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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 ✔ 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 ✔ ✔ 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 ✔ ✔ ✔ 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 ƒNorth Arrow ƒGraphical Scale ƒBoundary of Review Area ƒDate ƒLocation of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ƒJurisdictional 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. ƒIsolated 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: ƒWetland 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 ✔ ✔ 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. ✔ ✔ ✔ ✔ ✔ ✔ ✔ 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