tennessee 37691
[phone]
www.bfec.org
Date of Report
March 25, 2019
Prepared For:
Allen Yates
643 Greenway Rd.
Boone, NC 28607

Table of Contents
1. INTRODUCTION AND LOCATION
2
2. REGULATORY DEFINITIONS 2
3. TECHNICAL DEFINITIONS 2
4. SITE DESCRIPTION 4
4.1. General 4
4.2. Soils 4
4.3. Wetlands 5
4.4. Streams 5
APPENDICES
A. Location Map
B. Soils Map (Project Site)
C. Jurisdictional Site Map (Project Site)
D. Wetland Determination Data Forms (01)
E. Stream Identification Data Forms (UT 1a UT 1b)
F. USACE Preliminary Jurisdictional Form(s)
G. Project Site Photosheets

1. INTRODUCTION AND LOCATION
Brushy Fork Environmental Consulting, Inc. conducted a United States Army Corps of Engineers (USACE)
jurisdictional delineation on four (1) property parcel (Ashe County, NC) for Allen Yates on March 7th 2019. This
report presents the findings of "waters of the United States" including jurisdictional streams and wetlands,
and "waters of the State". The development site is located at a 1.34 ± cumulative acres Subject Property,
comprised of two parcels: PIN 09263001881 currently owned by Calloway Properties LLC and PIN 096263001
882 currently owned by Allen and Sharon Yates in Jefferson, NC. The property borders Academy Street to the
west and Long Street to the North. A site map with aerial photography and USGS location map for the
property are given in Appendix A.
The hydrologic determination was conducted according to guidelines set forth in the North Carolina Division of
Water Quality (NCDWQ) "Identification Methods for the Origins of Intermittent and Perennial Streams
(Version 3.1)" (Feb. 2005). As the regulating authority of Section 404/401 of the Clean Water Act, the USACE
and state of North Carolina must make the final determination as to the jurisdictional status of this site.
No wetlands were determined to be present at the Subject Property. One (1) intermittent stream was
identified and delineated on-site. The stream is referred to as unnamed tributary one (UT 1a) (Appendix D).
The lower section of this drainage ranked as ephemeral and is referred to as UT 1b herein. The Ordinary High
Water Mark (OHWM) was delineated, flagged, and surveyed for the stream and is presented in the Site Map in
Appendix C.
2. REGULATORY DEFINITIONS
"Waters of the United States" are regulated by the Corps of Engineers based on authority from Section 404 of
the Clean Water Act. They include waters that are or could be used for interstate commerce such as rivers,
wetlands, lakes, territorial seas and ponds, as well as streams, waterways and ditches below the "Ordinary
High Water Mark (OHWM)". Manmade water bodies and farmed wetlands may also be considered
jurisdictional depending on their connection to other "waters of the U.S." if they are not actively mined,
farmed or otherwise managed for five (5) years. A specific detailed definition of "waters of the United States"
can be found in the Federal Register (33 CFR 328.3). Activities in these areas will require a Corps of Engineers
permit if they include the discharge of dredged of fill material into "waters of the U.S.".
"Waters of the State" are "any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other body or accumulation of water. They can be surface or underground, public or private,
natural or artificial. Finally, they must be contained in, flow through, or border upon any portion of this State
(North Carolina) (including any portion of the Atlantic Ocean over which the State has jurisdiction)." This
definition is provided by the North Carolina Department of Environment and Natural Resources, Division of
Water Resources, 401 Buffer Permitting Unit.
3. TECHNICAL DEFINITIONS
Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. They are identified based on the three -parameter
approach outlined in the Corps of Engineers "Regional Supplement to the Corps of Engineers Wetland

Delineation Manual: Eastern Mountains and Piedmont Regional" (2012). The three criteria include
hydrophytic vegetation, hydric soils and wetland hydrology. Generally, all three criteria must be present to
make a positive wetland determination. The criteria are defined as follows:
Hydrophytic vegetation, due to morphological, physiological and/or reproductive adaptation(s), has the ability
to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Individual species have
been assigned indicator status by the USFWS - National Wetland Inventory and the National Plant List Panel.
Vegetation is considered hydric when more than 50% of the dominant species from all strata are OBL, FACW,
FAC+ or FAC. Secondary vegetation rules include the species Prevalence Index which takes non-dominant
species into consideration, observed plant morphological and physiological adaptations, and certain
problematic wetland situations.
Indicator Status
Probability of Occurrence in Wetlands
Obligate Wetland - OBL
> 99%
Facultative Wetland - FACW
67-99%
Facultative - FAC
34-66%
Facultative Upland - FACU
1-33%
Obligate Upland - UPL
<1%
Hydric soils are present if they have been classified as hydric or when they possess characteristics associated
with reducing soil conditions known as hydric indicators. Wetland soils were evaluated for hydric indicators
with the USDA/NRCS report "Field Indicators of Hydric Soils in the United States, A guide for Indentifying and
Delineating Hydric Soils, Version 7.0, 2010". Hydric soils in this report are those where an indicator for "All" or
"Loamy and Clayey" soils (USDA Land Resource Region "P") is present. Colors were determined using the
Munsell soil color chart.
Hydrology in wetlands occurs in areas inundated permanently or periodically at mean water depths of <6.6
feet, or if the soil is saturated to the surface for approximately nine (9) days consecutively during the growing
season of the prevalent vegetation. Wetland hydrology indicators may be present above or below the surface.
Primary indicators include inundation, saturation in the upper 12 inches, watermarks on standing structure,
sediment deposits and hydrogen sulfide odor. A minimum of one primary indicator is required for the
presence of a wetland. Secondary indicators (two or more required) include drainage patterns, moss trim
lines, crayfish burrows, and the FAC -neutral test.
In general, an area must meet all three criteria to be classified as a wetland. In certain "naturally problematic"
areas such as seasonal wetlands which are not wet at all times, or in recently disturbed situations, an area may
be considered a wetland if only two criteria are met.
Perennial stream means a well-defined channel that contains water year round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary
source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the
typical biological, hydrological, and physical characteristics commonly associated with the continuous
conveyance of water. [15A NCAC 02B.0233(2) (i)]
Intermittent stream means a well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily

supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the conveyance of water. [15A NCAC 02B .0233(2) (g)]
Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream
may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater
runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and
physical characteristics commonly associated with the continuous or intermittent conveyance of water. [15A
NCAC 02B.0233(2) (d)]
4. SITE DESCRIPTION
4.1. General
The Subject Property (36.418061, -81.469465) is comprised of two (2) parcels in central Ashe County within
the Town of Jefferson, NC. The properties include a 0.521± acre parcel (PIN 09263001881), and a 0.816 ± acre
parcel (PIN 09263001882) culminating an area of ^'1.34± acres. The parcels are located east of Academy
Street and South of Long Street (Appendix A). The project review area was evaluated for aquatic resources
subject to federal and state jurisdiction. Elevations on site range between —2913 and ^2957 feet above mean
sea level (Appendix A).
The Academy Street delineation site is located in the Naked Creek — South Fork New River Watershed in the
Upper New River Basin; Hydrologic Unit Code (HUC12) 050500010207. The entirety of the parcels including UT
1 drain into Naked Creek which then drains east into the South Fork New River. The South Fork then flows
approximately northeast until it confluences with the North Fork New River into the New River.
4.2. Soils
One (1) soil type is mapped on the Subject Property (USDA Web Soil Survey, accessed 3/6/2019). Appendix B
presents a soils map of the Project Site. The approximate percent (%) of each soil type at the project site is
listed in Table 1 below. Braddock -Urban land complex (BuC) is the dominant soil present at the Subject
Property (100%). BuC is typically found on stream terraces in urban settings near parking lots, streets,
buildings and other structures. It usually occurs on 2-15% slopes and is considered well -drained with no
mapped frequency of flooding. The Braddock component of the BuC complex is considered well drained old
alluvium found in stream terraces, and comprises approximately 50% of the complex. The Urban land
component of the complex makes up approximately 30% of the complex and several other minor components
(Udorthents 9%, Thurmont 4%, Dillard, rarely flooded3%, Reddies (occasionally flooded) 2%, and Hemphill
(undrained) 2%) comprise the remaining 20%.
The soil types which occur on the subject property are listed and described in detail below:
Table 1.
Project Soils Information
of Frequency of
Soil Type Project Site Landform Drainage Class Flooding
Braddock -Urban
land complex (BuC) 100% Urban Stream Terraces Well -Drained None
*Note: Braddock is the dominant complex in the BuC complex noted above

4.3 Wetlands
No wetlands were determined to be on the Subject Property. An upland point (01) was taken and the
datasheet is provided in Appendix D.
4.4 Streams
One (1) stream was identified on the Subject Property (Appendix Q. UT 1 is a first order stream which appears
to have been significantly altered in the past. The channel flows approximately north, originating at a culvert
in central -southern portion of the Subject Property. The stream flows above ground for approximately 209
feet then transitions to sub -surface for roughly 84 feet before draining under Long Street and eventually into
Naked Creek. BFEC was unable to relocate any surface flow in the channel bed after this point (see
photosheets, Appendix G). Josselyn Lucas with BFEC completed two (2) separate HD datasheets due to the
sub -surface flow conditions on the lower 85 feet. For the purposes of this report the reaches are referred to as
UT 1a and UT 1b respectively and are described below:
UT 1a (Intermittent, score 26; see HD 1 on JD Map and Datasheets in Appendix E)
UT 1a is approximately two (2) feet wide and 209 linear feet in length. Bed material is a diverse mix of small
pebbles to large cobble with some small boulders as well as some areas dominated by saprolite or sediment.
Benthic macro -invertebrate sampling in the upper portion of UT 1 yielded several stone flies, some caddis
flies, three (3) water pennies, and an annelid. Numerous aquatic snails were observed as well as several
crayfish burrows and two (2) crayfish. Several salamanders were also observed.
UT 1b (Ephemeral, score 14.75; see HD 2 on JD Map and Datasheets in Appendix E)
UT 1b is approximately 84 feet in length. It appears that UT1b at one time conveyed flow; evident by the bed
material, debris lines, laying grass, and sediment sorting; however there were areas of this reach where
differentiation between bed and bank was difficult, and a significant section where the bed of the stream is
dominated by upland grasses near the end of the reach. Although it is unusual in this geographical area for
water to travel sub -surface it does appear this is the case at the Subject Property. BFEC assumes that when the
ground is saturated the lower section of UT 1 likely could convey surface flow. It is relevant to note that once
UT 1 transitioned to sub -surface flow there were no benthic macroi nverteb rates, mollusks, crayfish or
salamanders observed.

APPENDIX A
SITE LOCATION MAP

X. tis `O`4 /i'I
Location Map -
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z Subject Property
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_ f, pym tYraa,l G:eo,grapr is Society; -Y -cubed._-
0 5 10 20 30 40
Miles

APPENDIX 6
Site Soils Map

Soils Ma
Ir �
ice.. . .
b —
BUC
;T4i-t_ I
N4o<�,v,
Braddock -Urban Land Complex 0 15 30 60 90 120
Feet
Subject Property
a�uhin4r "
1.p is not to be construed as surveyed data. All boundaries are approximate GIS data taken from public data sources. BFEC 2019.

APPENDIX C
JURISDICTIONAL SITE MAP

LONG STREET 40
EDWARD ARRIOLA
DEED BOOK 381
PAGE 1941
Im
Nis
C
CT
fTl
0
CD
n
\ 1 \
J
V 1 \N
TT LOT 2
0.816 Acres
kap\\\
R1 W
INVERT =
C
Q
0-1
Culvert
4
n
on—Jurisdictional (Ephemeral) Stream: 84.07 LF
ryo /
�o
\�-I D 2
Point of Transition to Sub—Surface
�v
'C„
V
ntermittent Stream: 209.08 LF
I
\ — \ INVERT = 2941.45
Legend 1-
ulvert
UT 1a (Intermittent; 209.08 LF)
UT 1b (Ephemeral; 84.07 LF) 2950
Project Parcels
Point of Sub -Surface Flow
Wetland/HD Datasheets
P�I
Sheet
1 / 1
JURISDICTIONAL DETERMINATION MAP
Academy Street Hydrologic Determination
DA
3/25119
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9 � _Engineering Sound Environmental Solutions
10565 Highway 421 South
Trade, TN 37691
423.727.4476
��.Y” www.bfec.org
DRAWN BY.
Ashe Count y
Jefferson, NC
CHECKED erph/fax:
AW
No. REVISIONS DATE BV

APPENDIX D
WETLAND DETERMINATIONDATA FORM (01)

WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
Project/Site: Academy Street Delineation City/County: Jefferson/Ashe Sampling Date: 3/7/19
Applicant/Owner: Allen Yates State: NC Sampling Point: 01
Investigator(s): J. Lucas, Z. Edwards Section, Township, Range: Jefferson, NC
Landform (hillside, terrace, etc.): Slope Local relief (concave, convex, none): None Slope (%): 5
Subregion (LRR or MLRA): LRR N Lat: 36.417808 Long: -81.469523 Datum:
Soil Map Unit Name: BuC NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation x Soil x or Hydrology x significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No x within a Wetland? Yes No X
Wetland Hydrology Present? Yes No x
Remarks:
Area is mowed lawn, significantly disturbed by human activity. Soils show evidence of large amounts of fill materials. Stream in center of property has
been culverted and channelized.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_ Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
_ Drainage Patterns (B10)
—Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (B1) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Recent
Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
—Stunted or Stressed Plants (D1)
—Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC -Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No x
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Area is in a drainageway for stormwater from impervious surfaces (parking lot and road) however no hydrology was noted at the sampling point.
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: 01
Remarks: (Include photo numbers here or on a separate sheet.)
Most of the herb stratum was dead/dormant. Seed pods could not be located making identification to species level difficult. However, area appears to
host upland community of plants in general.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30'x30' )
% Cover Species?
Status
Dominance Test worksheet:
1. Cornus florida
1 No
FACU
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 1 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 33.3% (A/B)
7.
Prevalence Index worksheet:
1 =Total Cover
Total % Cover of: Multiply by:
50% of total cover:
1 20% of total cover:
1
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15'x15'
)
FACW species 0 x 2 = 0
1. Rubus allegheniensis
25 Yes
FACU
FAC species 10 x 3 = 30
2.
FACU species 29 x 4 = 116
3.
UPL species 0 x 5 = 0
4.
Column Totals: 39 (A) 146 (B)
5.
Prevalence Index = B/A = 3.74
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
- Dominance Test is >50%
9.
-2
3 - Prevalence Index is <_3.01
25 =Total Cover
_
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
13 20% of total cover:
5
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5'x5' )
_ Problematic Hydrophytic Vegetation' (Explain)
1. Solidago
10 Yes
FAC
Indicators of hydric soil and wetland hydrology must be
2. Phytolacca americana
3 Yes
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
13 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
7 20% of total cover:
3
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No x
Remarks: (Include photo numbers here or on a separate sheet.)
Most of the herb stratum was dead/dormant. Seed pods could not be located making identification to species level difficult. However, area appears to
host upland community of plants in general.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL Sampling Point: 01
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-12 10YR 3/4 100 Loamy/Clayey
D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_ Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
—Sandy Mucky Mineral (Sl)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type: N/A
Depth (inches):
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No x
Remarks:
This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric
Soils, Version 8.0, 2016.
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0

APPENDIX E
STREAM IDENTIFICATION DATA FORMs (UT 1a, UT 1b)

NC DWQ Stream Identification Form Version 4.11
Date: 3/7/19
Project/Site: Academy St. Delin.
Latitude: 36.417943
Evaluator: JL, ZE
CountyAshe
Longitude: -81.469416
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 26
Ephemeral kljermit e t Perennial
e.g. Quad Name: HD1 (UT 1 a)
if >_ 19 or perennial if >_ 30*
2
I
A. Geomorphology (Subtotal = 13.5 )
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No
= 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hvdroloqv (Subtotal = 3.5
12. Presence of Baseflow
0 1
2 3
13. Iron oxidizing bacteria
0 1
2 3
14. Leaf litter
1.5 1
0.5 0
15. Sediment on plants or debris
0 0.5
1 1.5
16. Organic debris lines or piles
0 1 0.5
1 1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal = 9
18. Fibrous roots in streambed
3
2
1 **
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1 ***
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: 'Note'. Because lower section is completely dry evaluators scored this as moderate even though
in lower section none were found. "" Aquatic Mullosks were found in abundance in upper section.. none in
lower section ager stream goes subsurface (no water).
Sketch: LIT 1
Flow
Culvert
Goes Sub -Surface
Culvert

NC DWQ Stream Identification Form Version 4.11
Date: 3/7/19
Project/Site: Academy St. Delin.
Latitude: 36.418373
Evaluator: JL, ZE
CountyAshe
Longitude: -81.469516
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 14.75
I Intermittent Perennial
e.g. Quad Name: HD2 (UT 1 b)
if >_ 19 or perennial if >_ 30*
14Eeme
I
A. Geomorphology (Subtotal = 10 )
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No
= 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 2 )
12. Presence of Baseflow
0 1
2 3
13. Iron oxidizing bacteria
0 1
2 3
14. Leaf litter
1.5 1
0.5 0
15. Sediment on plants or debris
0 0.5
1 1.5
16. Organic debris lines or piles
0 1 0.5
1 1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Channel bed is clearly defined for most of the reach; section where it appears channel used to go underground and then
reappear DeTOre cu ver . uriannei is currentiy dry, owever, evi ence o recen ow exis s. en soi is sa ura e i appears e s ream wou a owing.
Sketch:
Goes sub surface
UT -1a- _
headcut
UT 1 b
Drainage Direction
Culvert

APPENDIX F
PRELIMINARY JURISDICTIONAL FORM

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 3/12/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Allen Yates; 643 Greenway Rd, Boone, NC 28607
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Ache City: Jefferson
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.418107 Long.: -81.469441
Universal Transverse Mercator:
Name of nearest waterbody:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑■ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
1 a
36.417846
-81.469395
-209 ft
intermittent non wetland waters
404
1 b
36.418451
-81.469518
-84 ft
ephemeral non wetland waters
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

APPENDIX G
PROJECT SITE PHOTOSHEETS

Academy Str
Deloincatuion Photoshe
sol En
a
C��Sulting�i�
March Th 2019

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€pr �: f � 1M �.. .,4JY^ - �. c �,,, s f' , is n •d` s�.
Jill

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�•. •. "N ��-/ �i" � ��" ' f may, 5 Y -
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rCulvert atParking Lot facing East

J
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W�
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44
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