20110579 Ver 1_Application_20110617

STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ?`?q??`,v
BEVERLY EAVES PERDUE EUGENE A_ CONTI, JR.
GOVERNOR SECRETARY
June 14, 2011
Ms. Lori Beckwith, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers 5 7 9
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 2501 Kingdom Place
Henderson County
State Project # 14C.045068 (DWQ Minor Permit Fee $240)
Dear Ms. Beckwith:
The North Carolina Department of Transportation (NCDOT) is proposing to widen,'grade, drain
and pave SR 2501, Kingdom Place, near Tuxedo in Henderson County for a distance of 3315
feet. This proposal entails widening and paving the existing gravel road to a standard 18-foot
roadway. Kingdom Place is a secondary gravel road, which conveys local traffic.
I am enclosing a typical section of the road, drawings for pipe culvert replacements, photographs,
a marked county map and a USGS quad map.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of threatened or endangered species for the Davis
Creek watershed. Additionally, there are no records listed for the adjacent watersheds, Jones
Creek and Bobs Creek. There are no records downstream in the Green River within five miles of
the project site. The unnamed tributary of Davis Creek is 2-3 feet in width and Davis Creek is
approximately 5-6 feet in width. The streams are too small to support mussels. The impacts from
two culvert replacements should be minimal.
The best management practices will be used to minimize and control sedimentation and erosion on.
this project. Water will be pumped around the work area to minimize erosion and sedimentation
from the pipe trench. The construction foreman will review all sedimentation control measures
during installation to ensure sedimentation is controlled effectively. If the planned devices are not
functioning as intended, they will be replaced immediately with better devices. The sedimentation
SR 2501 Kingdom Place 2
control devices will be in place prior to pipe culvert removal and remain in place until the new
pipe is in place.
Impacts to Waters of the United States
Davis Creek (DWQ Class: B Tr) is shown on the USGS topographic map as a perennial stream
and has sufficient flow to support fish and other aquatic life. The unnamed tributary of Davis
Creek (Site 2) is not shown as a perennial stream on the USGS topographic map. The unnamed
tributary is approximately 2-3 feet in width with a well-defined channel and has a sand and gravel
substrate. The channel lacks vegetation. The unnamed tributary supports snails; crayfish,
salamanders and caddisflies. The unnamed tributary flows approximately 1200 feet to Davis
Creek. Davis Creek flows approximately 1.6 miles to Lake Summit. Lake Summit meets the
definition of a Traditional Navigable Water. For these reasons, we believe that the streams are
Relatively Permanent Water and are under the jurisdiction of the U.S. Amry Corps of Engineers.
In order to replace the culverts, it will be necessary to impact waters of the United States in the
Broad River Basin. Specifically, NCDOT is requesting to replace and/or extend one metal culvert
in Davis Creek and one in an unnamed tributary to Davis Creek. Listed below is a summary of
the proposed impacts.
Site No. Existing Condition Proposed Condition Net Impacts
Site 1 20'x 54" CMP 50' x 90" Arch 30'
Site IA Free Flowing Channel Flow Diversion 75'
Site 2 (2)15'x 15" CMP 40' x 36" Arch 25'
Site 2A Free Flowing Channel Flow Diversion 65'
Temporary Impact for Dikes and Flow Diversion in Linear Feet 140
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act for the
construction project outlined above. By copy of this letter, I am asking Mr. David McHenry,
Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC)
to comment directly to you concerning the 404 Nationwide Permit request.
I am also requesting authorization under Section 401 of the Clean Water Act from the North
Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality
(DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field
Operations Engineer (NCDOT), to comment directly to me concerning this permit request.
SR 2501 Kingdom Place
If you have any questions or need additional information, please contact me or Lori Jones at (828)
891-7911.
Sincerely,
Steven L. Cannon, P.E.
District Engineer
Enclosures
cc: Mr. Brian Wrenn, DWQ, DENR, Raleigh (4 copies)
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Mike Parker, DWQ; Asheville
Mr. Jason Mays, Biologist, U.S. Fish and Wildlife Service, Asheville
Mr. Mark Gibbs, P.E., Division Maintenance Engineer
Mr. Mark Davis, Division Environmental Officer
Mr. E.L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mrs. Lori M. Jones, P.E., Henderson County Maintenance Engineer, NCDOT
File
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Office Use Only.
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. A licant Information
1. Processing
1a . Type(s) of approval sought from the

Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NW 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verged by the Corps? ? Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: SR 2501 Kingdom Place
2b. County: Henderson
2c. Nearest municipality / town: Tuxedo
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: 14C.045143
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: District Engineer
4b. Name: Steven L. Cannon
4c. Business name
(if applicable): North Carolina Department of Transportation
4d. Street address: 4142 Haywood Road
4e. City, state, zip: Mills River, NC 28759
4f. Telephone no.: 828-891-7911
4g. Fax no., 828-891-5026
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable): N/A
5c. Street address: N/A
5d. City, state, zip: N/A
5e. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
Latitude: 35.19849 Longitude: - 82.43233
1b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Davis Creek and UT to Davis Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: B; Tr
2c. River basin: Broad River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Landscape is mostly deciduous forest with a minor pine component. Area is rural with limited single family residences
and several small businesses.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
To upgrade the existing gravel road to current NCDOT secondary road standards
3e. Describe the overall project in detail, including the type of equipment to be used:
Widen, grade, drain and pave. The area will be cleared and grubbed. Culverts will be replaced/extended with the water
diverted around the site during installation. The road bed will be graded and fill material added as needed. The road will
be paved. Track hoes, dump trucks, bulldozers, water pumps, diversion pipe, various hand tools will be used to
accomplish the work.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / El Yes ®No El Unknown
project (including all prior phases) in the past'.
Comments: N/A
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
N/A
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts "
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps- 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
? Yes ? Corps
W1 ? P ? T N/A N/A
? No
? DWQ N/A
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes' ? Corps
? No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts N/A
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number- (PER) or (Corps-404,10 stream length
Permanent(P)or intermittent DWQ-non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert Davis Creek ® PER
? INT ® Corps
® DWQ 6 30
S2 ? P ® T Flow Diversion Davis Creek ® PER
? INT ® Corps
® DWQ 6 75
S3 ® P ? T Culvert Trib to Davis ® PER ® Corps 3 25
Creek ? INT ® DWQ
S4 ? P ® T Flow Diversion Trib to Davis
Creek ® PER
? INT ® Corps
® DWQ 3 65
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 55
3i. Comments: Total Temporary Impact for Impervious Dikes and Flow Diversion is 140 feet.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number- (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
Ot ? P ? T N/A N/A N/A N/A
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts N/A
4g. Comments: N/A
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose ? (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
5f. Total N/A N/A N/A N/A N/A N/A N/A
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ? No if yes, permit ID no: N/A
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
ff projectwill impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico. ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
s
B1 ? PEI T N/A N/A ? No N/A N/A
?Yes
B2 ?P?T ? No
? Yes
B3 ? PEI T ? No
6h. Total buffer impacts N/A N/A
6i. Comments: N/A
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The culverts are being extended in length only to provide the minimum width needed to bring this road up to current secondary
road standards
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impervious dikes will be installed in the channel to minimize the water flowing into the work area. Then water will be diverted
around the site during pipe installation to limit downstream habitat and water quality degradation. Appropriate BMPs
according to the approved erosion and sedimentation control plan will be installed on the project prior to culvert installation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or W aters of the State? ? Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
®Payment to in lieu fee program'

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ®cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ®No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 1.5
6f. Total buffer mitigation required: N/A
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
N/A
6h. Comments: N/A
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
J. Diffus0Flow_Plan

1a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: N/A
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? N/A %
26 . Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A
2d. If this project DOES require a Stormwater Management" Plan, then provide a brief, narrative description of the plan:
Project is covered by individual NPDES Permit NCS000250 ,
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit _
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? N/A
? Phase II
El NSW
3b. Which of the following locally-implemented stormwater management programs USMP
?
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
0 Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Forth -Version 1.3 December 10, 2008 Version
F. Supplementary Information,
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
lb. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. ff you answered "no," provide a short narrative description.
This project involves the widening and paving of an existing secondary dead end gravel road to minimum secondary road
standards. There are already existing homes in the area to be served by the road. Therefore, secondary development
potential is limited.
4. Sewage Disposal (DWQ Requirement)
4a. 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 facility.
N/A
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program Database
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
N/A-There are no marine or estuarine habitats in the Blue Ridge Physiographic Province.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The project is being submitted to the NCDOT Human Environment for Screening for arcaeology and historical structures.
6. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Steven L. Cannon, P.E. 14 June 2011

Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
13is form should be completed by following the instructions provided in Section N of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: SR 2501 Kingdom Place
State:NC County/parish/borough: Henderson City: Tuxedo
Center coordinates of site Oat/long in degree decimal format): Lat. 35.19849° N, Long. 82.43233°W.
Universal Transverse Mercator: -
Name of nearest waterbody: Davis Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Green River (Lake Summit)
Name of watershed or Hydrologic Unit Code (HUC): 03050105010010
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
El Check if other sites (e.g., otfsite 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) Delerrnmation. Date: 6/6/2011
® Field Determination. Date(s): 6/8/2011
SECTION II: SUMMARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There Ark 7e uo "navigable waters of the U.S." within Rivers and Harbors Act (RHA)jurisdictim (as defined by 33 CFR part 329) in the
review area. [Required] .
0 Waters subject to the ebb and flow of the tide.
0 Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
there Ve' "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): r
0 TNWs, including territorial seas
E] Wetlands adjacent to TNWs
® Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
El Non-RPWs that flow directly or indirectly into TNWs
Q Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
0 Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Q hrmpoundments ofjurisdictional waters
Q 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: 150 linear feet: 3-6 width (fl) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Establiihedlby?OHWMI
Elevation of established OHWM (if known):
2. Non-regulated-waters/wetlands (check if applicable)?
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and detetrmned to be not jurisdictional.
Explain:
t Rotes checked below shall be supported by completing the appropriate sections in Section III below.
x For purposes of this form, an RPW is defined as a tnbutary that is not a TNW and that typically flows year-round or has continuous flow at least-seasonally"
("o t.n.i_11I .mnth<1
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 HI.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections ULAA and 2
and Section IH.D.1.; otherwise, we Section HUB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW '
Summarize rationale supporting conclusion that wetland is "adjacent":
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 underRapanar 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 year-round
(perennial) Bow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HI.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 HI.B.1 for
the tributary, Section IH.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section ID.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pic- k?List
Drainage area: MU t
Average annual rainfall: inches
Average annual snowfall: - inches
(ii) Physical Characteristics:
(a) Rclationshipwith TNW:
? Tributary flows directly into'INW.
? Tributary Bows through Pick List tributaries before entering TNW.
Project waters are PickList river miles from 1NW.
Project waters are PickList river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pielt3;ist aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
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
West.
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 TN W.
(b) General Tributary Characteristics (check all that aoulv):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bmik (estimate):
Average width: feet
Average depth: feet
Average side slopes: PiIck st.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands - ? Concrete
? Cobbles ? Oravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of ranhiflle/pool complexes. Explain:
Tributary geometry: Pick=List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributaryprovides for: Pick List
Estimate average number of flow events in review area/year: PickIist
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick L'is't. Characteristics:
Subsurface flow: Pick'-'h.3st. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? 01-IWM6 (check all indicators that apply): -
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.r Explain:
If factors other than the 01'IWM were used to doterm
High Tide Line indicated by
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent ofCWAjurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(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:
'A natural orman-made discontinuity in the 019 WM does notnecessarily severjurisdiclion (e.g., where the stream temporarily flows underground, or where
the OH VIM has been removed by development or agricultural practices). When 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 calved), 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):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? 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:
Welland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: PRkLik Explain:
Surface flow is: Pic- k
Characteristics:
Subsurface flow: PickList. Explain findings:
? Dye (or other) test performed: .
(c) Wetland Adiacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by benr?barrim Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, JMN '-last river miles from TNW.
Project waters are Pick List aerial (straight) miles from'fNW.
gt
Flow is from Pick List.
Estimate approximate location of wetland as within the Pi List floodplain.
(it) 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:
? Aquatie/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? fY/N) Size (in acres)
Summarize overall 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 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 RLD:
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 11I.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:
0 TNWs: linear feet width (ft), Or, acres.
0 Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNW&
® Tributaries oCENWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Davis Creek is shown on the USGS topographic map as perennial. The UT to Davis Creek has a well-
defined channel and macroinvertebrates. The UT is a second order stream shortly below the culvert site..
0 Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) ate
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: 150 linear feet 3-6 width (8).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a'INW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section W.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
El Tributary waters: linear foot width (fl).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Q Wetlands directly abut RPW and thus arejurisdictional as adjacent wetlands.
0 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section 111.13.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Q 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 M.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.
Q 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 arejurisidictional. 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.
Q 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 j urisdictional. Data supporting this
conclusion is provided at Section III-C.
Provide estimates forjurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
Asa general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
El Demonstrate that impoundment was created from "waters of the U.S.," or
0 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
0 Demonstrate that water is isolated with a nexus to counneroe (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):"
Q which are or could he used by interstate or foreign travelers for recreational or other purposes.
E] from which fish or shell fish are or could be taken and sold in interstate or foreign commerce.
0 which are or could be used for industrial purposes by industries in interstate commerce.
0 Interstate isolated waters. Fxplain:
Q Other factors. Explain:
'See Footnote # 3. -
'To complete the analysis refer to the key in Section 111.13.6 of the Instructional Guidebook.
r' Prior to asserting or declining C WAjurisdiction 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 Corp"PA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination:
1 Provide estumatm for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (it).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON4URISDICTIONAL 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) corrnncrce.
? Prior to the Ian 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",slandard, where such a finding is required for jurisdiction. Explain:
El 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
udgmcnt (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (tt).
0 Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Q Wetlands: acres.
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): linear feet, width (ft).
? Lakes/ponds: acres.
Q Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -chocked 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:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? 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.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natuml Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
0 State/Local wetland inventory map(s):
0 FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ? Aerial (Name & Date):
or ® Other (Marne & Date):Culvert Site, June, 2011.
x? Previous deterrrdnation(s). File no. and date of response letter: _
Applicable/supporting case law:'
El Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COAUUENTS TO SUPPORT JD: '[his JD form covers two streams, Davis Crock and an unnamed tributary to Davis
Creek The streams are within approximately 1600 feet of each other..
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name SR 2501 Kingdom Place
2. Name of Property Owner/Applicant; NCDOT
3. Name of Consultant/Agent: N/A
'Agent authorization needs to be attached.
4. Related/Previous Action ID number(s): N/A
5. Site Address: Kingdom Place. Henderson County
6. Subdivision Name: N/A
7. City: -Tuxedo
8. County: -Henderson
9. Lat: 35.198490_ Long: -82.432330 (Coordinates at Morton Creek) (Decimal Degrees Please)
10. Quadrangle Name: Zirconia 35082-B4-TF-024
11. Waterway: Davis Creek and UT to Davis Creek
12. Watershed: Broad River
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:
SR 2501 Kingdom Place
NW 14 Sites
Site 2 35.19947°N 82.42853°W Sta. 28+00
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