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HomeMy WebLinkAboutHUNTER HEIGHTS LT 2HUNTER HEIGHTS Lot 2 020 - 151 - 24 MUNICIPALITY OF ANCHORAGE On -Site Water & Wastewater Program PO Box 196650 4700 Elmore Road Anchorage, Alaska 99519-6650 Phone: (907) 343-7904 Fax: (907) 343-7997 hftp://www.muni.org/onsite On -Site Water & Wastewater System Permit Permit Number: OSP241399 Work Type: WellSeptic Initial Tax Code Number: 02015124000 Site Legal Address: HUNTER HEIGHTS LT 2 G:3442 Site Mailing Address: Owner: TERRY TIMOTHY & MARIA Design Engineer: This permit is for the construction of: Q Disposal Field Q Septic Tank ❑ Holding Tank ❑ Privy Effective Date: Expiration Date: r w ; 1)epart.r��<:�f�e 1 /2/2025 1 /2/2026 Lot Size in Sq Ft: 49246 Total Bedrooms: Q Private Well ❑ Water Storage All construction shall be in accordance with: 1. The attached approved design. 2. All requirements specified in Anchorage Municipal code Chapters 15.55 and 15.65 and the State of Alaska Wastewater Disposal Regulations (18AAC72) and Drinking Water Regulations (18AAC80) 3. The wastewater code requires inspections during the installation. The engineer shall notify the Development Services Department per AMC 15.65. Provide notification by calling (907) 343-7904 (24/7). 4. From October 15 to April 15, a subsurface soil absorption system under construction during freezing weather shall be either: a. Opened and Closed on the same day, or b. Covered, sealed, and heated to prevent freezing �z Received By: �' '�` C5 ( Date: Issued By: Date:' 2 ON -SITE SEPTICMELL PERMIT APPLICATION Parcel I.D. 02015124000 Property owner(s) Terry, Timothy and Maria Day phone (907) 903-5055 Mailing address 1120 Huffman Road, PMB 24-501, Anchorage, AK 99515 Site address 43 Unknown Street (Paine Road), Anchorage AK Legal description Hunter Heights, Lot 2 Number of Bedrooms Engineering Firm Huber Enterprise Alaska Building Permit Number APPLICATION IS FOR: (Z all that apply) Absorption Field F] 0 EJ n. Septic Tank Holding Tank Privy Well Not Applicable MR APPLICATION IS AN: Initial Upgrade F] Renewal R THIS APPLICATION INCLUDES A WAIVER REQUEST FOR: No Waivers Requested Permit/Rush Fees: Date of Payment: Permit No. Waiver Fees: Date of Payment: Waiver No. Distance: Municipality of Anchorage On-site Water and Wastewater REVIEWED FOR CODE COMPLIANCE OSP241399, Curtis Townsend, 01/02/25 Lot 2 Hunter Heights SepƟc Tank and Drainfield Design Project NarraƟve/DescripƟon: Lot 2 of the Hunter Heights Subdivision is in the process of obtaining a Well and SepƟc permit as well as a Land Use Permit for the construcƟon of a 2 bedroom main residence. There is the potenƟal for a future ADU on site that would consist of an addiƟonal two bedrooms. The following sepƟc design calculaƟons are for the planned 2 bedroom residence including the addiƟonal two bedroom ADU to avoid any future capacity issues. A soil invesƟgaƟon was conducted on site in October 2024. Two test holes were excavated, TH#1 was advanced to a depth of 11 feet, and TH#2 was advanced to a depth of 10 feet. Percola Ɵon tesƟng confirmed the on-site soil has a low percolaƟon rate. A rate of 60 min/inch was determined in both test holes and thus an Engineered Advanced Wastewater Treatment System will be required. The Proposed Well for the property is located on the NE quadrant of the property near Paine Road. The SepƟc is proposed on the SW quadrant to ensure separaƟon distance from the well. There exists a small non-jurisdicƟonal wetland on the subject property, located in the SE quadrant. The neighboring property has constructed a sub-surface stormwater drain on their southern property line. SeparaƟon distances radii is shown from both of these features as well as from all known water wells in the area. Design CalculaƟons Flow Rate: 2 Bedroom Main Residence at 150GPD/Bedroom = 300 GPD. - Oversize the System to accommodate for possible future expansion and/or premature failure of the system - Design Flow = 4 bedroom X 150 GPD/bedroom = 600 GPD SepƟc Tank Size: Minimum Size 1000 gallons plus 250 gallons for each bedroom over 3 per AMC 15.65 - 1000 + (250x2) = 1500 gallons - AdvanTex AWWTS uƟlized. - Advantex FAP Fully Assembled Package contains a 1500 gallon Tank. PercolaƟon Rate: Soil TesƟng indicated a percolaƟon rate of 60 min/inch. - Slow PercolaƟon rate will require the use of an Advanced Wastewater Treatment System. ApplicaƟon Rate: - Per AMC 15.65 Table 6, AWWTS Category III, The ApplicaƟon Rate for soils with percolaƟon rates of 31-60 Minutes/inch shall be 2.0 gallons/day/square foot. - Our Tested Perc rate of 60 min/in is at the limits of this range. The next range of 61-90 min/inch shall be uƟlized. - Design ApplicaƟon Rate: 1 gallon/day/square foot Drainfield Area: - (600 gallons/day) x (1 gallon/day/square foot) = 600 Square Feet - Assuming a 15 foot wide bed, the dimensions of the drainfield bed shall be 15’ x 40’ - Central Manifold ConfiguraƟon to limit lateral length Drainfield Design: Pressurized DistribuƟon 1. Lateral Length = 18.5 feet 2. Lateral Diameter = 1.25” 3. Number of Laterals = 6 - Laterals Spaced 5’ Apart - Outermost Laterals 2.5’ inside the length of the bed. - End of laterals 1.5’ inside the end of the bed. o See plan Detail 4. Central Manifold ConfiguraƟon - Manifold Length = 10 feet - Manifold Diameter = 2” 5. PerforaƟon Size = 3/16” - Anchorage Tank Suggested 1/8” perforaƟons. - “Design of Pressure DistribuƟon Networks for SepƟc Tank-Soil AbsorpƟon Systems” by OƟs, 1981 – PerforaƟons smaller than 1/8” should be avoided to prevent clogging. - Field drilling the perforaƟons may cause irregulariƟes in the perforaƟons. - Design size of 3/16” is a compromise to all of the above. 6. PerforaƟon spacing = 3 foot on center - Number of perforaƟons per lateral o N = (18.5/3) +1 = 7.16 = 8 - Total PerforaƟons = 8 x 6 = 48 7. Lateral Discharge Rate = Ql - First need to calculate the perforaƟon discharge rate. (Qp) - Distal Pressure of 3.5’ head should be u Ɵlized for 3/16” perforaƟons. PerforaƟon Discharge = Qp = 11.79 * (0.1875)^2 * (3.5)^0.5 = 0.78 gpm Lateral Discharge = Ql = 0.78 * 8 = 6.24 gpm. 8. Total Discharge = Qt - Qt = 6.24 x 6 = 37.44 gpm Headloss Through System: - 12’ of 2” PVC discharge piping - AccounƟng for 90 degree bends, Tees, entrance losses, and system network head to maintain relaƟvely uniform flow at perforaƟons. - See aƩached calculaƟons; o 37.5 GPM @ 15.66 feet max TDH 9. Buoyancy Forces: No Groundwater encountered during soil tesƟng (10/2024). If groundwater encountered during construcƟon, the sepƟc tank shall be ballasted with concrete. - SepƟc Tank Area x 99” total bury Depth = 607.2 Cubic Feet o 607.2 CF x 7.48 gal/CF x 8.34 lb/gal = 37879.08 lbs o 37879.08 lbs/ 250 lbs/CF / 27 CF/yd = 5.61 CY Concrete ~ 6 CY I am unaware of any adverse impacts this installaƟon would have on any wells or sepƟc systems constructed in the adjacent area. Should you have any quesƟons or require any addiƟonal informaƟon, please do not hesitate to contact me. Sincerely, Logan M. Huber P.E. (772) 528-6287 Lhuber87@gmail.com 3' SECTION LINE ESMT. LOT 3 LOT 2 49,246 SQ. FT. 1.13 ACRES LOT 1 TRACT 2 PAINE RD. R.O.W. N0 ° 01 ' 05 " W 2 5 5 . 3 1 ' N89° 55' 00"E 175.00' S0 ° 01 ' 0 5 " E 30 7 . 5 0 ' S73° 2 8 ' 20"E 182.5 6 ' 10' T&E ESMT. WETLAND #1 APPROX. NEIGHBORING DRAINFIELD APPROX. NEIGHBORING RESERVE DRAINFIELD APPROX. NEIGHBORING S.T.E.P. TANK 12/18/2024 Feet 0 40 80 Municipality of Anchorage On-site Water and Wastewater REVIEWED FOR CODE COMPLIANCE OSP241399, Curtis Townsend, 01/02/25 CABLE RISER3' SECTION LINE ESMT. LOT 3 LOT 2 49,246 SQ. FT. 1.13 ACRES LOT 1 TRACT 2 CABLE RISER PAINE RD. R.O.W. 10' T&E ESMT. WETLAND #1 12/18/2024 Feet 0 10 20 12/18/2024 Municipality of Anchorage On-site Water and Wastewater REVIEWED FOR CODE COMPLIANCE OSP241399, Curtis Townsend, 01/02/25 Municipality of Anchorage On-site Water and Wastewater REVIEWED FOR CODE COMPLIANCE OSP241399, Curtis Townsend, 01/02/25 DEPARTMENT OF THE ARMY ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION P.O. BOX 6898 JBER, AK 99506-0898 February 16, 2023 Regulatory Division POA-2022-00484 Ms. Martine C. Sawtelle P.O. Box 110753 Anchorage, Alaska 99511 Dear Ms. Sawtelle: This is in response to your request, dated September 20, 2022, for an Approved Jurisdictional Determination for a 1.130-acre parcel of land described as Hunter Heights Subdivision Lot 2 (MOA 02015124000). It has been assigned number POA-2022-00484, which should be referred to in all correspondence with us. The project site is located within Section 7, T. 11 N., R. 2 W., Seward Meridian, USGS QUAD: ANCHORAGE A-8; Latitude 61.0649º N., Longitude 149.713º W.; in the Municipality of Anchorage, Alaska. Based on our review of information available to our office and the information you provided, including a wetland delineation report by Hemlock Scientific, LLC dated July 21, 2022, we have determined that the subject parcel contains wetlands that are not a water of the U.S., under the U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. The wetlands on your property are isolated, intrastate, non-navigable, and have no connection to interstate or foreign commerce. Therefore, pursuant to the federal guidance on the Solid Waste Agency of Northern Cook County versus U.S. Army Corps of Engineers, a DA permit is not required for any activities that may occur on your property. A copy of the Approved Jurisdictional Determination (AJD) form is available at: www.poa.usace.army.mil/Missions/Regulatory/JurisdictionalDeterminations/Jurisdiction alDeterminationArchive under your file number. This AJD does not establish any precedent with respect to any other Jurisdictional Determination under Section 404 of the Clean Water Act. The wetlands on your parcel were reviewed pursuant to Section 404 of the Clean Water Act which requires that a DA permit be obtained for the placement or discharge of dredged and/or fill material into waters of the U.S., including wetlands, prior to conducting the work (33 U.S.C. 1344). -2- For regulatory purposes, the Corps defines wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This AJD is valid for a period of five (5) years from the date listed on the AJD form, unless new information supporting a revision is provided to us before the expiration date. Also enclosed is a Notification of Administrative Appeals Options and Process and Request for Appeal form regarding this AJD (see section labeled “Approved Jurisdictional Determination”). Nothing in this letter excuses you from compliance with other federal, state, or local statutes, ordinances, or regulations. Please contact me via email at Heather.N.Markway@usace.army.mil, by mail at the address above, by phone at (907) 753-2797, or toll free from within Alaska at (800) 478-2712, if you have questions. For more information about the Regulatory Program, please visit our website at www.poa.usace.army.mil/Missions/Regulatory. Sincerely, Heather N. Markway Project Manager Enclosures !!!!!!!!!! Review Area Rabbit Creek-Frontal Turnagain Arm WatershedHUC 1902040107 ¹0 52.5 MilesLegend Rabbit Creek Watershed MOA Streams Streets ! ! !Municipal Boundary Coastline Coordinate System:NAD 1983 State Plane Alaska Zone 4 Hunter Heights Lot 2MOA Parcel 02015124000SEC 7, T11N, R2W, SM61.0648N, -149.7130W (WGS84)USGS Quad: Anchorage A-8 AnchorageKnik Arm Estu a r y Turnagain Arm E s t u a r y Prepared by Hemlock Scientific, LLC January 19, 2023 POA-2022-00484 Figure 1 of 12 AJD Attachment 1 Paine R o a d Legend Review Area Little Rabbit Cr MARINE MOA-Mapped Stream Coordinate System: NAD 1983 State Plane Zone 4 ¹ Imagery: MOA 2015 Review Area HUNTER HEIGHTS SUBD. LOT 2MOA 0201512400061.0649°N 149.7130°W (NAD83)SEC 7, T11N, R2W, SMUSGS QUAD: ANCHORAGE A-8 Prepared by Hemlock Scientific, LLC 0 5,0002,500 Feet Turnagain Arm Estuary January 19, 2023 POA-2022-00484 Figure 2 of 12 AJD Attachment 1 Paine Road Soil Type 427 Soil Type 412 Soil Type 456 NWI: R5UBH NWI: PEM1/SS4B UNNAMEDLI T T L E R A B B I T C R E E K A M E D MOA #84A MOA #84A MOA #84A 15 5 0 15 5 5 15 3 0 152 5 1 5 2 0 1515 151 0 15 0 5 150 0 14 9 5 1 4 9 0 15351540 1 4 8 5 1 5 4 5 1 4 8 0 1 4 7 5 156 0 147 0 1565 14 6 5 1 4 6 0 1455 1570 1 4 5 0 1 4 4 5 157 5 14 4 0 15 8 0 15 8 5 15 9 0 15 9 5 1 4 3 5 1600 1605 1 4 3 0 1610 15 6 5 1 4 9 5 1 5 4 0 1 5 0 5 1550 1555 1505 15 1 5 15 6 0 1 5 1 5 1560 1455 1550 1490 15 7 0 1545 1460 14 7 5 1490 153 5 Legend Review Area Wetland MOA 5-ft Contours (2015) MOA-Mapped Stream (11) NRCS Soil Map MOA AWMP Wetland Coordinate System: NAD 1983 State Plane Zone 4 ¹ Imagery: MOA 2015 Review Area HUNTER HEIGHTS SUBD. LOT 2MOA 0201512400061.0649°N 149.7130°W (NAD83)SEC 7, T11N, R2W, SMUSGS QUAD: ANCHORAGE A-8 Prepared by Hemlock Scientific, LLC 0 10050 Feet Text January 19, 2023 POA-2022-00484 Figure 3 of 12 AJD Attachment 1 ") ") ") ") ") ") ") ! ! ! A-2 A-3 A-1 DP-7 DP-6 DP-5DP-4 DP-3 DP-2 DP-1 Paine Road 1 5 2 0 14 9 5 15 1 5 1 5 0 0 15 1 0 1 5 0 5 1490 15 2 5 149 0 15 1 5 1 5 1 5 1495 1 4 9 0 Legend Review Area Wetland ")Determination Point !Boundary Point MOA 5-ft Contours (2015) MOA-Mapped Stream Coordinate System: NAD 1983 State Plane Zone 4 ¹ Imagery: MOA 2015 Review Area HUNTER HEIGHTS SUBD. LOT 2MOA 0201512400061.0649°N 149.7130°W (NAD83)SEC 7, T11N, R2W, SMUSGS QUAD: ANCHORAGE A-8 Prepared by Hemlock Scientific, LLC 0 10050 Feet Wetland #10.006 acre (279 sqft)Type PEM1BPre l i m i n a r y January 19, 2023 POA-2022-00484 Figure 4 of 12 AJD Attachment 1 ~ ... ..., § NOTES: 1. AT THE TIME OF SURVEY. THE LOT IS VEGE TATED WITH BRUSH AND A FEW INDIVIDUAL TREES. 2. THIS DRAWING SH ALL NOT BE MODIFIED W ITHOUT TH E EXPRESSED WRITTEN CONSEN T OF LCG LANTECH. LEGEND : I·. .. GRAVE L I SPOT ELEVATION 33' I 33' 33' 30' 0 <{ 0 ex: >-<{ 3: V) <.9 z 52 .,,.--lS00.0' UTILITY POLE EG EX IST ING GROUND ELECTRIC TRANSFORMER COM/PHONE PEDESTAL CABLE TV PEDESTAL MINOR CONTOUR MAJOR CONTOUR O VERHEAD POWER DRAINAGE SWALE SAw-Te. ,------------------1 1 ________________ _ I I I I I I I I I I I I I I I I I I ___ 10' TELECOM AND ELECTRIC EASEMENT _ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LOT 1 t~In, ~. ~. 6ulW&Jin9, ORDERED BY: TINA SAWTE LLE w V) 0 ;; o 0 V) LOT3 250 H Street Anchorage, Alaska 99 501 Survey Department Phone: 562 -5291 Mainline Phone: 243-8985 AECC 668 LOT 2 49,246 S.F. I I I I I I I I ~ \~ I~ I~ I~ J.;j I~ I :. 18 I~ 0 a "' ,-..: 0 M Ji: "' 0 ;; o 0 z TRACT2 :<-'<-~ 00""0"--" ~ '<',-,,__,G ,-i,s,o ~Q~ c,0 ---UTILITY PEDESTALS 1 S19.7' EG SURVEY CERTIFICATION : LCG LANTECH, INC HAS COND UCTED A PHYSICAL SURVEY OF THE PROPERTY AS SHOWN ON THIS DRAWING AND CERTIFIES THAT THE IMPROVEMENTS SITUATED THEREON ARE WITHIN TH E PROPERTY UNES AND NO ENCROACHMENTS EXIST OTHER THAN NOTED OR SHOWN. EXCLUSION ARY NOTE: IT IS THE OWNERS' RESPONSIB ILITY TO DETERMINE THE EX15TENCE OF ANY EASEM ENTS, COVENANTS, RESTRICTIONS OR RIGHT-OF-WAY TAK INGS WHICH DO NOT APPEAR ON THE RECORDED SUBDIVIS ION PLAT. UNDER NO CIRCUMSTANCES SHOULD ANY DATA HEREON BE USED FOR CONSTRUCTION, FOR ESTABLISHING PROPERTY LINE S, OR FOR PLOT-PLAN PURPOSES. AS-BUILT ADDRESS: NHN PAINE ROAD PARCEL#: 0201S124000 LEGAL DESCRIPTION: LOTZ HUNTER HEIGHTS DRAWN DATE: 06/17/2022 WORK ORDER : 22014 DRAWN BY: ADS/AP/CS/SC PLAT: 2007-63 CHECKED BY: SC GRID: SW3442 SCALE : ,. = so· FB/PG: 823/3S REF: N/A Wetland January 19, 2023 POA-2022-00484 Figure 5 of 12 AJD Attachment 1 Byron D r Harwood Cir By ronDr N i c k l e e n S t Paine Rd Ro b er t D r Bre w s ter 's D r Littl e Ra b b i t C r e e k Paine Rd Br e wste r 's D r Kin g's Wa y Dr K e n a i T e r r a c e R d Br e w st e r 's D r Lit t l e Rabbi t C r e e k Br e ws t er's Dr Paine Rd Ki n g ' s W a y D r Br e w s t e r ' s D r U n n a m e d R d K e n a i T e r r a c e R d Ni c k l e e n S t Harwood Cir Unnamed Rd Paine RdPaine Rd Unnamed RdPaine Rd K i n g ' s W a y D r Bre w s t e r ' s D r R o b e r t D r Robert Dr Un n a m e d R d Byron Dr Ni c k l e e n S t Municipality of Anchorage Aerial 2021 with Contours (2015) Esri, USGS, FEMA, Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census 25 ft 5 ft Streets Streams OpenChannel Other Contours- 5ft 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 MOA GDIC Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | Esri, USGS, FEMA | RA Wetland January 19, 2023 POA-2022-00484 Figure 6 of 12 AJD Attachment 1 Lit t l e Ra bbi t Cree k Paine Rd Municipality of Anchorage Aerial 2006 Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Sources: Esri, Airbus Property Information 0 160 32080 ft 0 40 8020 m 1:2,451 MOA GDIC Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | Wetland January 19, 2023 POA-2022-00484 Figure 7 of 12 AJD Attachment 1 Municipality of Anchorage Aerial & Contours 2015 5 ft 1 ft Streets Property Information Streams OpenChannel Contours - 1ft 0 150 30075 ft 0 40 8020 m 1:2,257 MOA GDIC Wetland January 19, 2023 POA-2022-00484 Figure 8 of 12 AJD Attachment 1 Lit t l e Ra bbi t Cree k Paine Rd Municipality of Anchorage Aerial 2021 Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Sources: Esri, Airbus Property Information Streams OpenChannel 0 160 32080 ft 0 40 8020 m 1:2,451 MOA GDIC Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | Wetland January 19, 2023 POA-2022-00484 Figure 9 of 12 AJD Attachment 1 L i t t l e R a b b i t C re e k Lit tl e Rab bitCr ee k Paine Rd B r e w s t e r' s D r B r e w s t e r ' s D r B r e w s t e r ' s D r Municipality of Anchorage Aerial 2021 - with MoA Watershed Management Services Mapped Wetlands Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Sources: Esri, Airbus 25 ft 5 ft WMS Wetlands D - Undesignated Streets Property Information Streams OpenChannel Other Contours - 5ft 0 300 600150 ft 0 80 16040 m 1:4,514 MOA GDIC Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | Wetland January 19, 2023 POA-2022-00484 Figure 10 of 12 AJD Attachment 1 Pai ne R d K i n g ' s W a y D r K i n g ' s W a y D r Paine R d Municipality of Anchorage Aerial 2021 - with Contours (2015) Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Sources: Esri, Airbus 5 ft 1 ft WMS Wetlands D - Undesignated Streets Property Information Streams OpenChannel Contours - 1ft 0 75 15037.5 ft 0 20 4010 m 1:1,128 MOA GDIC Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | Wetland January 19, 2023 POA-2022-00484 Figure 11 of 12 AJD Attachment 1 Municipality of Anchorage Aerial 2021 - Non-Jurisdictional Wetland Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Sources: Esri, Airbus 5 ft 1 ft Property InformationContours - 1ft 0 30 6015 ft 0 10 205 m 1:564 MOA GDIC Kenai Peninsula Borough, Municipality of Anchorage, State of Alaska, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | Wetland January 19, 2023 POA-2022-00484 Figure 12 of 12 AJD Attachment 1 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): January 24, 2023 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Alaska District, POA-2022-00484 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: Alaska City: Anchorage Center coordinates of site (lat/long in degree decimal format): Lat. 61.0649 ° N., Long. 149.7130 °W. Name of nearest waterbody: unnamed tributary to Little Rabbit Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: N/A Name of watershed or Hydrologic Unit Code (HUC): 190204010701 ☒Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ☐Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different JD form D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ☒Office (Desk) Determination. Date: 1/5/2023 ☒Field Determination. Date(s): 6/24/2022 (draft field determination performed by Hemlock Scientific LLC on June 24, 2022 and July 4, 2022 and submitted to USACE on September 27, 2022) SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are and are not “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 ☐TNWs, including territorial seas ☐Wetlands adjacent to TNWs ☐Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs ☐Non-RPWs that flow directly or indirectly into TNWs ☐Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ☐Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ☐Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ☐Impoundments of jurisdictional waters ☐Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: N/A Wetlands: N/A 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally” (e.g., typically 3 months. POA-2022-00484 Page 1 of 9 AJD Form c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): N/A 2. Non-regulated waters/wetlands (check if applicable):3 ☒Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: A wetland delineation report was prepared by Pat Athey of Hemlock Scientific, LLC, dated July 21, 2022. The U.S. Army Corps of Engineers concurs with the conclusions of this delineation report that the 1.130-acre review area (RA) (the boundaries of Lot 2 in the Hunter Heights Subdivision) contains a 0.006-ac wetland. The wetland is a concave, depressional wetland located on a mountainside at a 10% slope. Based on the data sheets in the delineation, hydrophytic vegetation, hydric soils, and hydrology are all present in the 0.006-ac area near the southeast corner of the RA. However, no indication could be found of recent flow or jurisdictional hydrologic connection of the wetland to a WOUS. In a conversation with the consultant, he confirmed that there is not surface water flow or shallow subsurface flow from the wetland or connection to other waters. There appears to be a non-jurisdictional ditch on the north side of the neighbor’s property along Paine Rd that appears to go through a culvert under King’s Way Dr and connect to Little Rabbit Creek, but the contours indicate that any water movement from the wetland area would be to the west/northwest and dissipate in sheet flow into the neighbor’s yard with no connection to this ditch. None of the following three criteria for adjacency could be established: 1. The presence of an unbroken hydrologic connection to jurisdictional waters; 2. The presence of physical barriers between wetlands and jurisdictional waters (e.g., man-made dikes or barriers; natural river berms); or 3. Reasonably close physical proximity to jurisdictional waters that provides an ecological interconnection. Therefore, this is an isolated, intra-state, and non-navigable wetland that has no connection to interstate or foreign commerce. There is no evidence of a surface water connection or shallow, sub-surface water connection from this wetland to any water of the U.S. based upon observations made by the consultant during the wetland delineation, and there is no connectivity to other wetlands. Available mapping also indicates that topography isolates this wetland from the nearest relatively permanent water, Little Rabbit Creek, downslope from the wetland by 500 feet on the other side of a house, driveway, and road (with no culvert connecting them). Available mapping and the wetland delineation support this finding. See Sections III.F & IV.B. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: N/A Summarize rationale supporting determination: N/A 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is “adjacent”: N/A B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are “relatively permanent waters” (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally 3 Supporting documentation is presented in Section III F. POA-2022-00484 Page 2 of 9 AJD Form (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody 4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Average annual rainfall: Average annual snowfall: (ii) Physical Characteristics: (a) Relationship with TNW: ☐Tributary flows directly into TNW. ☐Tributary flows through tributaries before entering TNW. Project waters are river miles from TNW. Project waters are river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters are aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ☐ Natural ☐Artificial (man-made). Explain: ☐Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: Average depth: Average side slopes: Primary tributary substrate composition (check all that apply): ☐Silts ☐Sands ☐Concrete ☐Cobbles ☐Gravel ☐Muck 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. POA-2022-00484 Page 3 of 9 AJD Form ☐Bedrock ☐Vegetation. Type/% cover: ☐Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Characteristics: Subsurface flow: Explain findings: ☐Dye (or other) test performed: Tributary has (check all that apply): ☐Bed and banks ☐OHWM 6 (check all indicators that apply): ☐clear, natural line impressed on the bank ☐the presence of litter and debris ☐changes in the character of soil ☐destruction of terrestrial vegetation ☐shelving ☐the presence of wrack line ☐vegetation matted down, bent, or absent ☐sediment sorting ☐leaf litter disturbed or washed away ☐scour ☐sediment deposition ☐multiple observed or predicted flow events ☐water staining ☐abrupt change in plant community ☐other (list): ☐Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ☐High Tide Line indicated by: ☐Mean High Water Mark indicated by: ☐oil or scum line along shore objects ☐survey to available datum; ☐fine shell or debris deposits (foreshore) ☐physical markings; ☐physical markings/characteristics ☐vegetation lines/changes in vegetation types. ☐tidal gauges ☐other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ☐Riparian corridor. Characteristics (type, average width): ☐Wetland fringe. Characteristics: ☐Habitat for: ☐Federally Listed species. Explain findings: 6 A natural or man-made discontinuity in the OHWM does not necessarily server jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7 Ibid. POA-2022-00484 Page 4 of 9 AJD Form ☐Fish/spawn areas. Explain findings: ☐Other environmentally-sensitive species. Explain findings: ☐Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Choose an item. Explain: Surface flow is: Characteristics: Subsurface flow: Explain findings: ☐Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ☐Directly abutting ☐Not directly abutting ☐Discrete wetland hydrologic connection. Explain: ☐Ecological connection. Explain: ☐Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are river miles from TNW. Project waters are aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the floodplain. 00 (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ☐Riparian buffer. Characteristics (type, average width): ☐Vegetation type/percent cover. Explain: ☐Habitat for: ☐Federally Listed species. Explain findings: ☐Fish/spawn areas. Explain findings: ☐Other environmentally-sensitive species. Explain findings: ☐Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: POA-2022-00484 Page 5 of 9 AJD Form C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ☐TNWs: ☐Wetlands adjacent to TNWs: 2. RPWs that flow directly or indirectly into TNWs. ☐Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ☐Tributaries of TNW where tributaries have continuous flow “seasonally” (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ☐Tributary waters: ☐Other non-wetland waters: Identify type(s) of waters: POA-2022-00484 Page 6 of 9 AJD Form 3. Non-RPWs8 that flow directly or indirectly into TNWs. ☐Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ☐Tributary waters: ☐Other non-wetland waters: Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ☐Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ☐Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ☐Wetlands directly abutting an RPW where tributaries typically flow “seasonally.” Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ☐Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ☐Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ☐Demonstrate that impoundment was created from “waters of the U.S.,” or ☐Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ☐Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ☐which are or could be used by interstate or foreign travelers for recreational or other purposes. ☐from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ☐which are or could be used for industrial purposes by industries in interstate commerce. ☐Interstate isolated waters. Explain: ☐Other factors. Explain: 8 See Footnote #3. 9 To complete the analysis refer to the key in Section III D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Jurisdiction Following Rapanos. POA-2022-00484 Page 7 of 9 AJD Form Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ☐Tributary waters: ☐Other non-wetland waters: Identify type(s) of waters: ☐Wetlands: F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ☐If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ☒Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ☐Prior to the Jan 2001 Supreme Court decision in “SWANCC,” the review area would have been regulated based solely on the “Migratory Bird Rule” (MBR). ☐Waters do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction. Explain: ☐Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ☐Non-wetland waters (i.e., rivers, streams): ☐Lakes/ponds: ☐Other non-wetland waters: List type of aquatic resource: ☐Wetlands: Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction (check all that apply): ☐Non-wetland waters (i.e., rivers, streams): ☐Lakes/ponds: ☐Other non-wetland waters: List type of aquatic resource: ☐Wetlands: SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ☒Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: prepared by the consultant, Pat Athney of Hemlock Scientific LLC, on behalf of Tina Sawtelle ☒Data sheets prepared/submitted by or on behalf of the applicant/consultant. ☒Office concurs with conclusions of the data sheets/delineation report; however, we have determined that the wetland is non-jurisdictional. ☐Office does not concur with data sheets/delineation report. ☐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. ☐Alaska District’s Approved List of Navigable Waters ☐U.S. Geological Survey map(s). Cite scale & quad name: ☐USDA Natural Resources Conservation Service Soil Survey. Citation: ☒National wetlands inventory map(s). Cite name: Online mapper ☒State/Local wetland inventory map(s): Municipality of Anchorage Watershed Management Services Mapped Wetlands ☐FEMA/FIRM maps: ☐100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) POA-2022-00484 Page 8 of 9 AJD Form ☒Photographs: ☒Aerial (Name & Date): GoogleEarth Pro (all historic available), Municipality of Anchorage aerials on the MOA MapIt! program (2006, 2015, 2021), aerials provided in the wetland delineation or ☒Other (Name & Date): Site photos in delineation dated 6/24/2022 & 7/4/2022 ☐Previous determination(s). File no. and date of response letter: ☐Applicable/supporting case law: ☐Applicable/supporting scientific literature: ☒Other information (please specify): 2015 Contour lines available on the Muni mapper (MOA MapIt!) B. ADDITIONAL COMMENTS TO SUPPORT JD: The wetland is a 0.006-ac, concave, depressional wetland located on a mountainside at a 10% slope. After reviewing historic aerials, it appears that review area (RA) was cleared and graded sometime between 2004 and 2006. It also appears that prior to the grading and clearing of the RA, that a very large cross slope drainage ditch (25-ft wide, 10-ft deep, and over 1,000-ft long) was constructed 750 feet upslope, presumably to dewater the RA and adjacent parcels for development. There is some indication on old aerials that there has been water flow on the RA in the past with a small rill across the wetland delineation site as seen on a Spring 2015 aerial; however, it was likely from snowmelt. There has been much more vegetation regrowth since 2015, and no indication could be found of recent flow or jurisdictional hydrologic connection of the wetland to a WOUS. In a conversation with the consultant, he confirmed that there is not surface water flow or shallow subsurface flow from the wetland or connection to other waters. There appears to be a ditch on the north side of the neighbor’s property along Paine Rd that appears to go through a culvert under King’s Way Dr and connect to Little Rabbit Creek, but the contours indicate that any water movement from the wetland area would be to the west/northwest and dissipate in sheet flow into the neighbor’s yard with no connection to this ditch. Review of aerials, data sheets, and site photos support our determination that the wetland is non-jurisdictional. __________________________________________________ ______________________ Heather Markway Date Project Manager South Section 24 January 2023 POA-2022-00484 Page 9 of 9 AJD Form NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Martine C. Sawtelle File Number: POA-2022-00484 Date: February 16, 2023 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rig hts to appeal the permit, including its terms and conditions, and a pproved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your righ t to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the perm it. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Heather Markway, PM Alaska District Corps of Engineers CEPOA-RD-S P.O. Box 6898 JBER, AK 99506-0898 (907) 753-2797 If you only have questions regarding the appeal process you may also contact: Ms. Kate Bliss Regulatory Program Manager U.S. Army Corps of Engineers, Pacific Ocean Division CEPOD-PDC, Bldg 525 Fort Shafter, HI 96858-5440 (808) 835-4626 kate.m.bliss@usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. _______________________________ Signature of appellant or agent. Date: Telephone number: