20110950 Ver 1_More Info Received_20120130

1
A�TFROG
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1b Specify Nationwide Permit (NWP) number 13 23 33 or General Permit (GP) number
1c Has the N WP or GP number been verified by the Corps?
❑ Yes
® No
1 d
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
1 g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Replacement of Bridge 9 over Prather's Creek on NC 221
2b
County
Alleghany
2c Nearest municipality / town
Sparta
2d
Subdivision name
not applicable
2e
NCDOT only T I P or state
project no
B-4406
3
Owner Information
3a
Name(s) on Recorded Deed
North Carolina Department of Transportation
3b
Deed Book and Page No
not applicable
3c Responsible Party (for LLC if
applicable)
not applicable
3d
Street address
1598 Mail Service Center
3e
City state zip
Raleigh NC 27699 1598
3f
Telephone no
[phone]
3g
Fax no
[phone]
3h
Email address
Iwharrod @ncdot gov

4 Applicant Information (if different from owner)
4a Applicant is
❑ Agent ❑ Other specify
4b Name
not applicable
4c Business name
(if applicable)
4d Street address
4e City state zip
4f Telephone no
4g Fax no
4h Email address
5 Agent/Consultant Information (if applicable)
5a Name
not applicable
5b Business name
(if applicable)
5c Street address
5d City state zip
5e Telephone no
5f Fax no
5g Email address

B Project Information and Prior Project History
1 Property Identification
la Property identification no (tax PIN or parcel ID)
not applicable
1 b Site coordinates (in decimal degrees)
Latitude 36 52298 Longitude 81 18450
(DD DDDDDD) (DD DDDDDD)
1 c Property size
14 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
Prather's Creek
proposed project
2b Water Quality Classification of nearest receiving water
B Tr
2c River basin
New
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
Rural residential and agricultural land
3b List the total estimated acreage of all existing wetlands on the property
010
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
27510
3d Explain the purpose of the proposed project
To replace a structurally deficient and functionally obsolete bridge
3e Describe the overall project in detail including the type of equipment to be used
The project involves replacing a 37 foot bridge with a 125 foot 2 span bridge on new alignment while maintaining traffic
utilizing the existing bridge Standard road budding equipment such as trucks dozers and cranes will be used
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past
®Yes El No ❑ Unknown
Comments Request was sent by EcoScience on behalf of
NCDOT to John Thomas August 2005 NCDOT received
nothing back NCDOT requests a FINAL JD with this permit
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
Name (if known)
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
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
The original permit application dated October 11 2011 was mailed out on October 21 2011 and emaded on October 24
2011 No permits were issued This application replaces it
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain

C Proposed Impacts Inventory
1 Impacts Summary
la 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
Site 1 ® P ❑ T
Roadway fill
Rivenne
❑ Yes
® No
® Corps
❑ DWQ
005
Mechanized
El Yes
® Corps
Site 1 ® P ❑ T
clearing in
Rivenne
No
DWQ
001
wetlands
Site 1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
0 06 Permanent
0 00 Temporary
2h Comments
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
Average
Impact length
number
(PER) or
jurisdiction
stream
(linear feet)
Permanent (P) or
intermittent
(Corps 404 10
width
Temporary M
(INT)?
DWQ — non -404
(feet)
other)
Site 1 ® P ❑ T
*Roadway fill
UT to Prather's
Creek
❑ PER
® INT
® Corps
❑ DWQ
2
97
Site 2 ®P ❑ T
Streambank
stabilization
Prather's Creek
® PER
❑ INT
® Corps
1:1 DWQ
12
63
Fill
Site 2 ❑ POT
(Proposed
bridge wing
Prather's Creek
® PER
❑ INT
® Corps
❑ DWQ
12
30
wall)
Site 2 ®P ❑ T
Streambank
stabilization
Prather's Creek
® PER
❑ INT
® Corps
❑ DWQ
12
18
Fill
Site 2 ❑ P ® T
(* *Existing
bridge removal
Prather's Creek
® PER
❑ INT
® Corps
❑ DWQ
12
30
wing wall)
Site 2 ®P El T
Streambank
stabilization
Prather's Creek
® PER
[I INT
® Corps
El DWQ
12
18
3h Total stream and tributary Impacts
196 Perm
60 Temp
31 Comments
*UT is jurisdictional as shown in site 1 blow up
*wing walls are temporary structures to keep debris from falling into water

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
impact number —
waterbody
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
(if applicable)
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f Total open water impacts
X Permanent
X Temporary
4g Comments
5 Pond or Lake Construction
If pond 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
(acres)
number
purpose of pond
Excavat
Flooded
Filled
ed
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction

6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer
then complete the chart below If yes then individually list all buffer
impacts below If any 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 for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary
required?
61 ❑P [IT
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments

D Impact Justification and Mitigation
L 1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The proposed bridge is a spanning structure 2 1 fill slopes will be utilized where practicable
1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Surfiaal bridge runoff will not be directed into Prather's Creek via deck drains Temporary impacts at the bridge are wing
walls to prevent debris from falling into water during bridge removal There will be no interior bents in the water Policies
outlined in Best Management Practices (BMP s) for protection of surface waters and a strict erosion control schedule will
be followed A moratorium prohibiting in stream work is in place from October 15 to April 15 to protect trout spawning
Design Standards in Sensitive Watersheds will be adhered to
L2— Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for ® Yes ❑ No
impacts to Waters of the U S or Waters of the State
If no explain
2b If yes mitigation is required by (check all that apply) ❑ DWQ ® Corps
2c If yes which mitigat ion option will be used for this
project?
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank not applicable
3b Credits Purchased (attach receipt and letter)
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
4b Stream mitigation requested
4c If using stream mitigation stream temperature
4d Buffer mitigation requested (DWQ only)
4e Riparian wetland mitigation requested
4f Non riparian wetland mitigation requested
4g Coastal (tidal) wetland mitigation requested
4h Comments
❑ Mitigation bank
® Payment to in lieu fee program
❑ Permittee Responsible Mitigation
Type
Quantity
® Yes
97 linear feet (97 linear feet of impact)
❑ warm ❑ cool ®cold
square feet
0 06 acres (0 06 acres of impact)
acres
acres
5 Complete if Using a Permrttee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
7

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 3 (2 for Catawba)
Zone 2 1 5
6f Total buffer mitigation required
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)
6h Comments

E Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes then is a diffuse flow plan included? If not explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
N/A
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
See attached permit drawings
❑ 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 governments jurisdiction is this project?
not applicable
❑ Phase II
❑ 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
❑ Coastal counties
4a
Which of the following state implemented stormwater management programs apply
❑ HQW
(check all that apply)
❑ ORW
❑ 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 N/A
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No N/A

F Supplementary Information
1 Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
1b 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)?
1 c 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
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 26 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)
3 Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
additional development which could impact nearby downstream water quality?
® No
3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
Due to the minimal transportation impact resulting from this bridge replacement this project will neither influence nearby
land uses nor stimulate growth Therefore a detailed indirect or cumulative effects study will not be necessary
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
not applicable
10

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?
❑ Raleigh
5c if yes ind icate 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?
Endangered and Threatened species that require surveys are not listed for Alleghany County
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitatE
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
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?
NEPA Documentation
8 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 NCDOT Hydraulics Unit coordination with FEMA
8c What source(s) did you use to make the floodplain determination? FEMA Maps
-4
�
Dr Gregory J Thorpe, PhD
9
Date
Applicant/Agents Printed Name
App cant/Ag nt s Signature
(Agents signature is valid only if an authorization letter from the applicant
is provided
11

tlbI**-
ffiffint
PROGRAM
December 20 2011
Mr Gregory J Thorpe PhD
Manager Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dear Dr Thorpe
Subject EEP Mitigation Acceptance Letter
13-4406, Replace Bridge Number 9 over Prathers Creek on US 221 Alleghany County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream and riparian wetland mitigation for the subject project Based on the information supplied by
you on August 15 September 16 and December 19 2011 the impacts are located in CU 05050001 of the New River
Basin in the Northern Mountains (NM) Eco Region, and are as follows
New
05050001
Stream
Wetlands
Buffer (Sq Ft.)
Cold
Cool
Warm
Riparian
Non
Coastal
Marsh
Zone 1
Zone 2
NM
Ripanan
Impacts
97
0
0
006
0
0
0
0
feettacres
This mitigation acceptance letter replaces the mitigation acceptance letter issued on August 16 and
September 20, 2011 EEP commits to implementing sufficient compensatory stream and riparian wetland
mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies in
accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In
Lieu Fee Instrument dated July 28 2010 If the above referenced impact amounts are revised, then this mitigation
acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP
If you have any questions or need additional information please contact Ms Beth Harmon at 919 715
1929
Sincerely lc—�io
Micha Ellison
EEP Deputy Director
cc Mr Monte Matthews USACE – Raleigh Regulatory Field Office
Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit
File B-4406 Revised 2
�for E Pro Our AA& ��'
North Carolina Ecosystem Enhancement Program 1652 Mad Seance Center Raleigh NC 27699 1652 / 919- 715 -0476 1 www nceep net

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NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
& ENVIRONMENTAL ANALYSIS
ALLEGHANY COUNTY
RRIDGE NO 9 ON US 221
OVER CREEK
TIP NO B4406
VICINITY MAP
FIGURE I
'�d ISet� rer -nd
0 �,�t

PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO NAMES ADDRESSES
US HWY 221
1 DOROTHY W STURGILL 1750 HWY 88 WEST
WEST JEFFERSON NC 28694
US HWY 221
3 T KENNETH BRADY PO BOX 277
SPARTA NC 28675
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DIVISION OF HIGHWAYS
ALLEGHANY COUNTY
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APPROVED JURISDICTIONAL DETERMINATION FORM
U S Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD)
B DISTRICT OFFICE FILE NAME AND NUMBER
C PROJECT LOCATION AND BACKGROUND INFORMATION
State NC B 4406 County/parish/borough Alleghany City Sparta
Center coordinates of site (lat/long in degree decimal format) Lat 36 52298 N Long 81 18450 0 SM
Universal Transverse Mercator
Name of nearest waterbody Prather s Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Prather s Creek
Name of watershed or Hydrologic Unit Code (HUC) 05050001
® Check if map /diagram of review area and/or potential jurisdictional areas is/are available upon request
Q Check if other sites (e g offsite mitigation sites disposal sites etc ) are associated with this action and are recorded on a
different JD form
D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY)
�( Office (Desk) Determination Date
® Field Determination Date(s) 9/9/2010
SECTION II SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
There Nr�e navigable waters of the US 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
Explain
B CWA SECTION 404 DETERMINATION OF JURISDICTION
There ffi a waters of the U S within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
I Waters of the U S
a Indicate presence of waters of U S in review area (check all that apply) '
TNWs including territorial seas
® Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
NX Non RPWs that flow directly or indirectly into TNWs
Ig Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters including isolated wetlands
b Identify (estimate) size of waters of the U S in the review area
Non wetland waters 50 linear feet 12 width (ft) and/or acres
Wetlands 0 1 acres
c Limits (boundaries) of jurisdiction based on iKa -p'0 cabte
Elevation of established OHWM (if known)
2 Non regulated waters /wetlands (check if applicable) 3
EJ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional
Explain
i Boxes checked below shall be supported by completing the appropriate sections in Section III below
2 For purposes of this form an RPW is defined as a tributary that is not a TNW and that typically flows year round or has continuous flow at least seasonally
(e g typically 3 months)
3 Supporting documentation is presented in Section III F

SECTION III CWA ANALYSIS
A TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW complete
Section III A 1 and Section III D 1 only if the aquatic resource is a wetland adjacent to a TNW complete Sections III A 1 and 2
and Section III D 1 otherwise see Section III B below
1 TNW
Identify TNW Prather s Creek
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 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 year round
(perennial) flow skip to Section III D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow
skip to Section III D 4
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water even
though a significant nexus finding is not required as a matter of law
If the waterbody° is not an RPW or a wetland directly abutting an RPW a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines for
analytical purposes the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary or its adjacent wetlands or both If the JD covers a tributary with adjacent wetlands complete Section III B 1 for
the tributary Section III B 2 for any onsite wetlands and Section III B 3 for all wetlands adjacent to that tributary both onsite
and offsite The determination whether a significant nexus exists is determined in Section III C below
1 Characteristics of non TNWs that flow directly or indirectly into TNW
(i) General Area Conditions
Watershed size 3 a
Drainage area 20 aclr
Average annual rainfall 48 inches
Average annual snowfall 6 4 inches
(u) Physical Characteristics
(a) Relationship with TNW
® Tributary flows directly into TNW
❑ Tributary flows through "t"c`1c1f�pt tributaries before entering TNW
Project waters are
{o>e less river miles from TNW
Project waters are
Wick river miles from RPW
Project waters are
ess aenal (straight) miles from TNW
Project waters are
tc aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNW5 direct
Tributary stream order if known first order
Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and
West
5 Flow route can be described by identifying e g tributary a, which flows through the review area, to flow into tributary b which then flows into TNW

(b) General Tributary Characteristics (check all that anolv)
Tributary is ❑ Natural
❑ Artificial (man made) Explain
® Manipulated (man altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width 2 feet
Average depth 0 1 feet
Average side slopes �t
Primary tributary substrate composition (check all that apply)
® Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation Type/% cover
® Other Explain leaves
Tributary condition/stability [e g highly eroding sloughing banks] Explain
Presence of run/riffle /pool complexes Explain absent
Tributary geometry RI a AIIt
Tributary gradient (approximate average slope) 0 %
(c) Flow
Tributary provides for S,na'sona
Estimate average number of flow events in review area/year 1 60alk r
Describe flow regime
Other information on duration and volume
Surface flow is Conte Characteristics
Subsurface flow iQji Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWW (check all indicators that apply)
❑ clear natural line impressed on the bank
❑ the presence of litter and debris
❑ changes in the character of soil
❑ destruction of terrestrial vegetation
❑ shelving
❑ the presence of wrack line
❑ vegetation matted down bent or absent
❑ sediment sorting
® leaf litter disturbed or washed away
❑ scour
® sediment deposition
❑ multiple observed or predicted flow events
® water staining
❑ abrupt change in plant community
❑ other (list)
❑ Discontinuous OHWM 7 Explain
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply)
High Tide Line indicated by J
Mean High Water Mark indicated by
❑ oil or scum line along shore objects
❑ survey to available datum
❑ fine shell or debris deposits (foreshore)
❑ physical markings
❑ physical markings/charactenstics
❑ vegetation lines /changes in vegetation types
❑ tidal gauges
❑ other (list)
(m) Chemical Characteristics
Characterize tributary (e g water color is clear discolored
oily film water quality general watershed characteristics etc )
Explain seasonal water is typically turbid
Identify specific pollutants if known
6A natural or man made discontinuity in the OHWM does not necessarily sever jurisdiction (e g where the strean temporarily flows underground, or where
the OHWM has been removed by de%clopment or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody s flow
regime (e g flow over a rock outcrop or through a culvert) the agencies will look for indicators of flow above and below the break
'Ib►d

(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
Wetland size 0 lacres
Wetland type Explain Riparian
Wetland quality Explain Poor in agricultural field
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non TNW
Flow is Ephemergitflo, Explain
Surface flow is § n "v)l
Characteristics
Subsurface flow w" 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 berm/barrier Explain
(d) Proxima (Relationship) to TNW
Project wetlands are tV river miles from TNW
Project waters are Less aerial (straight) miles from TNW
Flow is from o +
Estimate approximate location of wetland as within the Sti�Cl ea floodplam
(u) 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
(m) Biological Characteristics Wetland supports (check all that apply)
® Riparian buffer Characteristics (type average width)
® Vegetation type /percent cover Explain herbaceous 100%
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn areas Explain findings
❑ Other environmentally sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3 Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis x
Approximately ( 0 1 ) acres in total are being considered in the cumulative analyses

For each wetland specify the following
Directly abuts9 (Y/N Size (in acres) Directly abuts9 (Y/N) Size (in acres)
yes 01
Summarize overall biological chemical and physical functions being performed wetland has been manipulated to drain
agricultural field
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 floodplam 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 TNW9
• 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 TNW9
• Does the tributary in combination with its adjacent wetlands (if any) have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs9
• Does the tributary m combination with its adjacent wetlands (if any) have other relationships to the physical chemical or
biological integrity of the TNW9
Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below
1 Significant nexus findings for non RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain
findings of presence or absence of significant nexus below based on the tributary itself then go to Section III D
2 Significant nexus findings for non RPW and its adjacent wetlands where the non RPW flows directly or indirectly into
TNWs Explain findings of presence or absence of significant nexus below based on the tributary in combination with all of its
adjacent wetlands then go to Section III D
3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of
presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to
Section III D
D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY)
1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
} TNWs 501mear feetl2width (ft) Or acres
4 Wetlands adjacent to TNWs 0 1 acres
2 RPWs that flow directly or indirectly into TNWs
} Tributaries of TNWs where tnbutaries typically flow year round are jurisdictional Provide data and rationale indicating that
tributary is perennial score 25 75 intermittent
Tnbutaries of TNW where tributaries have continuous flow seasonally (e g typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tnbutary flows
seasonally

Provide estimates for jurisdictional waters in the review area (check all that apply)
® Tributary waters 50 linear feet 1width (ft)
d Other non wetland waters a cres
Identify type(s) of waters
Non RPWss that flow directly or indirectly into TNWs
IM Waterbody that is not a TNW or an RPW but flows directly or indirectly into a TNW and it has a significant nexus with a
TNW is jurisdictional Data supporting this conclusion is provided at Section III C
Provide estimates for jurisdictional waters within the review area (check all that apply)
M Tributary waters linear feet width (ft)
j1 Other non wetland waters acres
Identify type(s) of waters
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
d Wetlands directly abutting an RPW where tributaries typically flow year round Provide data and rationale
indicating that tributary is perennial in Section III D 2 above Provide rationale indicating that wetland is
directly abutting an RPW
® Wetlands directly abutting an RPW where tributaries typically flow seasonally Provide data indicating that tributary
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 0 1 acres
5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs
tM Wetlands that do not directly abut an RPW but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisidict►onal Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for jurisdictional wetlands in the review area acres
Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs
Ul 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 junsdictional 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
Demonstrate that water is isolated with a nexus to commerce (see E below)
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) ►o
0 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
M which are or could be used for industrial purposes by industries in interstate commerce
M Interstate isolated waters Explain
El Other factors Explain
'See Footnote # 3
To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act !ur►sdrermn Following Rapanos

Identify water body and summarize rationale supporting determination
Provide estimates for Jurisdictional waters in the review area (check all that apply)
s Tributary waters linear feet widt h (ft)
® Other non wetland waters acres
Identify type(s) of waters
Wetlands acres
F NON - JURISDICTIONAL WATERS INCLUDING WETLANDS (CHECK ALL THAT APPLY)
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to the Jan 2001 Supreme Court decision in SWANCC the review area would have been regulated based solel on the
Migratory Bird Rule (MBR)
Waters do not meet the Significant Nexus standard where such a finding is required for Jurisdiction Explain
D 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 a presence of migratory birds presence of endangered species use of water for irrigated agriculture) using best professional
Judgment (check all that apply)
® Non wetland waters (i a rivers streams) h near feet width (ft)
Lakes /ponds acres
Q 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 Nexus standard where such
a finding is required for Jurisdiction (check all that apply)
IQ Non wetland waters (► a rivers streams) 1► near feet, width (ft)
El Lakes/ponds acres
® 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 checked items shall be included in case file and where checked
and requested appropriately reference sources below)
MMaps 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
tX 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 Natural Resources Conservation Service Soil Survey Citation
National wetlands inventory map(s) Cite name
State/Local wetland inventory map(s)
FEMA/FIRM maps
100 year Floodplam Elevation is (National Geodect►c Vertical Datum of 1929)
Photographs ❑ Aerial (Name & Date)
or ❑ Other (Name & Date)
Q Previous determination(s) File no and date of response letter
Applicable /supporting case law
Z Applicable /supporting scientific literature
Other information (please specify)
B ADDITIONAL COMMENTS TO SUPPORT JD

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NiCDENR
Nor+h Carolina Department of Environment and Natural Resources
Di ns on of Water Quality
Beverly Eaves Perdue C'iarles WaKild P E
Governor Director
February 3 2012
Alleghany County
NCDWQ Project No 2011 0950
(Bridge No 9) US 221
TIP B 4406
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Greg Thorpe PhD Manager
NCDOTPDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
Dee Freeman
Secretarj
You have our approval in accordance with the conditions listed below for the following impacts for the
purpose of replacing Bridge No 9 over Prather s Creek on US 221 in Alleghany County
Stream Impacts in the New River Basin
Site
Permanent Fill
Temporary Fill in
Permanent Fill in
Temporary Fill
Total Stream
Stream
Total Wetland
in Intermittent
Intermittent
Perennial Stream
in Perennial
Impact
Impacts
Bridge
Stream (linear
Stream (linear ft)
(linear ft)
Stream (linear ft)
(linear ft)
Requiring
(ac)
ft)
ac
Mitigation
1
001
linear ft
1
005
97
006
97
0
2
005
99
60
159
0
196
60
256
0
Total
Total Stream Impact for Project 256 linear feet
Wetland Impacts in the New River Basin (riverme)
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total Wetland
(ac)
(temporar
(ac)
Clearing (ac)
Clearing
Bridge
Impact (ac)
Y)
(ac)
(ac)
ac
1
001
005
006
001
005
006
Total
Total Wetland Impact for Project 0 06 acres
North Carolina Division of Water Quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone [phone] FAX [phone]
Internet www ncwaterquality org
An Equal Opportunity x Affirmative Action Employer
NorthCarohna
�/ aturally