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HomeMy WebLinkAbout20191266 Ver 1_WSI - Mahshie PJD 9-14-19_fin_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]: Western North Carolina Stream Initiative (NCWSI) - Mahshie Site 2. Work Type: ❑Private ❑Institutional ❑✓ Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of the project is to conduct stream enhancement/stabilization using natural channel design techniques to reduce stream instability and erosion. The work is being performed and funded through the Western North Carolina Stream Initiative (WNCSI) program which is a partnership between Resource Institute and the Natural Resource Conservation Service (MRCS). The project proposes a combination of stabilization/enhancement and bank grading to approximately 1,810 linear feet of the Elk River and one unnamed tributary. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Resource Institute 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Jordan Hessler, Wildlands Engineering Inc. 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Coordinates: 35.332484, -82.526982 Site Address: 19 Mahshie Lane, Hendersonville, NC 28739 8. Project Location— Tax Parcel ID [PCN Form B la]: 9549840661, 9549830986 9. Project Location — County [PCN Form A2b]: Henderson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Hendersonville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Shaw Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: French Broad 06010105 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # Regional General Permit # ✓ Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 k P WILDLANDS E N G I N E E R I N G 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 Resource Institute (RI), NRCS and the lessee 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 RI who has an agreement to serve as agent for the lessee for this project. The NRCS control of land (COL) form allows the lessee to install the proposed NRCS practices and is also attached. 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 in the same vicinity as the existing channel. Bankfull benches and gentler terrace slopes will be constructed and vegetated and invasive species will be mechanically removed. The result will 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. Wildlands Engineering, Inc. • phone 828.551.8582 • fax 704-332-3306 • 167-B Haywood Road • Asheville, NC 28806 Table 1. Summary of Potential On -Site Waters 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. eszov.usda. Dov/App/HomePa�ze.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, • Agent Authorization Form & Mutual Agreement for Stream Stabilization/Restoration Project, & Parcel Data, • Photolog. If you have any questions, please contact me at 828.551.8582 or jhessler@wildlandseng.com. Sincerely, Jordan Hessler Environmental scientist Enclosure Linear Jurisdictional Classification Footage Feature (LF) Unnamed Tributary to Perennial 49 Shaw Creek (UT1) 1,002 and Shaw Creek Perennial 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. eszov.usda. Dov/App/HomePa�ze.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, • Agent Authorization Form & Mutual Agreement for Stream Stabilization/Restoration Project, & Parcel Data, • Photolog. If you have any questions, please contact me at 828.551.8582 or jhessler@wildlandseng.com. Sincerely, Jordan Hessler Environmental scientist Enclosure Figures Project Location Hydrologic Unit Code (14 -Digit) 06010105020015 j `25 Milo .4 f� oysto 06010105030030 y �'1ca � � D Stoney hlounta 6� Ci 06010105020010 �`sfo eP Mountain SIDtan 27 n Cr � �' ' Center �` 1 �._JStDr�kriatsbuna b f �� ,fir° r a�� m lta ur4 00 G �. �d �-� r T o ma -- �s �'' g601010503004 �`answ Horse Shoe ��S�rtima + %t < c I _ 9 e �� �• � D� y�� Guice i4ounta,n ',• ..- \ U �r $rd W r,rri4 Ave ;Horse Shoe end It f `Rd �� y �'y X19 na i f _ 191 H6rSE$hDF; - - f r� •7 4D sa 4 Dave,, 06010105030010 s ♦ Norse Shoe AA r. outa,r, 3 � Cry.L - Par6cin z ' . Park S Sky ah, Cr ara'R �. $rittaln CreeV 'Ss ode a°h 0• �'`� !''• 4� 06010105030020 d e s S Prsga h jar `6y atd of reek Rdi vc 'vV G x c Laurel.Rirk f v � ` Irl A�O[7r;te9VT ,• Wj rN J Oak q = -pow at Va' � :ria of o ���r�^p_ Cemetery 2 ink os�c e r s 8� . � ,,� x �� �i v dr - 5ttt Ave �+! 1 a 3060 ti t+�mP, e- r �r Hen dersonvifle - e^ Ath Ave lh Mount in 'cw'c < ., 14 & W )h ♦, 3737 tt �gz QP w H ash Grey 3tti Av': egM ❑ an u� c "_..._._.e -: 7 ,•� � amu« s� a� 06010105020010 �� Cl 3 A�w� ' r �' ,arc Cummings Ndrth He,btc, d co C 41 S. Cove Goff a of ori ork Big tY, _ H Cra Dale 5t ern ye Country Club r• ��Dw &eek Henderso nvi Ile WILDLANDS kt� E N G I N E E R I N G 0 0.5 1 2 Miles Figure i Vicinity Map Western Stream Initiative - Mahshie French Broad o6oioio5 Henderson County, NC 8/23/19 ■ ■ Assessment Area 1 ■ — w — � a O Site Lat/Long Location ~ i i � � J � f • } P 11019-A AOL �w As Figure 2 USGSTopographic Map 0 500 000 2,000 Feet Western Stream Initiative - Mahshie W I LD LAN D S > > French Broad o6oioio5 ENGINEERING Henderson County, NC I I I I t 8/23/19 r Assessment Area E Project Parcels Project Streams Non -Project Streams O Stream Classification Point (SCP#) \SCP2 SCP1 ♦♦ i �I �N1. '+ ''� : •lb r ♦♦♦ 41t 411 �„�• ♦41P ♦♦ { 40 Net N "V* — IMP 1i1 kt�wI LD LANDS 0 50 100 200 Feet E N G I N E E R I N G I I I I t It, L: Figure 3 Site Map Western Stream Initiative - Mahshie French Broad o6oioio5 Henderson County, NC 8/23/19 l r � t s y1 • y - /1 i - 1 11 / M1' w Assessment Area Project Parcels Co - Codorus loam Project Streams Non -Project Streams Stream Classification Point (SCP#) IL ?, ,. /1 Y} J -N 111 Ir J'} �.> � _ - +•�' -►•� � ■ �, � 111 1 JJ1_ 14t +_..� 1♦ 1 }� y •t—Ar wI LD LANDS 0 50 100 200 Feet E N G I N E E R I N G Figure 3 Soil Map Western Stream Initiative - Mahshie French Broad o6oioio5 Henderson County, NC 8/23/19 Jurisdictional Determination Request Form urisdictional Determination Reauest US Army Corps of Engineers Wilmington District 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.g,M.mil/Missions/Re ug lato!yPermitProgram/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 INSTRUCTIONS: 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 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. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 19 Mahshie Lane City, State: County: Horseshoe, NC Henderson Parcel Index Number(s) (PIN): 9549840661, 9549830986 B. REQUESTOR INFORMATION Name: Jordan Hessler Mailing Address: 167-B Haywood Road Asheville, NC 28806 Telephone Number: 828-551-8582 Electronic Mail Address: jheSSler@wildlandseng.com Select one: EI am the current property owner. aI am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase 1-1 Other, please explain. C. PROPERTY OWNER INFORMATION' Name: Multiple (Information Attached) Mailing Address: Telephone Number: Electronic Mail Address: ' 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). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',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. Jordan Hessler Print Name Capacity: ❑ Owner ❑✓ Authorized Agents 9-5-19 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector 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 projector 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. ❑ 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 of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminarX 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 o Review Area 2.77 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: Longitude 35.332484 -82.526982 0 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/Re ug latory-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' ✓❑ Vicinity Map Aerial Photograph USGS Topographic Map IVI 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) F] NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms ❑ Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatorregdocs/JD/RGL 08-02 App A Prelim_ JD_ Form_fillable.pdf ' Please see hlW://www.saw.usace.g.M.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 proj ect 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. Version: May 2017 Page 6 Agent Authorization Form, Mutual Agreement for Stream Stabilization/Restoration Project Form, Control of Land Form (for Lessee) & Parcel Information 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 Note: John Mashie is applicant and Lessee of the above referenced parcels. The control of land form (COL) attached in this section provides for him to install the proposed NRCS practices. John Mashie has an agent agreement with Resource Institute and Wildlands is working on behalf of resource institute as a consultant. The attached agreements document these relationships. USDA NC= MRCS COL Worksheet V Jan 2014 Land under contract shall have alease/rent agreement for the length of the contract. Landowners will provide their permission for the participant to install structural/vegetative practices. Some practices may have a longer lifespan that could exceed the length of the contract. I as lanaownerts� or recora to the rarm rroperty ustea apove ao nerepy concur inat the rererencea lessee �r rernei inay proceed with a NRCS contract containing the listed Structural/Vegetative conservation practice(s). I understand that Structural/vegetative conservation practices) must be maintained for the lifespan of the practice above. (alock w above) I certify that the above referenced lessee or renter has Use of the Land described above for the dates aS indicated abOVe (Blocks 9 and 10). (Signature in block 75 below) IZ /Z�3/zot� USDA is an equal opportunity provider and employer. inclusive TRACT TWO: EING apart of the Broyles Estate on the Brevard Road, and originally acquired in Deed Book 500, at Page 579, Henderson County Registry, and being the same property described in deed from Nellie Lee Brunson, widow, to Dewey L. Barnwell and wife, Helen M. Barnwell, dated May 28, 1965, and recorded in Deed Book 438, at Page 641, Henderson County Registry, bounded. specifically as follows: BEGINNING at a point in the center of the branch North 24 degrees East 50 feet from the center of the Brevard Railroad, thence running down the branch North 24 degrees East 83 feet to a point in the center of Shaws Creek; thence with the center of said creels the following courses and distances: North 60 degrees West 242 feet, thence North 69 degrees West 95 feet, thence North 60 degrees West 165 feet; thence leaving the said creek South 20 degrees 15 minutes West 87 feet to railroad right of way in the center at a branch; thence with the North side of a railroad right of way South 60 degrees East 505 feet TO THE BEGINNING, containing 1.05 acres, more or less, and being a portion of the property in Deed Book 500, at Page 579, Henderson County Registry. } Land under contract shall have a lease /rent agreement for the length of the contract, Landowners will provide their permission for the participant to install structurallvegetative practices. Some practices may have a longer lifespan that could exceed the length of the contract. ::°LANDOWNER I as landowner(s) . Si nature NAI.Es Plea"s'e Prititi :(B�o�k,) '..., TELEPHONE IHQME caiacksi �.S NA;i'URE�OF LAND _ ..: N PcLtC.k et4 rACL ►4 co\ k �- ;LANDOWNER'ADD.ESS Please:Prtnt aalo k�).., TELEPHQE.#CELL �'R_... ,-ATURE;IQ tBlo�k)- t, ., :.�'. Ttr,..,=- £.•DATE .., . GC�V L OSOO Hen dersonL)i 112, X8'73 MESSES OR RENTER'N) ME PleaSe,PHih L,(Br TELEPHQ.N.E #'HOME ck5)".-" , Ams �l ,Ielotk'6) Z GD6.R -Z t X-ESSEE'OR RENTER ADDRESS; Please:P,..,r)nt ` CELL' ' �k7) ,,TELEPHONE:,# iBio�a .:iii .Jz af/lc^LiL 1lC' /Ac/'j JC LY73i LEAS'EO.RREt�TAL' P.NEZIOD STARTDATE 'LE%ASE'OR�RENTAL PEfZ10D.;.END;DAT�„;ia�ok,o) :. )eo�ka)' ... - -:; C) (It ZDIS cel%C)(/Za Zs r FARM NUMBEEi(S) 4AMD TRACT NUMBERS) FOR' , ' LANDIR IS�L:EASED OR'F2ENTED{BY THE y " r F.f3�^n Z,• '' h,, T.f , n r� i` ` R , , n� - Yi S•2�. i� p t''' F...,, 4 t t + tt P O Y B s< 7� ��il R( bck41) rF �`ts� �> r .EL EIRENTER such as�field tluml)ers,�all cropland, tt 3 �, r n r C� 1 �' ri �' �f '$ {IT- `r uS + ' 1 !L- 'i. v I „'.l; Y _ 1 1 s> r,i- .jI 7IV 1r� }, t .SSI r �� Tf eL � as SCONSERUATION}PRAC f1G;E DAME?:ancil®r"CODE; +' LIFESPAN'YE/�RSOF THE,PRACTICE.;calo�k,a). : r r, cB�o�k�� ; :; . i 14N T t Ll 56LI 1® sbo 95 5 Let L I of record to the Farm Property listed above do hereby concur that the referenced lessee or renter may proceed with a NRCS contract containing the listed StructuralNegetative conservation practice(s), I understand that Structural/Vegetative conservation practice(s) must be maintained for the lifespan of the practice above, (Block 14 above) (Signature in block 15 below) I certify that the above referenced lessee or renter has Use of the Land described above for the inclusive dates as indicated. above Blocks 9 and 10 . Si nature in block 15 below �.S NA;i'URE�OF LAND �'R_... ,-ATURE;IQ ._. S.SEEQ R.,RENTl=RyBlocic::f•T). t; t, ., :.�'. Ttr,..,=- £.•DATE .., . GC�V / USDA is an equal opportunity provider and employer. U�®� NC- NRCS COL Worksheet Jan 2014 Land under contract shall have a lease/rent agreement for the length of the contract. Landowners will provide their permission for the participant to install structural/vegetative practices. Some practices may have a longer lifespan that could exceed the length of the contract. UC-y� G}cNg+� I as lanaownerts) of recora to the rarm rroperty listea aaove ao nereay concur tnat the rererencea lessee or renter may proceed with a NRCS contract containing the listed Structural/Vegetative conservation practice(s). I understand that Structural/vegetative conservation practices) must be maintained for the lifespan of the practice above. (Block 14 above) (Signature In block 15 below) USDA is an equal opportunity provider and employer. AGENT AUTHORIZATION FORM FOR WNCSI STREAM PROJECTS PROPERTY LEGAL DESCRIPTION: LOT N0.Deed Mahshie book Ln 00001E Paa_ e 677 PLAN NO. PARCEL ID: 9549840661 Hendersonville NC LOT NO. Deed book 1442 Page 682 PLAN NO. PARCEL ID: 9549830986 STREET ADDRESS: 19 51 Mahshie Ln Hendersonville NC 28739 28739• YALE RD Hendersonville NC Please print: Property Owner: Carolyn Patchen Mahshie Property Owner: CHRISTOPHER ETHELYN SCHAEFFER TRUSTEE•SCHAEFFER DAVID NEAS TRUSTEE•SCHAEFFER JAMES ERIC TRUSTEE•SCHAEFFER MICHAEL CLAUDE TRUSTEE•SCHAEFFER WILLIA The property owners above have entered into a Memorandum of Understanding with Resource Institute, Inc. that authorizes the activities proposed on the subject property (see attached for reference). As an authorized representative of Resource Institute, I do hereby authorize Jordan Hessler or other employee , of Wildlands Engineering (Contractor /Agent) (Name of consulting firm) to act on behalf of Resource Institute and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Resource Institute's Address: 2714 Henning Drive, Winston-Salem, NC 27106 Telephone: ( 336)-750-0522 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Sig Date: Authorized Signature Date: Mutual Agreement for Stream 3tabilizaLion/ -Res Lora Lion Project Resource Institute, Inc. (RI) is a non-profit organization that assists organizations and individuals in carrying out projects to protect natural and human resources while promoting economic development. RI can assist with projects in a variety of ways, including, but not limited to, fiend -raising, administering project funds, and contracting for services needed to complete a project. RI has recently adopted projects associated with the USDA-NRCS EQIP program such as the Western NC Stream Initiative and RCPP to help farmers and landowners address eroding stream banks that are negatively affecting them through loss of property, hazards for livestock, sediment transport into a stream and degraded aquatic habitat. The farmer/landowner has either initiated an application for assistance through USDA/NRCS's EQIP program or has already signed an agreement/contract for assistance with USDA/NRCS's EQIP program. RI's role is to help attain the funding for the design, construction oversight and unmet construction needs of the work for sites with current EQIP program agreements/contracts through USDA/NRCS. RI will assist the farmer/landowner by helping to address issues related to managing and N ontracting for the required design, planning, permitting and construction work for stream enhancement practices on the site, as well as necessary structure work, and bank stabilization. RI's objective is to help address current water quality degradation issues; however, work cannot be guaranteed for acts of nature related to flood events or beyond the one year work warranty given by the contractor. RI is working with NRCS, Conservation Districts and the farmers/landowners to help reduce those impacts as much as possible. In providing services to the fanner/landowner on this tract of land for stream restoration/stabilization activities to be performed we thereby mutually agree to the following items: 1. The farmer/landowner will allow ingress and egress for all activities related to the stream restoration/stabilization such as: surveys, engineering, construction, monitoring, etc. for RI and its agents. 2. Farmer/landowner will follow the contractual guidance in the EQIP program with USDA, NRCS. This includes maintaining DUNS and/or SAM.gov registration for entities if applicable. 3. Farmer/landowner will allow NRCS to provide RI with a copy of the associated NRCS EQIP, application, contract and/or contract modifications, and appendix for the purpose of allowing RI to share with RI's other finders in an effort to help obtain matching dollars. This is consistent with the 1619 policy and RI's role as a NRCS Conservation Cooperator assisting USDA-NRCS with technical and/or financial assistance through a cooperative agreement. (Initial/date) STM 6/26/2018 4. The farmer/landowner will assign payments for stream restoration/stabilization related items/practices in the federal contract to Resource Institute using form NRCS-CPA-1236 within 15 days of the completion of construction for these items/practices. 5. Farmer/landowner will sign the NRCS-CPA4245 within 15 days of notification to sign this form to allow payment of the completed items/practices. (Initial/date) JTM 6/26/2018 6. RI will serve as the financial manager for all funds related to the stream restoration/stabilization activities received for the project. This includes providing the farmer/landowner (federal contract participant) with a receipt corresponding to the federal funds received related to the stream restoration/stabilization practices/items. Note: The federal funds received are based upon a payment schedule rate for the average cost. 7. RI will provide project management services such as, obtaining the technical resources, bidding and contracting of project elements, and project construction oversight. 8. RI will work, with farmers/landowners to resolve differences between construction costs and payment schedule rates. 9. RI will also provide a local representative to assist with project management and to serve as a liaison with NRCS/SWCD personnel, RI and the contract participant. Your RI Representative contact info is listed below: RI Representative Nat�te: Henderson County Tina GtaYtett (Phone): Shaw Creek Stream Name _JOHN MAHSHIE, landowner_ Participant/landowner Print Name &TI 6/26/2018 Date 828.606.8212 Phone Number 828-342-9967 Stream Length John Mahshie'oaea2o,8o626y,6°4�:4ao400 Participant/landowner Signature Veteranshealingfarm@gmail.com Email Address Chairman, Resource Institute RC&D, Inc. Date Henderson County, NC Tax Parcel Report Wednesday, July 17, 2019 REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information Ir 110143 MAHSHIE, CAROLYN PATCHEN 19 MAHSHIE LN HENDERSONVLLE, NC 28739 19 MAHSHIE LN 00001E/00677 2001-10-11 00:01:00.0 0 R2 US64W ON 9549.04 8.95000000 $367,600.00 $109,500.00 $477,100.00 48 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9549840661 ETOWAH/HORSESHOE Hendersonville ETOWAH - HORSE SHOE FIRE Not Available ETOWAH RUGBY MIDDLE WEST HIGH Horse Shoe 5 None Found 113 11 Zone AE, 1 % (100 Year Floodplain),Zone X, Not Shaded (Areas outside of the floodplain) THIS IS NOT A SURVEY. Henderson County Geographic Information Systems (GIS) All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital 200 North Grove Street media, shall be at the user5ETMS own risk. Henderson County makes no warranties or guarantees, including the warranties of Hendersonville, NC 28792 merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, P: (828) 698-5124 legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined , F: (828) 698-5122 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). JIII Henderson County, NC Tax Parcel Report Wednesday, July 17, 2019 WARNING: THIS IS NOT A SURVEY Parcel Information REID: 117098 Pin: 9549830986 CHRISTOPHER, ETHELYN SCHAEFFER TRUSTEE;SCHAEFFER, Listed to: DAVID NEAS TRUSTEE;SCHAEFFER, Neighborhood: ETOWAH/HORSESHOE JAMES ERIC TRUSTEE;SCHAEFFER, MICHAEL CLAUDE TRUSTEE;SCHAEFFER, WILLIA 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: SRI 214 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) THIS IS NOT A SURVEY. Henderson County Geographic Information Systems (GIS) All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital 200 North Grove Street media, shall be at the user5ETMS own risk. Henderson County makes no warranties or guarantees, including the warranties of Hendersonville, NC 28792 merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, P: (828) 698-5124 F: (828) 698-5122 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). JIII Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jordan Hessler, wldandsEngineering, Inc.,167-B Haywood Road, Asheville, INC 28806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Henderson city: Horse Shoe Center coordinates of site (lat/long in degree decimal format): Lat.: 35.332484 Long.: -82.526982 Universal Transverse Mercator: UTM 17 Name of nearest waterbody: Shaw Creek 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 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:GIS figures including Vicinity, USGS Topographic, Site, & Soils ❑E Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale, Horse Shoe quadrangles ❑■ Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey website ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: 100 -year Floodplain Elevation is: Photographs: ❑■ Aerial (Name & Date): .(National Geodetic Vertical Datum of 1929) 2014 aerial photography on submittal Figures 3 & 4 or ❑■ Other (Name & Date): Representative site photos with submittal. ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Representative Site Photographs Stream & Wetland Forms NCDWR Stream Identification Forms NC DWQ Stream Identification Form Version 4.11 Date: u _ / Project/Site: I� Latitude:3s 33ae, Evaluato S County: kle s�vl Longitude: --8a,. SdBd-a3 Total Points: Stream is at least intermittent �� S Stream Determination ircle_QMej Other >_ >_ Ephemeral Intermittent erenni e.g. Quad Name: /7/ ,-� sly if 19 or perennial if 30' 2 � A. Geomorphology (Subtotal = & J ) Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 (2 4. Particle size of stream substrate 0 1 2 co 5. Active/relict floodplain 0 0.5 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 1 3 8. Headcuts CO) 1 2 3 9. Grade control 0 0.5 0 1.5 10. Natural valley 0 0.5 u> 1.5 11. Second or greater order channel No = 0 Yes V3 artificial ditches are not rated; see discussions in manual B. Hvdrologv (Subtotal = I I. 5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 _Q> 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 16. Organic debris lines or piles 0 0.5 1.5 17. Soil -based evidence of high water table? 0 No = 0 Yes 3 C. Biology (Subtotal = I ) 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1. 23. Crayfish CD 0.5 1 1.5 24. Amphibians CD 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; 6BL = 1.5 Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: 4e 4 - 3 ori "S - S j(' -- � Sketch: NC DWQ Stream Identification Form Version 4.11 Date: �U U 0 Project/Site: 1) G h S h, /1�/ Latitude: 3S_ 3 3 18X3 X3 Evaluator: J . Nessj County: Longitude: -ga sa Io3 Total Points: Stream is at least intermittent^� s C1 Stream Determination (cir a Ephemeral Intermitten erenm Other e.g. Quad Name: rye, 5 if z 19 or perennial if >30* 2. Sinuosity of channel along thalweg Tl o A. Geomorphology (Subtotal = i a, s ) Absent Weak Moderate Strong 1 a' Continuity of channel bed and bank 0 1 2 15. Sediment on plants or debris 2. Sinuosity of channel along thalweg 0 16. Organic debris lines or piles 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 es 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 0.5 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 1 1.5 10. Natural valley 0 .5 1 1.5 11. Second or greater order channel = 0 Yes = 3 Sketch: aruriciai ancnes are not ratea; see aiscussions in manual B. Hvdrologv (Subtotal 12. Presence of Baseflow 0 1 2 LP 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 0 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 (731 1 L 1.5 17. Soil -based evidence of high water table? No = 0 es U. blOIOQV (subtotal = 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 ther = *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: ' / - l pJ Mpq Sketch: