20081355 Ver 1_Application_20080904

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY
GoV[ RNOR
PO BOX 3279, ASHEVILLE, NC 28802
September 2, 2008
Mr David Baker
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject Nationwide Permit #14
LYNDO TIPPETT
SHCRLr\RY
08Y355
SR 1318, Charlie Deyton Road
State Project No 13C 100065(DWQ Minor Permit Fee $240)
Yancey County, NC
Dear Mr Baker
I have enclosed a straight-line diagram with erosion control plan, a PCN application for
NWP #14, and a vicinity map relative to the proposed project on SR 1318, Charlie
Deyton Road, Yancey County, NC
Charlie Deyton Road is currently a 10-12 feet wide gravel road Division of Highways
plans to pave the road 18 feet wide and increase the typical section Grading will be
light
We propose to replace one existing culvert on an UT to Brush (Bush) Creek Total
culvert extensions will be 10 linear feet with a temporary impervious dike for dewatering
during installation No stream relocation will be performed for the project Existing
channel morphology will be maintained upstream and downstream of the culvert The
culvert will be placed below existing streambed elevation Riparian vegetation will be
reestablished along disturbed areas associated with the culvert extension Stormwater
will be diverted through grass-lined ditches or vegetated buffers prior to entering streams
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No effect on federally listed species (threatened or endangered) or their habitats is
anticipated
Mr David Baker
Page -2 SR 1318, Yancey County
September 2 2008
As a part of the 401 Certification process a copy of the application will be forwarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a)
By copy of this letter, we request David McHenry, North Carolina Wildlife Resources
Commission Coordinator to comment directly to the Corps concerning the permit
request
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project Temporary encroachment into the buffer zone of the UT
will be required for the following stations 11+79 to 12+79, 13+50, and 49+00 to 56+00
The stream is classified as trout A buffer variance will be required
By copy of this letter, I am forwarding four (4) copies of the application package to Brian
Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to Mike
Parker, NC DWQ Asheville Regional Office for review and comment Please charge the
application processing fee of $240 00 to WBS element # 13C 100065 Please forward
comments directly to the Corps with copy to Division 13 Environmental Officer
Your earliest consideration for this request would be greatly appreciated If you have any
questions or information needs, please contact me at [phone]
Sincerely,
Yates Allen
Division 13 Environmental Specialist
Enclosures
cc J J Swain, Jr, P E
J H Moore, P E
Ed Ingle, CPESC
David McHenry
Brian Wrenn
Mike Parker
Corps Submittal Cover Sheet
Please provide the following info
1 Project Name SR 1318 Charlie De ton Road
2 Name of Property Owner/Applicant NC DOT
3 Name of Consultant/Agent
* \P-Cnt authorization nccds to be attached
4 Related/Previous Action ID number(s)
5 Site Address N/A
6 Subdivision Name
7 City
To
8 County -Yancey
9 Lat 35 98950 Long 82 23444 (Decimal Degrees Please )
10 Quadrangle Name Micaville
1 1 Waterway UT to Brush Creek
12 Watershed Nolichuck
13 Requested Action
X Nationwide Permit # 14
General Permit #
Jurisdictional Determination Request
Pre-Application Request
------------------------------------------------------------------------------------------------------------------
The following information will be completed by Corps office
AID
Prepare File Folder Assign number in ORM Begin Date
Authorization Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose
Site/Waters Name
Keywords
Office Use Only:
Norm V,.rsion %larLh 05
USACE Action ID No. DWQ No. 2 0 0 8 1 3 5 5
(if any particular item is not applicable to this project please enter "Not Applicable" or "N/A" )
1. Processing
1 Check all of the approval(s) requested for this project
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2 Nationwide, Regional or General Permit Number(s) Requested NWP 14
3 If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here ?
4 If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP complete section VIII.
and check here ?
5 If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ?
If. Applicant Information
Owner/Applicant Information
Name J J Swain Jr P E Division Engineer
Mailing Address NC Department of Transportation
P O Box 3279
Asheville NC 28802
Telephone Number 828-251-6171 Fax Number 828-251-6394
E-mail Address rdbryanancdot gov
2 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant ) N/A
Name
Company Affiliation
Mailing Address
Telephone Number
E-mail Address
Fax Number
Page I of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns rivers and roads Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties Both the vicinitN map
and site plan must include a scale and north arrow The specific footprints of all buildin gs
impervious surfaces, or other facilities must be included If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined Plan drawings, or other maps may be included at the applicant's discretion.
so long as the property is clearly defined For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I 1 by 17-inch format,
however. DWQ may accept paperwork of any size DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided
1 Name of project SR 1318, Charlie Deyton Road
2 T I P Project Number or State Project Number (NCDOT Only) 13C 100065
3 Property Identification Number (Tax PIN) N/A
4 Location
County Yancey Nearest Town Toledo
Subdivision name (include phase/lot number) N/A
Directions to site (include road numbers/names, landmarks, etc) From NC 197, turn right
on SR 1308 Proceed approximately 0 25 mile and turn right onto SR 1317 Drive roughly 1
mile and turn right onto SR 1318
5 Site coordinates (For linear projects, such as a road or utility line attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody )
Decimal Degrees (6 digits minimum)
35 98950° N 82 23444° W
6 Property size (acres) 4 75-Acres
7 Name of nearest receiving body of water UT to Brush (Bush) Creek (Class C-Trout)
8 River Basin French Broad
(Note - this must be one of North Carolina's seventeen designated mayor riper basins The
River Basin map is available at http //h2o enr state nc us/admin/maps/ )
9 Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application The site is an existing gravel road Surrounding properties
are farmland, pasture forestland and very low density residential
Page 2 of 9
10 Describe the overall project in detail including the type of equipment to be used We
propose to grade drain base, pave and install erosion control measures for SR 1318 Charlie
Deyton Road The equipment to be utilized includes an excavator backhoe and trucks
I 1 Explain the purpose of the proposed work We propose to grade drain base pave and install
erosion control measures for SR 1318 We propose to replace an existing 30 pipe with a 40'
pipe The additional pipe is necessary to widen the road to the required typical section A
small impervious dike will be constructed for dewaterma during pipe extension Total
culvert extensions will be 10 linear feet The culvert will be installed to insure aquatic life
passage within the streams
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please e\plam Include
the USACE Action ID Number, DWQ Project Number application date and date permits and
certifications were issued or withdrawn Provide photocopies of previously issued permits,
certifications or other useful information Describe previously approved wetland stream and
buffer impacts, along with associated mitigation (where applicable) If this is a NCDOT project,
list and describe permits issued for prior segments of the same T I P project, along with
construction schedules N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work.
and provide justification for the exclusion of this work from the current application
No no future mans
V1. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project Each impact must be
listed separately in the tables below (e g , culvert installation should be listed separately trom
riprap dissipater pads) Be sure to indicate if an impact is temporary All proposed impacts.
permanent and temporary, must be listed and must be labeled and clearly identifiable on an
accompanying site plan All wetlands and waters and all streams (intermittent and perennial)
should be shown on a delineation map whether or not impacts are proposed to these systems
Wetland and stream evaluation and delineation forms should be included as appropriate
Photographs may be included at the applicant's discretion If this proposed impact is strictIN for
wetland or stream mitigation, list and describe the impact in Section VIII below If additional
space is needed for listing or description please attach a separate sheet
Page 3 of 9
I Provide a written description of the proposed impacts We propose to replace one (1) pipe
culvert on an UT to Brush (Bush) Creek Total culvert extension will be 10 linear feet
2 Individually list wetland impacts Types of impacts include but are not limited to
mechanized clearing grading fill excavation, flooding ditching/drainage etc For dams
separately list impacts due to both structure and flooding
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e torested, marsh,

herbaceous bog, etc) Located within

100-year
Floodplain
(yes/no) Distance to

Nearest
Stream
(linear feet) Area of

Impact
(acres)
N/A

Total Wetland Impact (acres) N/A
3 List the total acreage (estimated) of all existing wetlands on the property 0 0
4 Individually list all intermittent and perennial stream impacts Be sure to identify temporary
impacts Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding relocation, stabilization activities (e g , cement walls, rip-rap crib
walls, gabions, etc ), excavation, ditching/straightening, etc If stream relocation is proposed.
plans and profiles showing the linear footprint for both the original and relocated streams
must be included To calculate acreage, multiply length X width, then divide by 43 560
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or

Intermittent Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Site 1 (18+76) UT to Brush Creek Pipe Culvert Perennial 1 10 000023
Site 1 (18+76) UT to Brush Creek Temp Dewatering Perennial 1 60 000138

Page 4 of 9
I Total Stream Impact (by length and acreage) 70' 00
0161
5 Individually list all open water impacts (including lakes ponds, estuaries. sounds Atlantic
Ocean and any other water of the U S ) Open water impacts include. but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Site Number

ndicate on ma
( P)

at
of body
(it Name ap p
plicabblele) )

ype of Impact Type of Waterbod-,

lake, pond, estuary, sound bay,

ocean etc) Area of

mpact

(acres)
N/A

Total Open Water Impact (acres) N'A
6 List the cumulative impact to all Waters of the U S resulting from the project
Stream Impact (acres) 0.00161
Wetland Impact (acres) 0.0
Open Water Impact (acres) 0.0
Total Impact to Waters of the U S (acres) 0.00161
Total Temporary Stream Impact (linear feet) 60
Total Permanent Stream Impact (linear feet) 10
7 Isolated Waters
Do any isolated waters exist on the property9 ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet) Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE
8 Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections Also, the proposed pond should
be described here and illustrated on any maps included with this application
Pond to be created in (check all that apply) ? uplands ? stream ? wetlands
Describe the method of construction (e g , dam/embankment, excavation. installation of
draw-down valve or spillway, etc )
Proposed use or purpose of pond (e g livestock watering. irrigation, aesthetic,
local stormwater requirement, etc )
Current land use in the vicinity of the pond
Size of watershed draining to pond Expected pond surface area _
trout pond
Page 5 of 9
VIL Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts It may be useful to provide
information related to site constraints such as topography building ordinances. accessibilit} and
financial viability of the project The applicant may attach drawings of alternative. lower-impact
site layouts and explain why these design options were not feasible Also discuss how impacts
were minimized once the desired site plan was developed If applicable discuss construction
techniques to be followed during construction to reduce impacts The existing secondary road
must be improved to meet current safety standards for paved roads The pipe extension
requested is the minimum necessary to establish an appropriate typical section for the roadway
Riparian vegetation will be established on disturbed areas associated with the project
construction
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed Examples of mitigation that may be appropriate and practicable include,
but are not limited to reducing the size of the project, establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams, and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing or preserving similar
functions and values, preferable in the same watershed
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete
An applicant may also choose to review the current guidelines for stream restoration in DWQ s
Draft Technical Guide for Stream Work in North Carolina available at
http //h2o eni state nc us/ncwetlands/strmgide html
Provide a brief description of the proposed mitigation plan The description should provide
as much information as possible, including but not limited to site location (attach directions
and/or map if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation) a plan v iew
preservation mechanism (e g , deed restrictions, conservation easement. etc ). and a
description of the current site conditions and proposed method of construction Please attach
a separate sheet if more space is needed
Page 6 of 9
We do not feel that mitigation is warranted due to the minimal impacts of the pipe culvert
extension Additionally, paving of the roadway should eliminate sedimentation from fines
associated with gravel roadway and provide a vegetated shoulder to buffer runoff
If required we propose to utilize the Ecosystem Enhancement Program (EEP) for the
mitigation requirements for the proposed impacts NCDOT will be coordinating with the
EEP to obtain the appropriate mitigation credits if required
2 Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http //h2o enr state nc us/wip/index htm If use of the NCEEP is proposed please
check the appropriate box on page five and provide the following information
Amount of stream mitigation requested (linear feet)
Amount of buffer mitigation requested (square feet)
Amount of Riparian wetland mitigation requested (acres) _
Amount of Non-riparian wetland mitigation requested (acres)
Amount of Coastal wetland mitigation requested (acres)
IX. Environmental Documentation (required by DWQ)
1 Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land9 Yes ® No ?
2 If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)"
Note If you are not sure whether a NEPA/SEPA document is required call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation
Yes ? No
3 If yes, has the document review been finalized by the State Clearinghouse') If so, please
attach a copy of the NEPA or SEPA final approval letter Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) - N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project The applicant must also provide
justification for these impacts in Section VII above All proposed impacts must be listed herein
and must be clearly identifiable on the accompanying site plan All buffers must be shown on a
map whether or not impacts are proposed to the buffers Correspondence from the DVS Q
Regional Office may be included as appropriate Photographs may also be included at the
applicant's discretion
Page 7 of 9
I Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233
(Neuse) 15A NCAC 2B 0259 (Tar-Pamlico) 15A NCAC 02B 0243 (Catawba) 15A NCAC
2B 0250 (Randleman Rules and Water Supply Buffer Requirements) or other (please
identify )" Yes ? No
2 If "yes' , identity the square feet and acreage of impact to each zone of the riparian buffers
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers
Zone* Impact Multiplier Required
(square feet) Mitigation
l 3 (2 for Catawba)
2 15
Total
* Zone. I e\tLnds out 30 feet pLrptndiLular from the top of t4 near bank of channel Zone, 2 c\tLnd,, an
additional 20 feet from the edge of Zone I
3 If buffer mitigation is required, please discuss what type of mitigation is proposed (i e
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund) Please attach all appropriate information as identified
within 15A NCAC 2B 0242 or 0244, or 0260
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level The existing compacted gravel roadway acts as
an impervious surface Paving of the _roadway should eliminate sedimentation from fines
associated with gravel surface treatment The roadway surface will be 40% of right of Aay
acreage Stormwater will be diverted through settling basins or grass lined buffers prior to
entering the streams
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project. or available capacity of the subject facilit}
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) or any Buffer Rules`'
Yes ? No
Page 8 of 9
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality9 Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http //h2o eni state nc us/ncwetlands If no, please provide a short narrative description
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e g, draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control)
With regard to hazardous spill basins the road is not classified as an arterial route therefore
hazardous spill basins are not required

1% Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided )
Page 9 of 9
APPROVED JURISDICTIONAL DETERMINATION FORM
U S Armv Corps of Engineers
I his form should be (.ompkted by toIlowine the, instructions pro%ided in Section IV of the. ID Form Instructional Guidebook
SECTION 1 BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD)
B DISTRICT OFFICE, FILE NAME, AND NUMBER
C PROJECT LOCATION AND BACKGROUND INFORMATION
State NC Count) /parish/borough Yancev Citv Toledo
Center coordinate s of site (lat/long in degree decimal format) Lat 3598950'N Long 8223444'W
Universal TransVerSe Mercator
Name, of nearest waterbodv U I to Brush Creek
Name of nearest Fraditional Navigable Water(TNW) into which the aquatic resource flows North Tor, River
Name of watershed or Hvdrologie Unit Code (HUC) 06010108
® Check it map/diagram of review area and/or potential jurisdictional areas is/are available upon request
? Check of other sacs (e g oftsrte 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)
? 01fiee (Desk) Dctermnation Date
® FILId Determination Date(s) 7/21/08
SECTION 11 SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
I here Ai o navigable uaters of t{ie U S within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
® Waters subject to the ebb and Flow of the tide
Waters are presently used or have been used in the past or may be susceptible for use to transport interstate or foreign commerce
1 plain
B CWA SECTION 404 DETERMINATION OF JURISDICTION
T here Are uateus ofthe US within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Requited]
I Waters of the U S
a Indicate presence of waters of U S to review area (check all that apply)
? TNWs including territorial seas
El Wetland, adjacent to TNWs
O Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or mchrectly into INWs
El Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow durectiv or mchrectly into TNWs
0 Wetlands adjacent to non-RPWs that flow directly or indirectly into INWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters including isolated wetlands
b Identify (estimate) size of waters of the U S to the review area
Non-wetland waters 601mcar feet I width (ft) and/or acres
Wetlands acres
c Limits (boundaries) of jurisdiction based on Es1tu6lisW&by00WM.
Elevation of established OHWM (it known)
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 junsdietional
L\plam
13orcS checked below shall be supported by completing the appropriate sections in Section I I I below
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)
Supporting doeumcntauon is presented in Section 111 F
SECTION 111 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 111 A 1 and Section III D I onlv, if the aquatic resource is a wetland adjacent to a TNW, complete Sections 111 A I and 2
and Section 111 D I , otherwise, see Section 111 B below
1 TNW
Identify INW
Sunimarl/c rationale supporting dctcrmmation
2 Wetland adjacent to TNW
Summaricc rationale supporting conclusion that wetland is adlaLLnt
B CHARACTERISTICS OF TRIBUTARI (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 (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 vear-round
(perennial) flow, skip to Section 111 D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section Ili 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° 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 111 B I 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 111 C below
Characteristics of non-TNWs that flow directly or indirectly into TNW
(1) General Area Conditions_
Watcrshcd svc Pick List
Drainage area Pick List
Average annual rainfall inches
Average annual snowfall inches
(n) Physical Characteristics
(a) Relationship with 1NW
? 1 ributdrV flows dlfectl1 into TNW
? I ributa" flows through P,Jick,List tributaries before, entering T- NW
Project eaters are Pick List river miles from I NW
Prolcct waters are PicklE.iist river miles from RPW
Project waters arc Pick List aerial (straight) miles from "1NW
Projcu waters are Pick List aerial (straight) miles from RPW
Project waters cross or serve as state boundaries [\plain
Identifh floe route to [NW'
Tributary stream order if known
' Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and
W cst
F low route can be described b), Identitving e g tributary a which flows through the review area to flow into tributary b which then flows into TNW
(b) Gcncral Tnbutan CharactenStaes (check all that apply)
Tributary is ? Natural
? Artificial (man-made) Explam
? Manipulated (man-altered) Explam
Tributarv properties with respcct to top of bank (estimate)
A%eragc width tect
Ayeragc depth tcet
Average side slopes Pick' List
Primary tnbutarv substrate composition (check all that apply)
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation Type/%Lover
? Other Etplain
I nbutarv condition/stability [e g highly eroding sloughing banks] h\plann
PrcSence of run/rdI1e/pool complexcS hxplam
Tnbutan geometry Ptek List
Tnbutan gradient (approximate average slope) %
(c) Flow
I nbutary provides for Plck L t
Estimate average number of flow events in review arca/year Piekt
Describe flow regime
Other information on duration and volume
Surface flow is Pick Last Characteristics
Subsurface flow P cli.Lst Explain findings
? Dye. (or other) test performed
Tnbutan has (check all that apply)
? Bed and banks
? OHWM) (check all indicators that applv)
? 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
? leat litter disturbed or washed awav ? Scour
? sediment deposition ? multiple observed or predicted flow events
? water staining ? abrupt change in plant community
? other (list)
? DIS onttnuoUS OHWM 7 Explam
It factors other than the OHWM were used to determi ne lateral extent of CWA jurisdiction (check all that apply )
? High Tldc Erne indicated by ® Mean High Water Mark indicated by
? oil or SLUM 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)
(m) Chemical Characteristics
Characterin, tributary (e g water color is clear discolored oily film water quality general watershed charactcnstacS etc )
Explain
Idcntifv Speufie pollutants it known
`A natural or man-made disconunuuv in the OHW M does not necessarily sever jurisdiction (e g where the stream temporarily flows underground or where
the Of I W M has been removed by development or agricultural practices) Where there is a break in the OH W M that is unrelated to the waterbodv s flow
regime (e g now o),er a rock outcrop or through a culvert) the agencies will look for indicators of flow above and below the break
'Ibid
(iv) Biological Characteristics Channel supports (check all that apply)
? Riparian corridor Characteristics (type average width)
%kctland fringe Characteri,tics
?
? Habitat for
? I ederalh Listed speuc, Fxplam findings
? I ish/spawn areas Lxplam findings
? Othcrcmironmcntall\ -,Lnsltivc SPLUes Lxplain findings
? \quatich%ildhfc di\er,n\ Fxplain findings
2 Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(1) Physical Characteristics
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland t\pc Lxplam
Wetland quality Explain
Project wetlands cross or Serve as state boundaries Explain
(b) General Flow Relationship with Non-TNW
Floe is Ptck,List Lxplam
Surface flow is PiRist
C haraeteristic,
Subsurtaee flow Pick List Explain findings
? D,. c (or other) test performed
(c) kletland Adiacencv Determination with Non- ITIW
? Directly abutting
? Not directly abutting
? Dl,erete wetland hydrologic connection Explain
? Ecological connection Explain
? Separated by berm/barrier Explain
(d) Proximity (Relationship) to rNW
Project wetlands are PA List river miles from rNW
Project waters arc;. ?PiekWaerial (straight) miles from TNW
Flow is from lkckL st
Estlmatc approximate location of wetland as within the kick List floodplain
(u) Chemical Characteristics
Characterize wetland system (e g water color is clear brown oil film on surtaee water quality general watershed
characteri,ties etc ) Explain
Identifh speutic pollutants if known
(III) Biological Characteristics Wetland supports (check all that apply)
? Riparian bufftr Charaetenstics (type average, width)
V cgetanon ttipe/percent cover Explain
?
? I labitat for
? Federalk Listed species Explain findings
? Fish/spawn areas Explain findings
? Other LnvironmcntalIN-sensitive species Explain findings
? -aquaueh%ildhtc diversity Explain findings
3 Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulame analysis KIdictist
Approximately ( ) acres in total are being considered in the cumulative analvsis
I or each wetland SpcuIN the following
Dircctl% abut,, ' (Y/N) Site (in acres) Dircct]N abuts' (Y/N) SILL (m acres)
Summarize o%erall biological chemical and physical functions being performed
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 integritv
of a TNW For each of the following situations, a significant nexus exists if the tributary, in combination w ith 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 Rapaitos Guidance and
discussed in the Instructional Guidebook Factors to consider include, for example
• DOLS the tributarn in combination with its adjacent wetlands (it anv) have the capacity to care pollutants or flood eaters to
I N Ws or to reduce the amount of pollutants or flood eaters reaching a TNW''
• Doc,, the tributan in combination with its adjacent wetlands (it any) provide habitat and lite(.)cle support functions for fish and
other speueS such as feeding nesting spawning or rearing young for species that are present in the INW°
• DOLS the tributar\ in combination with its adjacent wetlands (it any) have the capacity to transfer nutrients and organic carbon that
support downstream toodwebs'
• Does the tributan in combination with its adjacent wetlands (if any) have other relationships to the phvsical chetmeal 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
I Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs E\plain
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 E\plam findings of presence or absence of significant nc\us below based on the, tributarN 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 Fsplam findings of
presence or absenco of significant nc\uS 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 APPLI )
1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
® TN Ws linear feet width (tt) Or acres
0 Wetlands adjacent to TNWs acres
RPWs that flow directly or indirectly into TNWs
® Tributaries of 1NWs where tributaries typically flow year-round are jurisdictional Provide data and rationale, indicating that
tributary is perennial Stream has prominent high water mark and aquatic Insects present
E3 T ributaries of IT1W where tributaries have continuous flow seasonally (c g typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows
seasonal Iv
Provide cstimatcs for jurisdictional waters in the rev icw area (check all that apply )
® tributary waters 60 Imcar fcct iwidth (It)
? Other non-wetland waters acres
Identity type(,) of waters
3 Non-RPWss that flow directly or indirectly into TNWs
? Waterbody that is not a TNW or an RPW but flow, directly or indirectly into a TNW and it has a significant ncxuS with a
TNW is jurisdictional Data support ing this conclusion is provided at Section III C
Provide estimates for jurisdictional waters within the rev icw area (check all that apply)
I ributary waters Imcar feet w idth (tt)
? Other non-wetland waters acres
Identity 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 }ear-round Provide data and rationale
indicating that tributarv is perennial in Section I I I 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 acres
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 similarlv situated adjacent wetlands have a significant nexus with a TNW are jurisidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for jurisdictional wetlands in the review area acres
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 acres
7 Impoundments of, jurisdictional waters
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
? Dcmonstratc that water is isolated with a nexus to commerce (see E below)
E ISOLATED INTERSTATE OR iNTRA-STATE1 WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANN
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
Identify water body and summarize rationale supporting determination
"See Footnote # 3
ro complete the analysis refer to the key in Section 111 D 6 of the Instructional Guidebook
Prior to asserting or declining CR A jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
re,.iew consistent with the process described in the Corps/EPA Memorandum Regarding CWA Oct Jurisdiction Following Rapanos
Provide esti mates for jurisdictional eaters in the re%iLvy area (check all that apply)
? tributary wattrs linear feet width (ft)
? Othtr non-wetland wattrs acres
Ident i ty tvpc(,,) of waters
? Wttlands acres
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLN )
? It potential wetlands were assessed within the review area these areas did not meet the Criteria in the 1987 Corps of I ngmecr,,
Wetland Dclmtation Manual and/or appropriate Regional Supplements
? Review area mcludtd isolated waters with no substantial ncvuti to interstate (or foreign) commtrcc
? Prior to the Jan 2001 Supreme Court dcusion in Sit INCC the review area would have been regulated based solely on the
Migratorv Bird Rule (MBR)
? Waters do not meet the. Significant Nevus standard where such a finding is required for jurisdiction Evplam
? Other (etplain it not covered above)
Provide acreage L,timates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the. rvIBR
tac[ors (i e presence of migratorv bird% prt,,ence of endangered species use of water for irrigated agriculture.) using best profcs,,ional
judgment (check all that apph)
? Non-wetland waters (i e rivers streams) linear feet width (ft)
? Lakes/ponds acres
? Other non-wetland waters acres List type of aquatic. resource,
? Wetlands acres
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the Significant Nevus standard where, such
a finding is required for jurisdiction (check all that apply)
? Non-wetland waters (i e rivers streams) linear feet width (ft)
? Lakes/ponds acres
? Other non-wetland waters acres List tvpe of aquatic resource
? Wetlands acres
SECTION IV DATA SOURCES
A SUPPORTING DATA Data reviewed for JD (check all that apply - checked items shall bt included in case file and where checked
and requested appropriately reterente sources below)
0 Maps plans plot,, or plat submitted by or on behalf of the applitandtonsultant
? Data sheets prepared/submitted by or on behalf of the applicant/consultant
? Otticc conuirs with data sheets/delineation report
? Office dot,, not concur with data sheets/delineation report
? Data sheets prepared by the Corp,,
? Corps navigable waters study
? U S Geological Survev Hydrologic Atlas
? USGS NHD data
? USGS 8 and 12 digit HUC maps
U S Geological Survey map(s) Cite stale & quad name 1 24000 Micaville Quadrangle
USDA Natural Resource,, Conservation Service Soil Survev Citation
? National wetlands inventory map(s) Crtt name
Q State/Local wetland mventory map(s)
FEMA/F IRM map,,
? 100-year F loodplain Elevation is (National Geodettit Vertical Datum of 1929)
® Photographs ? Aerial (Name & Date)
or ® Other (Name & Date) Stream photos in NWP Application 7/21/2008
? Previous dctermmation(s) File no and date of response letter
? Apphtable/supporting case law
? Applicable/supporting scientific literature
[] Other information (please specify)
B ADDITIONAL COMMENTS TO SUPPORT JD
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT: SR 1318 Charlie Deyton Rd.
LOCATION: From SR 1317 To Survey Sta. 56+00
WORK TYPE: Grade, Drain, Base & Pave
WORK ORDER: PRIORITY : Rural. # 7
COUNTY: Yancey TOWNSHIP: Brush Creek
DATE: 4-16-08 SCALE: 1'9=50'
NOTES: R/W 45'
LENGTH: 4,600 =.87 mi.
PREPARED BY:JSA/JPR/JMD
ci
Page 1 of 1
? 141
PIPE DATA SR 1?6 Charlie De ton Rd.
County:
Yancey WORK ORDER :
STATION PRESENT
SIZE PROPOSED
SIZE NOTES
10+34 35'x15"CMP 40'x18" CMP Cross Pipe/ Rep
13+55 50'x24"CMP Cross Pipe
13+77 20'x15' CMP Prop Drive Pipe
16+67 70'x 15" CMP Prop Drive Pipe
18+00 40'x24"CMP Cross Pipe
18+76 30'x18"CMP 40'x18' CMP Cross Pipe/ Ext 10'
26+10 30'x15' CMP 40'x18" CMP Cross Pipe/ Rep
31+20 30'x15" CMP Prop Drive Pipe
35+00 40'x18" CMP Prop Cross Pipe
37+19 70'x15" CMP Prop Dnve Pipe
38+41 20'x15" CMP Prop Drive Pipe
48+47 30'x15" CMP 50'x18" CMP Cross Pipe/ Ext 20'
50+62 30'x15" CMP Drive Pipe
53+18 20'x15" HDPE Drive Pipe
55+28 30'x36" CMP Drive Pipe
55+40 40'x18" CMP Prop Cross Pipe

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Page 1 of 1
POLE DATA
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Name MICAVILLE
Date 7/21/2008
Scale 1 inch equals 1000 feet
Location 035 9904771 ° N 082 2395441 0 W
Caption SR 1318/Charlie Deyton Road
Yancey County, NC
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