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HomeMy WebLinkAbout20190686 Ver 1_Lake Craig JD 3-23-19_201905231013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607  |  828.386.1920    |   www.mcgillassociates.com  May 23, 2019 Ms. Amanda Jones US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue. Room 208 Asheville, North Carolina 28801-5006 RE: Lake Craig Property Jurisdictional Determination Buncombe County, North Carolina Dear Ms. Jones: This letter is to request confirmation of Jurisdictional Determination on the referenced site. The request is based on data, site observations, and a site visit on February 27, 2019. Specifically, we are requesting confirmation of the jurisdictional limit of Wetland A on the subject property. The location Wetland A is shown and labeled on the attached Delineation Map. Included in this letter are the following: •JD Request Forms •Topographic Location Map •Soils Map •Delineation Map •Photo Sheets •Wetland Data Sheets Please include McGill Associates on the copy list of all correspondence for this project. If you have any questions regarding this information, please contact me at 828-386-1920. Sincerely, MCGILL ASSOCIATES, P.A. JON SWAIM Project Manager I:\Projects\2018\18.00132 Lake Craig Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder Assign Action ID Number in ORM 1.Project Name [PCN Form A2a]: 2. Work Type:Private Institutional Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: 5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 7.Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 8.Project Location – Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: 12.Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Authorization: Section 10 Section 404 Section 10 and 404 Regulatory Action Type: Standard Permit Pre-Application Request Nationwide Permit # Unauthorized Activity Regional General Permit # Compliance Jurisdictional Determination Request No Permit Required Revised 20150602 Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B.REQUESTOR INFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C.PROPERTY OWNER INFORMATION2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. McCray Coates, Stormwater Division Manager, City of Asheville Print Name Capacity: ❑✓ Owner ❑ Authorized Agent' S -Z 3- /9 Date I „ , E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. MI intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. HI believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request Version: May 2017 Page 4 F.JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G.ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. Jurisdictional Determination Request Version: May 2017 Page 5 H.REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 North Arrow Graphical Scale Boundary of Review Area Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form •PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table •AJDs, please complete an Approved Jurisdictional Determination Form8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: 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: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.: Long.: 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) 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: 0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:LOCATION, SOIL, USGS, DELINEATION 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. OR U.S. Geological Survey map(s). Cite scale & quad name: Oteen, 1 "= 500' ■❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: _ ❑ State/local wetland inventory map(s): [0-1 FEMA/FIRM maps: SEE DELINEATION MAP ❑ 100 -year Floodplain Elevation is: ❑ Photographs: 0 Aerial (Name & Date): 1-1-2015 or Q Other (Name & Date): 2-27-19 .(National Geodetic Vertical Datum of 1929) ❑ 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. j Z3 �9 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 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. 61 RV krh e&e GRAPHIC SCALE -300 0 150 300 1 INCH = 300 FEET LOCATIONJ MAP I PROJECT # MARCH 1, 2019 18.00132 Study Limits LAKE CRAIG PROJECT BUNCOMBE COUNTY, NORTH CAROLINA -4ppalachkin awrt'lips 9 © 2019 Microsoft Corporation © 2019 HERE L V.rll McGill ASSOCIATES ENGINEERING • PLANNING • FINANCE 1013 STATE FARM ROAD BOONE, NC 28607 PH, (828) 3861920 t Y ii •i f � i r ,� r—�" • ■ • r * �r 00'' 1 / M # iii �� r • -on F If ,�'� Study i r'-� Limits b "' ".,.IN,. 4 � Isde 0.fy GRAPHIC SCALE 1� -500 0 250 500 f •� s 1 INCH = 500 FEET +' E USGS MAP PROJECT # LAKE CRAIG PROJECT McGill MARCH 1, 2019 18.00132 BUNCOMBE COUNTY, A S S O C I A T E S NORTH CAROLINA ENGINEERING • PLANNING • FINANCE 1013 STATE FARM ROAD BOONE. NC 28607 PH. (828) 386-1920 Soil Map—Buncombe County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 2/26/2019 Page 1 of 339384703938500393853039385603938590393862039386503938470393850039385303938560393859039386203938650364650364680364710364740364770364800364830364860364890364920364950 364650 364680 364710 364740 364770 364800 364830 364860 364890 364920 364950 35° 34' 56'' N 82° 29' 38'' W35° 34' 56'' N82° 29' 25'' W35° 34' 49'' N 82° 29' 38'' W35° 34' 49'' N 82° 29' 25'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 50 100 200 300 Feet 0 20 40 80 120 Meters Map Scale: 1:1,500 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Buncombe County, North Carolina Survey Area Data: Version 15, 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: Nov 23, 2011—Nov 28, 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. Soil Map—Buncombe County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 2/26/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI EwF Evard-Cowee complex, 50 to 95 percent slopes, stony 0.0 1.0% UfB Udorthents-Urban land complex, 0 to 5 percent slopes, occasionally flooded 1.7 61.3% UhE Udorthents-Urban land complex, 2 to 50 percent slopes 0.6 21.1% W Water 0.4 16.6% Totals for Area of Interest 2.7 100.0% Soil Map—Buncombe County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 2/26/2019 Page 3 of 3 Wetland Table N c� 1, 00 A �r Wetland 0.25 N A Acres, ,,,r S Legend Wetland A - Property F , Line Study Limits WA -OUT OHWM ;y Wetland A Study Akf••t ../ Limits iL . ` dw Ordinary High Water JURISDICTIONAL WETLANDS AND WATERS IDENTIFIED ON f yam, Mark (OHWM) THIS MAP HAVE BEEN LOCATED WITHIN SUB -METER ♦Fti�_�` ACCURACY UTILIZING A THALES MAPPING GRADE - GLOBAL POSITIONING SYSTEM (GPS) AND THE SUBSEQUENT DIFFERENTIAL CORRECTION OF THAT DATA. GPS POINTS MAY DEMONSTRATE UNCORRECTABLE ERRORS DUE TO TOPOGRAPHY, VEGETATIVE COVER, AND/OR MULTIPATH SIGNAL ERROR. NOTE: THE ILLUSTRATED WETLAND AND STREAM _... LOCATIONS ARE APPROXIMATE. THESE AREAS HAVE BEEN FLAGGED IN THE FIELD; HOWEVER, THEY HAVE NOT BEEN SURVEYED. ALTHOUGH MCGILL ASSOCIATES, P.A. ' (MCGILL) IS CONFIDENT IN OUR ASSESSMENT, THE US r _ Property ARMY CORPS OF ENGINEERS IS THE ONLY AGENCY THAT CAN MAKE FINAL DECISIONS REGARDING Line JURISDICTIONAL WETLAND AND WATERS OF THE US - DELINEATIONS. THIS MAP WAS PREPARED BY MCGILL USING THE BEST INFORMATION AVAILABLE TO MCGILL AT THE TIME OF _ C) PRODUCTION. THIS MAP IS FOR INFORMATIONAL N �. y) " PURPOSES ONLY AND SHOULD NOT BE USED TO to �_ DETERMINE PRECISE BOUNDARIES, ROADWAYS, ^? Eti -" " (D X CLI PROPERTY BOUNDARY LINES, NOR LEGAL DESCRIPTIONS. (1) THIS MAP SHALL NOT BE CONSTRUED TO BE AN OFFICIAL v0 M SURVEY OF ANY DATA DEPICTED. fD i — 7C GRAPHIC SCALE CL -200 0 100 200 - 1 INCH = 200 FEET DELINEATION MAP PROJECT # LAKE CRAIG PROJECT McGill MARCH 1, 2019 18.00132 BUNCOMBE COUNTY, ASSOCIATFS NORTH CAROLINA ENGINEERING • PLANNING • FINANCE 1013 STATE FARM ROAD BOONE, NC 28607 PH. (828) 386-1920 Photo One: View looking northwest and at Photo Two: View looking southwest at Swannanoa River. Azalea Road E visible in top southwestern corner of the property. of the photo. Gashes Creek Rd visible in the background of the image Photo Three: View looking east and Photo Four: View looking southeast at Wetland A. upstream at the Swannanoa River. LAKE CRAIG PROJECT McGill PHOTOSHEET1 PROJECT # BUNCOMBE COUNTY, MARCH 1, 2019 18.00132 A S S O C I A T E S NORTH CAROLINA ENGINEERING • PLANNING • FINANCE 1013 STATE FARM ROAD BOONS, NC 28607 PH. (828) 386-1920 Photo Five: View looking east at Wetland A. Photo Six: View looking northwest at Wetland A. Photo Seven: View looking north and Photo Eight: View looking northwest at the bridge downstream at the Swannanoa River. Azalea on the western side of the property. Road E visible in top right of photo. PHOTOSHEET2 PROJECT # LAKE CRAIG PROJECT McGill MARCH 1, 2019 18.00132 BUNCOMBE COUNTY, A S S O C I A T E S NORTH CAROLINA ENGINEERING • PLANNING • FINANCE 1013 STATE FARM ROAD BOONS, NC 28607 PH. (828) 386-1920 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: Are Vegetation , Soil , or Hydrology Yes Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No X X X Yes X Yes X Yes X X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R Requirement Control Symbol EXEMPT (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Lake Craig Buncombe WA-IN 2/27/19 City of Asheville NC No Section, Township, Range:Jonathan Herman 2%concaveterrace Datum:WGS84-82.49201335.581532LRR N, MLRA 130B NWI classification:Udorthents-Urban land complex, 0 to 5 percent slopes, occasionally flooded Slope (%):Local relief (concave, convex, none): Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 8 0 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 50% of total cover:20% of total cover: Sapling Stratum (Plot size:x 1 = 1.x 2 = 2.x 3 = 3.x 4 = 4.x 5 = 5.Column Totals:(B) 6. 50% of total cover:20% of total cover: Shrub Stratum (Plot size:X 1.X 2.4 - Morphological Adaptations1 (Provide supporting 3. 4. 5. 6. 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:X Remarks: (Include photo numbers here or on a separate sheet.) Herb – All herbaceous (non-woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody Vine – All woody vines, regardless of height. VEGETATION (Five Strata)– Use scientific names of plants.WA-IN Tree Stratum 30 ) Absolute % Cover Dominant Species? Indicator Status Dominance Test worksheet: Salix nigra 5 Yes OBL Number of Dominant Species That Are OBL, FACW, or FAC: 2 (B) 2 (A) Total Number of Dominant Species Across All Strata: Percent of Dominant Species That Are OBL, FACW, or FAC:100.0% Prevalence Index worksheet:5 =Total Cover OBL species 10 10 3 1 FACU species 20 281132(A) Total % Cover of: 5 Multiply by: FACW species Prevalence Index = B/A =2.13 UPL species 0 0 100 200 FAC species 17 51 2 - Dominance Test is >50% 3 - Prevalence Index is ≤3.01 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) data in Remarks or on a separate sheet) 5 ) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Juncus effusus 90 Yes FACW =Total Cover Definitions of Five Vegetation Strata: No No FAC Polygonum pensylvanicum 5 No FACW Carex lupulina 5 No OBL Panicum virgatum 15 No FAC Ludwigia alternifolia 5 Shrub - Woody Plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. FACW Sorghum halepense 5 No FACU =Total Cover 64 26 ) Hydrophytic Vegetation Present?Yes No ) ) 127 Tree – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. =Total Cover =Total Cover Xanthium strumarium 2 ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 X Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 98 Loamy/Clayey Loamy/Clayey 90 Color (moist) Matrix 10YR 4/2 10YR 4/1 10YR 4/6 5YR 5/82-12 0-2 WA-INSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) % 2 Texture 10 Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: Are Vegetation , Soil , or Hydrology Yes Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No No X X No X Yes X Yes X Yes X X Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes City/County:Lake Craig Buncombe WA-OUT 2/27/19 City of Asheville NC No Section, Township, Range:Jonathan Herman 2%concaveterrace Datum:WGS84-82.49201935.581696LRR N, MLRA 130B NWI classification:Udorthents-Urban land complex, 0 to 5 percent slopes, occasionally flooded Slope (%):Local relief (concave, convex, none): Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R Requirement Control Symbol EXEMPT (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 50% of total cover:20% of total cover: Sapling Stratum (Plot size:x 1 = 1.x 2 = 2.x 3 = 3.x 4 = 4.x 5 = 5.Column Totals:(B) 6. 50% of total cover:20% of total cover: Shrub Stratum (Plot size:X 1. 2.4 - Morphological Adaptations1 (Provide supporting 3. 4. 5. 6. 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:X =Total Cover Hydrophytic Vegetation Present?Yes No ) ) 55 Tree – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. =Total Cover =Total Cover 28 11 ) Shrub - Woody Plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Sorghum halepense 15 Yes FACU Polygonum 10 No Rumex crispus 10 No FAC Xanthium strumarium 20 Yes FAC =Total Cover Definitions of Five Vegetation Strata: Problematic Hydrophytic Vegetation1 (Explain) data in Remarks or on a separate sheet) 5 ) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is ≤3.01 Hydrophytic Vegetation Indicators: Multiply by: FACW species Prevalence Index = B/A =3.10 UPL species 0 0 0 0 FAC species 30 90 Prevalence Index worksheet:5 =Total Cover OBL species 5 5 3 1 FACU species 60 15550(A) Total % Cover of: 15 Percent of Dominant Species That Are OBL, FACW, or FAC:66.7% 3 (B) 2 (A) Total Number of Dominant Species Across All Strata: Remarks: (Include photo numbers here or on a separate sheet.) Herb – All herbaceous (non-woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody Vine – All woody vines, regardless of height. VEGETATION (Five Strata)– Use scientific names of plants.WA-OUT Tree Stratum 30 ) Absolute % Cover Dominant Species? Indicator Status Dominance Test worksheet: Salix nigra 5 Yes OBL Number of Dominant Species That Are OBL, FACW, or FAC: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Depth (inches):X Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) %Texture 50% undecomposed organic matter WA-OUTSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Matrix 10YR 4/4 10YR 4/4 6-12 0-6 Loc2 50 Sandy100 Color (moist) Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. McCray Coates, Stormwater Division Manager, City of Asheville Print Name Capacity: ❑✓ Owner ❑ Authorized Agent' S -Z 3- /9 Date I „ , E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. MI intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. HI believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 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: 0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:LOCATION, SOIL, USGS, DELINEATION 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. OR U.S. Geological Survey map(s). Cite scale & quad name: Oteen, 1 "= 500' ■❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: _ ❑ State/local wetland inventory map(s): [0-1 FEMA/FIRM maps: SEE DELINEATION MAP ❑ 100 -year Floodplain Elevation is: ❑ Photographs: 0 Aerial (Name & Date): 1-1-2015 or Q Other (Name & Date): 2-27-19 .(National Geodetic Vertical Datum of 1929) ❑ 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. j Z3 �9 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 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.