HomeMy WebLinkAbout20191266 Ver 1_WSI - Mahshie PJD 8-22-19_20190920Preliminary 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
Western Stream Initiative(WSI) - Mahshie Stream Restoration
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The proposed project involves approximately 1,051 linear feet of stream restoration on Shaw Creek that has been confined within its
valley through the process of down-cutting (head-cutting) and from anthropogenic impacts including clearing of deep-rooted vegetation
and buffer maintenance. In addition, invasive species are a significant burden to stream function.
Wildlands Engineering, Inc.
Jordan Hessler
Coordinates: 35.332484, -82.526982
Site Address: 19 Mahshie Lane, Hendersonville, NC 28739
9549840661, 9549830986
Henderson
Hendersonville
Shaw Creek
French Broad 06010105
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Wildlands Engineering, Inc. phone 828.551.8582 fax 704-332-3306 167-B Haywood Road Asheville, NC 28806
August 23, 2019
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 27
and Water Quality Certification No. 3885
Western Stream Initiative – Mahshie Stream Restoration Project
Buncombe County, North Carolina
Dear Mr. Brown:
The Mahshie Stream Restoration Project is located at 19 Mahshie Lane approximately 4 miles west Hendersonville
and 2 miles east of Horse Shoe in Henderson County (Figures 1 & 2). Wildlands Engineering (Wildlands) is working
on behalf of the property owners to stabilize and enhance a stream channel on an agricultural land parcel. An
Agent Authorization Form is attached which provides verification that Wildlands is acting on behalf of the
property owners.
Project Overview
The proposed project involves approximately 1,051 linear feet of stream restoration on Shaw Creek that has
been confined within its valley through the process of down-cutting (head-cutting) and from anthropogenic
impacts including clearing of deep-rooted vegetation and buffer maintenance. In addition, invasive species are a
significant burden to stream function. The work would include minor adjustment to the stream alignment with
the proposed channel nearly on-line with the existing channel. Bankfull benches and gentler terrace slopes
would be constructed and vegetated. The result would be less bank erosion at the site and a more stable stream
system.
Methodology
Wildlands delineated potential waters of the U.S. within the proposed project area using the USACE Routine On-
Site Determination Method defined by the 1987 Corps of Engineers Wetlands Delineation Manual and
subsequent Eastern Mountain and Piedmont Regional Supplement Version 2.0 (2012). Non-wetland waters
(streams were reviewed using USACE Ordinary High-Water Marks guidance (2005) and classified using the North
Carolina Department of Water Resources (NCDWR) Methodology for Identification of Intermittent and Perennial
Streams and Their Origins (Version 4.11, 2010). NCDWR Stream Classification Forms representative of on-site
stream channels are enclosed (SCP1-SCP2).
Field Investigation Results
The results of the on-site field investigation indicate there are two potential streams located within the proposed
project area, UT1 and Shaw Creek. Shaw Creek (NCDWR index No. 6-50) is classified as WS-IV on-site stream channel
is located within NCDWR subbasin 04-03-02 of the French Broad River Basin (HUC# 06010105). No potential wetlands
were delineated on site. Approximate linear footage and acreage of potential on-site waters are summarized in Table
1.
Table 1. Summary of Potential On-Site Waters
Jurisdictional
Feature Classification
Linear
Footage
(LF)
Unnamed
Tributary to
Shaw Creek
(UT1)
Perennial 49
Shaw Creek Perennial
1,002 and
continues
off site
Total: 1,051
Soils
Soil within the assessment area shown in figure 4 is Codorus loam (Co). Codorus loam is frequently flooded, typically
found in flood plains, and is not classified as a hydric soil. Soils mapping units are based on the U.S. Department of
Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey website
(https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm).
Proposed Impacts
Streamwork will be conducted with trackhoes and tracktrucks, utilizing mud mats as a stream crossing as necessary.
Instream work will be necessary to realign the channel and install structures. It is proposed the stream construction
occur in the wet so that structure placement and installation can incorporate baseflow conditions. Work will typically
occur from the top of bank, however some work from inside the stream channel will be required. The engineer will
be on-site and will require the contractor to take precautions to limit downstream sedimentation and will require that
the pump around be put into place if conditions warrant. Bank grading will be done with caution to avoid spillback of
graded sediments into the stream.
We have included the following supporting data
• Cover Sheet and Preliminary JD Form,
• PCN form,
• Vicinity, USGS, Site, and Soils Maps,
• 11” x 17” copy of the 60% plan set,
• Signed Agent Authorization Form, and
• Photolog.
If you have any questions, please contact me at 828.551.8582 or jhessler@wildlandseng.com.
Sincerely,
Jordan Hessler
Environmental scientist
Enclosure
06010105030010
06010105030020
06010105030030
06010105020010
06010105020010
06010105020015
06010105030040
Figure 1 Vicinity MapWestern Stream Initiative - MahshieFrench Broad 06010105Henderson County, NC 8/23/19
2014 Aerial Photography
0 1 20.5 Miles
Project Location
Hydrologic Unit Code (14-Digit)
Site Coordinates (35.332484, -82.526982)
Figure 2 USGS Topographic MapWestern Stream Initiative - MahshieFrench Broad 06010105Henderson County, NC 8/23/19
2014 Aerial Photography
0 1,000 2,000500 Feet
Assessment Area
Site Lat/Long Location
UT1 (49 LF)
Shaw C reek (1,002 LF)
SC P2 SC P1
Figure 3 Site MapWestern Stream Initiative - MahshieFrench Broad 06010105Henderson County, NC 8/23/19
2014 Aerial Photography
0 100 20050 Feet
Assessment Area
Project Parcels
Project Streams
Non-Project Streams
Stream Classification Point (SCP#)
UT1 (49 LF)
Shaw C reek (1,002 LF)
SC P1
SC P2
Figure 3 Soil MapWestern Stream Initiative - MahshieFrench Broad 06010105Henderson County, NC 8/23/19
2014 Aerial Photography
0 100 20050 Feet
Assessment Area
Project Parcels
Co - Codorus loam
Project Streams
Non-Project Streams
Stream Classification Point (SCP#)
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
FIELDOFFICES
US ArmyCorps of Engineers
151 Patton Avenue,Room 208
Asheville, North Carolina28801-5006
GeneralNumber: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGHREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina27587
GeneralNumber: (919) 554-4884
Fax Number: (919) 562-0421
WASHINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
2407 West Fifth Street
Washington, North Carolina27889
GeneralNumber: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
GeneralNumber: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: Propertyowner 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. REQUESTORINFORMATION
Name:
Mailing Address:
_________________________________________
Telephone Number: _________________________________________
Electronic Mail Address: ________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant
1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION
2
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).
19 Mahshie Lane
Horseshoe, NC
Henderson
9549840661, 9549830986
Jordan Hessler
167-B Haywood Road
Asheville, NC 28806
828-551-8582
jhessler@wildlandseng.com
Multiple (Information Attached)
✔
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION3’4
By signing below, I authorize representatives ofthe Wilmington District, U.S. Army Co坤s of
Engineers (Coaps) to enter upon the property herein described for the purpose of conducting on-
Site investigations, if necessary, and issuing a jurisdictional detemination pursuant to Section
404 ofthe Clean WaterAct and/or Section lO ofthe 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 ofthe owner of record ofthe property.
Jordan Hessler
capa。ity: □ own。r 団A血。riz。d Ag。nt5
9-スターよ。I与7
遷匿墓室
E. REASON FOR JD REQUEST: (Check as many as applicable)
誰認諾詰慧誓霊:三豊霊器
許‡霊言霊器楽窪詩篇蒜詫言話芸豊嵩whi。h ma,
requlre authorization from the CoIPS, and the JD would be used to avoid and minimize
impacts tojurisdictional aquatic resources and as an initial step in a future pemitting
断言tend to constructidevelop a pr直or perferm activities on this pacel which mayrequlre authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the pemitting prooess.
□ I intend to cous血Ct/develop a prQject or perfem activities in a navigable water ofthe
U.S. which is included on the district Section lO list and/or is subject to the ebb and flow of
thetide.
目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.
□ I believe that the site may be comprised entirely ofdry land.
□ Other:
3 For NCDOT requests following the current NCDOT仙SACE protocoIs, Skip to Part E.
4 Ifthere are multip獲e parce獲s owned by different parties, Please provide the following for each additiona獲parcel on a
continuation sheet.
5 Must provide agent authorization fom/1etter signed by owner(s).
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.
2.77
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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/
35.332484
-82.526982
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Jurisdictional Determination Request
Version: May 2017
Page 6
Completed appropriate Jurisdictional Determination form
x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
x AJDs, please complete an Approved Jurisdictional Determination Form
8
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 thatyouprovide will beusedinevaluating your request to determine
whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory
authorities referencedabove.
RoutineUses:Thisinformation maybeshared with theDepartmentof Justice andotherfederal, state,and local
government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal
law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the
approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website
andontheHeadquartersUSAGEwebsite.
Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the
requestforanAJD cannot beevaluatednorcananAJD be issued.
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Western Stream Initiative – Mahshie – Parcel Information
Parcel Information:
PIN: 9549840661
Street Address:
19 Mahshie Lane
Hendersonville, NC 28759
Property Owner Information:
Carolyn Patchen Mahshie
19 Mahshie Lane
Hendersonville, NC 28759
Parcel Information:
PIN: 9549830986
Street Address:
51 Yale Road
Hendersonville, NC 28759
Property Owner Information:
Christopher & Ethelyn Schaeffer – Trustee
David Neas Schaeffer – Trustee
James Eric Trustee Schaeffer – Trustee
Michael Claude Schaeffer – Trustee
Willia Schaeffer - Trustee
265 Danbury Lane NW
Atlanta, GA 30327
Henderson County, NC Tax Parcel Report Wednesday, July 17, 2019
WARNING: THIS IS NOT A SURVEY
Parcel Information
REID:110143 Pin:9549840661
Listed to:MAHSHIE, CAROLYN PATCHEN Neighborhood:ETOWAH/HORSESHOE
Mailing Address:19 MAHSHIE LN Township:Hendersonville
Mailing City, State, Zip:HENDERSONVLLE, NC 28739 Municipality:
Physical Address:19 MAHSHIE LN Tax District:ETOWAH - HORSE SHOE FIRE
Deed:00001E/00677 Plat:Not Available
Date Recorded:2001-10-11 00:01:00.0 Elementary School District:ETOWAH
Revenue Stamps:0 Middle School District:RUGBY MIDDLE
County Zoning:R2 High School District:WEST HIGH
Property Description:US64W ON Soil:
Map Sheet:9549.04 Voting Precinct:Horse Shoe
Assessed Acreage:8.95000000 Commissioner District 5
Building Value:$367,600.00 Agricultural District None Found
Land Value:$109,500.00 North Carolina House District 113
Value To Be Billed:$477,100.00 U.S. House District 11
North Carolina Senate District 48 Flood Zone:
Zone AE, 1% (100 Year
Floodplain),Zone X, Not Shaded
(Areas outside of the floodplain)
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P: (828) 698-5124
F: (828) 698-5122
THIS IS NOT A SURVEY.
All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital
media, shall be at the user’s own risk. Henderson County makes no warranties or guarantees, including the warranties of
merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic,
legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined
by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information
System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608).
Henderson County, NC Tax Parcel Report Wednesday, July 17, 2019
WARNING: THIS IS NOT A SURVEY
Parcel Information
REID:117098 Pin:9549830986
Listed to:
CHRISTOPHER, ETHELYN
SCHAEFFER TRUSTEE;SCHAEFFER,
DAVID NEAS TRUSTEE;SCHAEFFER,
JAMES ERIC TRUSTEE;SCHAEFFER,
MICHAEL CLAUDE
TRUSTEE;SCHAEFFER, WILLIA
Neighborhood:ETOWAH/HORSESHOE
Mailing Address:265 DANBURY LN NW Township:Hendersonville
Mailing City, State, Zip:ATLANTA, GA 30327 Municipality:
Physical Address:51 YALE RD Tax District:ETOWAH - HORSE SHOE FIRE
Deed:001442/00682 Plat:Not Available
Date Recorded:2010-10-01 00:01:00.0 Elementary School District:ETOWAH
Revenue Stamps:0 Middle School District:RUGBY MIDDLE
County Zoning:R2 High School District:WEST HIGH
Property Description:SR1214 ON YALE STATION RD Soil:
Map Sheet:9549.04 Voting Precinct:Horse Shoe
Assessed Acreage:2.20000000 Commissioner District 5
Building Value:$170,200.00 Agricultural District None Found
Land Value:$43,800.00 North Carolina House District 113
Value To Be Billed:$214,000.00 U.S. House District 11
North Carolina Senate District 48 Flood Zone:Zone X, Not Shaded (Areas
outside of the floodplain)
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P: (828) 698-5124
F: (828) 698-5122
THIS IS NOT A SURVEY.
All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital
media, shall be at the user’s own risk. Henderson County makes no warranties or guarantees, including the warranties of
merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic,
legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined
by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information
System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608).
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)
Shaw Creek 35.332094 -82.528223 1,002 LF Continues off site non-wetland waters Section 404
UT1 35.331823 -82.527103 49 LF non-wetland waters Section 404
Jordan Hessler, Wildlands Engineering, Inc., 167-B Haywood Road, Asheville, NC 28806
NC Henderson Horse Shoe
35.332484 -82.526982
UTM 17
Shaw Creek
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 termsand
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 toprovideanofficial
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 shouId be inciuded in subject fiie, Appropriateiy 「eference sources
beIow whe「e indicated fo「 a= checked items:
国Maps, PIans, PIots or plat subm枇ed by o「 on behalfofthe PJD requesto「二
MaD:GIS figures including Vicinity, USGS Topog「aphic, Site, & Soils
国謎議書等法器宝器器某誌苦P’D requestor“
□ O怖ce does not concur with data sheets/deIineation report. RationaIe:
□ Data sheets p「epared by the Co「ps:
□ Co「ps navigabIe waters’study:
□ u,S. GeoIogicaI Survey Hyd「oIogic AtIas:
□ USGS NHD data・
□ USGS8and 12digitHUCmaps〇
回U.S. Geoiogicai Survey map(S). Cite scaIe & quad name:1 :24,000 Scale, Ho「Se Shoe quad「angIes
国NaturaI Resou「ces Conservation Service SoiI Survey" Citation:
□ National wetIands invento「y map(S). Cite name:
□ State/Iocai wetiand invento「y map(S):
□ FEMA/FIRM maps二
NRCS Web Soii Survey website
□ 100-year FIoodpIain EIevation is:
固Photographs:固AeriaI (Name & Date):
Or 国Other(Name&Date):
(NationaI Geodetic VerticaI Datum of 1929)
2014 aeriaI photography on submittaI Figu「es 3 & 4
Representative site photos with submitta○○
□ Previous dete「mination(S)" FiIe no. and date of response letter‥
□ Other information (PIease specify)
iMPORTANT NOTE: The information recorded on this form has not necessarilv
been ver師ed bv the CorDS and should not be relied uDOn for iater iurisdictional
determinations,
Signatu「e and date of
ReguIatory staff member
COmPIeting PJD
Signature and date of
PerSOn 「equeSting PJD
(REQUIRED, unless obtaining
the signature is impracticabIe)1
1 Distriets may estabIish timeframes fo「 requestor to retum signed PJD fo「ms. Ifthe requestor does not respond
Within the estabiished time f「ame, the dist「ict may presume concurrence and no additionai fo=ow up is
necessa「y p「io「 to finaiizing an action.
⊃日夕
Western Stream Initiative - Mahshie – Representative Site Photos (French Broad 06010105)
Page 1
Shaw Creek Shaw Creek
UT1 UT1
Upland Areas Upland Areas
NC DWQ Stream Identification Form Version 4.11
Date:A胸」#_ネ_ノウ PrQjecuSite:〃,L左んレ しatitude:3∫.33ao9y
Evaluat岬e二i細ん/ County:ああfa, しongitude‥一8a.S入従.a3
丁otalPoints: 謹書岩盤nt判じ …葦謹書諜蓑董整 Other eg.QuadName:#{5eJん
A, Geomorphoio (Subt。tai =上土○○。)IAbsenti Weak lModeratel Strong
1a.ContinuityofchameIbedandbank 0 1 ま て砂
2.SinuosityofchannelaiongthaIweg 0 1 細の 3
3.In-Chameistructure:eX,r珊e-POOI,SteP-POOi, 0 1 2 ㊤
「ippie-POOisequence
4.Particlesizeofstreamsubstrate 0 1 2 圏
5.Active/reiict¶oodpIain 0 :7乍ワ 2 3
6,Depositionaiba「sorbenches 0  ̄1 駿 3
7.Recentaiiuviaideposits 」」 1 戸多 3
8,Headcuts (す) 1  ̄2 3
9.Gradecontrol  ̄で 0.5 ピア 1,5
10,NaturalvaIiey 0 0.5 ⊂エ> 」へ 1.5
11,Secondorgreaterorde「chamei No=0 YesFうつ
B.HydroIogy(Subtotai二」⊥ 」)
12.PresenceofBaseflow 0 1 2 篭ジ
13,l「onoxidizingbacteria 0 1 丁重> 3
14.Leafiitter 1,5 了ウ 0,5 ●
15.Sedimentonplantso「deb「is 0 「奇5 1 一門ウノ
16.OrganicdebrislinesorpiIes 0 0.5 子ア 丁5
17.Soii-basedevidenceofhighwatertabie? N〇二0 Yes秒
C.Bioiogy(Subtotai=_」±〇一一〇)
18.Fibrousrootsinstreambed 3 ⊂ラフ 1 0
19.Rootedupiandpiantsinst「eambed 「亘ノ 2 1 0
20.Macrobenthos(notediversjtyandabundance)  ̄0 1 2 こ章二フ
21.AquaticMo=usks (「夢 1 2 _3
22.Fish 0 0,5 1 し」5二二>
23.Crayfish ⊂在> 0.5 1 1,5
24,Amphibians 優> 0,5 1 1.5
25,Aigae 0 0.5 _主で1二フ 1,5
26,Wetiandpiantsinstreambed FACW=0.75詳兜L=15)other=0
★perenniaistreamsmayaIsobeiden描edusingothermethods.Seep・35ofmanuaI・ \-葛-一一/
Notes:まわれe諸u-3,Co魂ブイ3擁_/5,′7c4イ3L」-6-
" 〃 / ク/ク
Sketch:
NC DWQ Stream Identi範cation Form Version 4.11
Date:A唖w#7-おIq P「oject/Site:"o左ん也 」atitude:3∫.33/8a.3
Eva-uator:V`’塙軌o/ Cou中佐nん抑 」ongitude:~∠綴・51詔。3
TotalPoints: 詳岩盤精選逮 Othe「 e・g・QuadName:7毎秒SA。ク
洋藍嵩露盤認許∴急告与
A,Geomo rphoIogy(SubtotaI=上皇上皇_) Absent Weak Moderate Stl里ng
1a.Contjnuityofchanneibedandbank 0 1 2 ⊂立)
2"SinuosityofchameialongthaIweg 0 砂 2 3
3,ln-Chann StruCtu「e:eX,riffle-POOI,SteP-POOi, 0 ㊦ 2 3
rippie-PO SequenCe
4.Particies eofstreamsubstrate 0 イ千フ 2 3
5,ActiveIre t¶oodplain 0 の 2 3
6,Depositionaibarso「benches 0 ( ̄壬フ 乙 3
7,Recenta=uviaideposits 0  ̄1 てシ 3
8.Headcuts 0 イヴ 2 音 3
9,Gradecontroi 0 /希う 1 1,5
10.Naturaiv aIiey 0 「千も 丁「フ 1,5
11,Secondorgreate「orderchannel 了博す三石つ Yes=3
aar揃cialditchesarenotrated;Seediscussionsinmanuai ) 0031.5000
1.5300033
1.5
1.50
1,50
1.5