20081393 Ver 1_Application_20080911

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STATE of NORTH CAROLINA BRgy
DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY LYNDO TIPPETT
Govl RNUR SF( RF I nRY
PO BOX 3279. ASHEVILLE, NC 28802
September 9, 2008
Mr David Baker
US Army Corps of Engineers 081393
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject Nationwide Permits #14
SR 1395, Willow Cove Road
State Project No 13C 011117 (DWQ Minor Permit Fee $240)
Buncombe 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 1395 Willow Cove
Road, Buncombe County, NC
Willow Cove Road is currently a 9-10 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 extend two (2) pipe culverts on 2 UTs to Willow Creek Total culvert
extension will be 30 linear feet with temporary impervious dikes for dewatering during
installation The UTs are approximately 3-foot wide stream with cobble/gravel/sand
substrate
No stream relocation will be performed for the project Existing channel morphology
will be maintained upstream and downstream of the culverts The culverts will be placed
below existing streambed elevation whenever possible Riparian vegetation will be
reestablished along disturbed areas associated with the culvert extensions Stormwater
will be diverted through grass-lined ditches or vegetated buffers prior to entering streams
Mr David Baker
Page -2 SR 1395 Buncombe County
September 9 2008
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated
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 Field Operations Engineer,
to comment on the above project The UTs of Willow Creek are not classified as trout
A buffer variance will not be required for the project
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 fee of $240 00 to WBS element # 13C 011117 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,
,(-Roger D Bryan
Division 13 Environmental Officer
Enclosures
cc J J Swain, Jr, P E
J H Moore, P E
Ed Ingle, CPESC
David McHenry
Brian Wrenn
Mike Parker
Office Use Only: I orm Ver ion Marsh U4;
USACE Action ID No. DWQ No. 2 0 0 8 1 3 9 3
(It 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 ?
11. Applicant Information
1 Owner/Applicant Information
Name J J Swain Jr. P E Division Engaineer
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 rdbrvan a dot state nc us
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 Fax Number
E-mail Address
Page I of 9
Ili. 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 vicinity map
and site plan must include a scale and north arrow The specific footprints of all buildings,
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
USAGE requires information to be submitted on sheets no larger than 11 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 1395, Willow Cove Road
2 T I P Project Number or State Project Number (NCDOT Only) 13C 011117
3 Property Identification Number (Tax PIN) N/A
4 Location
County Buncombe Nearest Town Sandymush
Subdivision name (include phase/lot number) N/A
Directions to site (include road numbers/names, landmarks, etc) Proceed north of
Leicester on NC 63 Turn left onto SR 1389 for 14 miles and take the right fork to SR 1401
SR 1401 becomes SR 1392, go about 2 4 miles and turn left on to SR 1394 Go 2 3 miles
and turn right on to SR 1395 (see map)
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)
Site 1 35 63600°N 82 83547° W
Site 2 3563)482'N 82 83703°
6 Property size (acres) 70-
7 Name of nearest receiving body of water Willow Creek (Class C)
8 River Basin French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins The
River Basin map is available at http //h2o enr state nc us/adman/maps/ )
Page 2 of 9
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 forested and very low density residential
10 Describe the overall project in detail including the type of equipment to be used Vb e
propose to grade drain, base pave and install erosion control measures for SR 1395/Willow
Cove Road The equipment to be utilized includes an excavator, backhoe and trucks
11 Explain the purpose of the proposed work We propose to grade drain, base pave and install
erosion control measures for SR 1395 We propose to extend 2 existing pipes on 2 UTs to
Willow Creek The existing 20 pipe on UTl will be extended to 40' and the existing 30'
foot pipe on UT2 will be extended to 40' The additional pipes are necessary to widen the
road to the required typical section Small impervious dikes will be constructed for
dewatering during pipe extensions Total culvert extensions will be 30 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 explain 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
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 plans
VI. 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 from
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
Page 3 of 9
Photographs may be included at the applicant's discretion If this proposed impact is strictly 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
1 Provide a written description of the proposed impacts We propose to extend two (2) pipe
culverts on two UTs to Willow Creel. Total culvert extensions will be 30 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 forested marsh
herbaceous, bog etc) Located within
100-year
Floodplam
(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
4 Individually list all intermittent and perennial stream impacts Be sure to identify temporar}
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 ?s 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
Peren
nial Avera-e Impact Area of
Number Stream Name Type of Impact " Stream Width Length Impact
(indicate on ma
p) ittent t
I
nterm
Before Impact )
(linear feet (acres)
Site 1 (32+23) UTI to Willow Pipe Culvert Perennial 20 00014
Creek 3
Site 1 (32+23) UTI to Willow Temp Dewatering
Perennial
50
00034
Creek
Site 2 (3803) UT2 to Willow Pipe Culvert Perennial 3 10 000069
Creek
Site 2 (38-03) UT2 to Willow
Creek Temp Dewatenng Perennial 50 00034
Page 4 of 9
Total Stream Impact (by length and acreage) I 130' I 00089 I
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
(indicate on ma) Name of Waterbodv
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary sound bay
ocean etc) Area of
Impact
(acres)
N/A

Total Open Water impact (acres) N/A
6 List the cumulative impact to all Waters of the U S resultins from the protect
Stream Impact (acres) 0.0089
Wetland Impact (acres) 0.0
Open Water Impact (acres) 0.0
Total Impact to Waters of the U S (acres) 0.0089
Total Temporary Stream Impact (linear feet) 100
Total Permanent Stream Impact (linear feet) 30
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 )
Page 5 of 9
Proposed use or purpose of pond (e g , livestock watering
local stormwater requirement, etc )
Current land use in the vicinity of the pond
Size of watershed draining to pond Expected pond surface area
VII. 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, accessibility 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 culvert extensions
requested are 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 enr state nc us/ncwetlands/strmgide html
1 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)
irrigation, aesthetic, trout pond.
Page 6 of 9
of mitigation proposed (restoration, enhancement, creation, or preservation) a plan view
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
We do not feel that mitigation is warranted due to the minimal impacts of the pipe culvert
extensions Additionally paving of the roadway should eliminate sedimentation from tines
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) land? 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
Page 7 of 9
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 DWQ
Regional Office may be included as appropriate Photographs may also be included at the
applicant's discretion
1 Will the project impact protected riparian buffers identified within 15A NCAC 213 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" identify 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
I 3 (2 for Catawba)
2 15
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel ZonL 2 e\tcnds an
additional 20 feet from the edge of Zone, I
3 If buffer mitigation is required, please discuss what type of mitigation is proposed (t 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 213 0242 or 0244, or 0260
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site Discuss
storinwater 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 30% of right of way
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 facility
N/A
Page 8 of 9
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) or any Buffer Rules"
Yes ? No
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 quality? 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 enr 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
?F 5?,, t- Q
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 Army Corps of Engineers
I his form should be LomplLted bs tollowtng the instructions pro), ided in SLCtlon IV of the JD Form Instructional GUIdLbook
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 County/parish/borough Buncombe C its Sands mush
CLntLr coordinates of sltL (]at/long in degrcL decimal format) Lat 35 63352° N Long 82 83597',*
Universal Frarrs\Lr,,L MLrcator
Name of nearest waterboels 2 U I s to Willow Creek
Name of ncarLS[ t radrtionaI Navigable Water ( FVW) Into which the aquatic resource flows Willow Creek flows to Sand smush Creek
which Lmptics into I rcnch Broad River
Name of watershed or Ilvdrologic Unit Code (HUC) 06010105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request
? ChLLk it other sites (L g oflsite mitigation sites disposal sites etc ) are associated with this action and arc, recorded on a
difterLnt JD form
D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY)
® Office (DLsk) Determination Date 9/9/08
® I field DetLrminauon Date(s) 9/8/08
SECTION 11 SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
I hLrL Are o navigable xatel s ofthe US within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in thL
rLView area 1Requuecl]
? Waters subjLLt to thL Lbb and flow of the ti&
? Waters arL presLntly used or haVL beLn used in the past or may be SusLeptible for use to transport interstate or forLign commLrLt
f xplain
B CWA SECTION 404 DETERMINATION OF JURISDICTION
I herL Are waters ojthe l,' S within Clean Water ALt (CWA) jurisdiction (as defined by 33 CFR part 328) in the review arLa [Reguuecll
I Waters of the U S
a Indicate presence of waters of US to review area (check all that apply)
? I-NWs mLludingterritorial seas
? WLtlands adjaLLnt to TNWs
® RclatlVLls pLrmanent waters' (RPWs) that now directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TN Ws
? WLtlands do-LLtly abutting RPWs that flow directly or mdtreLtl} into INW"
? WLtlands adjaLLnt to but not dirLLtly abutting RPWs that flow dlrLLtly or indirectly into TNWs
? WLtlands adjaeLnt to non-RPWs that flow directly or indirectly into FNWs
M InpoundmLms of jurisdictional waters
? IsolatLd (interstate or intrastate) waters mLluding tsolatLd wetlands
b Identify (estimate) size of waters of the U S to the review area
Non-wLtland waters 1301mLar feet 3 width (tt) and/or aLrLs
WLtlands acres
c Limits (boundaries) of jurisdiction based on Ekablished,by OHWM.
LI, vation of established OFIWM (it known)
2 Non-regulated waters/wetlands (check if applicable) 3
? Potentialk jurisdictional waters and/or wetlands were assessed within thL review area and detLrmmLd to bL not jurisdictional
F xplam
Boxes Lhecked below shall be supported bV Lompleting the appropriate sections in Section III below
For purposes of this form an RPW is defined as a tributary that is not a TNW and that o picalk flows year-round or has continuous flow at least seasonalh
(L g t%pically 3 months)
' Supporting doLUmcntation is presented in Section III F
SECTION I11 CWA 4NALI SIS
A TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction o,,er TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW, complete
Section 111 A I and Section III D I only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections 111 A I and 2
and Section 111 D 1 , otherwise, see Section III B below
I TNW
Idcntih INW
Summari& rational- supporting dctcrmmation
2 Wetland adjacent to TNW
Summary- rationale supporting -on-lusum that wetland is adla-ent
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 111 D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section 111 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 111 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
I Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions
Watersh-d sire PtckList
Drainage ar-a Ptiuht
AV-rage annual rainfall inches
Average annual snowfall Inches
(n) Physical Characteristics
(a) Relationship with TNW
? TrlbutarN flows directly into TNW
? I nbutan tlows through Piek Lit tributaries b-torc -ntcring, TN W
ProIcct waters are NA List nv-r miles from IN W
Prolcct waters are Ptek'List nvcr miles from RPW
Prol-ct waters arc. PtCk List anal (straight) mils from TNW
Prolcct waters arc PICT[ List atrial (straight) miles from RPW
Prolect eaters cross or serve as state boundari-s Etplam
Identih flow route to INW'
Tributary stream order it known
' Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and
West
Flo« rout- can b- described by idenuttiing e g tributary a whie.h flows through the r-view area to flow into tributan b which then flows into TNW
(b) General 7 ributarv Characteristics (check all that apply )
Tributary is ? Natural
? \rtifiual (man-made) F\plain
? Manipulated (man-altered) E\plam
Tnbutarv properties w ith respect to top of bank (estimate)
Average width feet
Average depth t, Lt
Avcragc sick, slopes PlckList
Prn»arv trihutarv substrate, composition (cheek all that apph )
? Silts ? Sands ? C.oncrctc
? Gobbles ? Gravel ? Muck
? Bedrock ? Vegetation I vpc/°o uvvcr
? Other h\plain
Tnbutarv condition/stability [c g highly eroding sloughing banks) F\plain
Prese nee of run/nflk./pool c.ompieves Ltplam
Fributary geometry PA,List
Tnbutarv gradient (apprommate average slope) %
(c) Flow
I nbutary provides for PICkLIst
Fstimatc ayerage number of flow events in revie%% area/year PickLl t
Describe Flow regime
Other information on duration and volume
SUrlace flow is Plck? I Characteristics
Subsurlacc flow PickList E\plam findings
? Dve (or other) test performed
Tributary has (check all that apply)
? Bed and banks
? OFIWM6 (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
? leat litter disturbed or washed away ? scour
? sediment deposition ? multiple observed or predicted flow events
? water stai n ing ? abrupt change in plant community
? other (list)
? Discontinuous OHWM 7 E\plam
It factors other than the OHWM were used to determine lateral ement of CWA jurisdiction (check all that applv)
? High rid,. Line indicated by ? Mean High Water Mark indicated by
? oil or settm Imc along shore objects ? survey to available datum
? fine shell or debris deposits (foreshore) ? physical markings
? physical markings/characteristics ? vegetation Imes/changes in vegetation tvpcs
? tidal gauges
? othcr(list)
(m) Chemical Characteristics
Characterize tributary (e g water color is clear discolored oily film water quality general watershed characteristics etc )
Explain
Identity spcutie pollutants it known
'A natural or man-made discontinurtv in the OHWM does not necessarily sever jurisdiction (e g where the stream temporarily flows underground or where
the OHWM has been removed by dcyelopment or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbod% 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
'Ibid
(iv) Biological Characteristics Channel supports (check all that apply)
? Riparian Lorndor Characteristies (t' P, average, width)
Wetland inner Chara(teristies
?
? Habitat for
? Federally Listed Spuies Evplam findings
? Fish/,paeen areas I \plam finding,
? Other em ironmentalk-sensitive ,peue, F\plain findings
? Aquatie/euldlife dner,ne Explain finding,
2 Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Phvsical Characteristics
(a) General Wetland Charaetenstics
Properties
Wetland size aerr s
Wetland tNpe E\plam
Wetland quality E\plam
Proleet wetlands cross or serve as stair. boundaries Ltplam
(b) General Flow Relationship with Non-INW
Flow is Pick List 6vplam
Surface flow IS Pick`List
CharaeteristieS
Subsurface flow Pi&List E\plam findings
? Dye (or other) test performed
(c) Wetland Adlacen(\ Determination with Non-TNW
? Directly abutting
? Not directf; abutting
? Discrete wetland hvdrologic connection E\plam
? Ecological connection Explain
? Separated by berm/barrier L\plam
(d) Prommity (Relationship) to INW
Project wetlands are Ptck'4]is[ river miles from TNW
Project waters are Pick List aerial (straight) miles from TNW
I low is from Pick?list
Fstimatr approximate location of wetland as within the Piek List floodplain
(u) Chemical Characteristics
Charact(n/e wetland svstem (e g water color IS clear brown oil film on surface water qualit, general watershed
characteristics etc ) Fvplam
Identity specific pollutants it known
(III) Biological Characteristics Wetland supports (check all that apply)
? Riparian bullLr Characteristics (type average width)
? Vegetation tNpe/percent (.over Explain
? Habitat for
? Federally Listed Species F\plam findings
? Fish/spawn areas L \plam findings
? Other environmentally-sensitive species Etplam findings
? Aquatie/wildlite di,,ersit? Explain findings
3 Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulatiec analysis Pick%- st
Apprommatel\ ( ) acres in total are being considered in the eumulativc analysis
I-or cach wetland speul\ thL following
DirL01% abuts' (Y/N) St/L (in aLrLS) DirLctls abuts' (Y/N) SIZL (in acrLSl
Summarl/L oVLrall bIO102ILal LhemtLal and ph%S]Lal functions bang performed
C SIGNIFICANT NE\LS DETERMINATION
A significant nexus analysts 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 thev 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 e-*aluating 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 trtbutarv 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 tnbutan in combination with its adlacent wetlands (it any) have the capacity to earn pollutants or flood waters to
I N Ws or to rLduLL thL amount of pollutants or flood eaters rLaLhmg a TNW'
• Does the tnbutan in Lombination with its adlaccnt wetlands (it any) provide habitat and lifLLyLIL support functions for fish and
other Species suLh as feeding nesting Spaw nmg or rearing \ dung for spLULS that are present in the IN W I
• Does thL tnbutan in Lombination with its adlaLent \%Ltlands (it anv) have the capacity to transtLr nutriLnts and orgamL carbon that
support downstream foodwebs'
• DOLS thL tributan in combination with its adlaLent wetlands (it anv) havL other relationships to the physical Lhemical or
biological integnt, of the TN W9
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 f plain
findings of preSLnLe or absencL of signifiLant nevus below based on thL tributan 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 I Spldin findings of prescnLe or abunLe of significant nexus below based on the tributan in combination with all of it',
adjaLLnt wetlands thLn go to SWion III D
3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW F\plam findings of
prLsLnLe or absenLe of signifiLant news below based on thL trtbutarv in Lombination with all of its adlaLent wetlands then so to
SLLtion III D
D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY)
1 TNWs and Adjacent Wetlands Check all that appi\ and provide st/L estimatLs in rLVILw area
? TNWs IinLar fLLt width (tt) Or acres
? Wetlands adjacent to TNWs acres
2 RPWs that flow directly or indirectly into TNWs
® f ributaries of TNWs where tnbutariLs tripiLall\ flow year-round arL lunsdiLtional ProvidL data and rationalL indicating that
tributan IS pLrenmal Stream has prominent high water mark and aquatic insects present
? Tributaries of TNW where tributaries have continuous flow seasonally (e g typicalb, three months each }ear) are
jurisdictional Data supporting this conclusion is providLd at Section III B Provide rationale indicating that tributary flows
seasonalh
Provide c,stimatc,s for jurisdictional %%aters in the review area (check all that appl,,)
® 1 ributan waters 130 Imcar teet3width (ft)
? Other non-wetland waters aeres
IdentiI\ type(s) of waters
3 Non-RPWs8 that flow directly or indirectly into TNWs
El Watcrbodv that is not a I NV\k or an RPW but Ilows dinc.tl\ or tndirectl\ into a TNW and it has a significant nevus with a
I NW 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 )
? fributary waters linear tcet width (ft)
? 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 tvpicaIly flow vear-round Provide data and rationale
mdieatmg that tributan 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 tvptcally flow seasonally Provide, data indicating that tributary is
seasonal in Section 111 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 the} arc adjacent
and with similarly situated adjacent wetlands have a significant nevus with a TNW are jurisidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for jurisdiLtional 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 similar],, situated adjacent wetlands have a significant nevus with a TN W are jurisdictional Data supporting this
conclusion is provided at Section I I I C
Provide estimates for jurisdictional wetlands in the review area acres
7 Impoundments of, jurisdictional waters 9
As a general rule the impoundment of a jurisdictional tributarv 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 nevus to commerce (see E below)
E ISOLATED INTERSTATE OR INTRA-STATES WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANI
SUCH WATERS (CHECK ALL THAT APPLY) 10
? which arc or could be used by interstate or foreign travelers for recreational or other purposes
? from which fish or shellfish arc, 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 taetors Explain
Identify water body and summarize rationale supporting determination
"See Footnote. # 3
To complete, the anal,,sis refer to the key in Section III D 6 of the Instructional Guidebook
Prior to asserting or declining CNN A,jurisdiction based solely on this categorv, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CW 4 Act Jurisdiction Following Rapanos
Provide esllma[cs for jurisdictional waters in the review area (check all that apply)
? I ributarv waters Imear teet width (tt)
? Other non-wetland eaters acres
Ideotih type(s) of haters
? Wetlands acres
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY)
? It potential wetlands were assessed within the review area. these areas did not meet the criteria in the 1987 Corps of Fngu%Lrs
Wetland Delineation Manual and/or appropriate Regional Supplements
? Review area mcluded isolated waters with no substantial nexus to mterstate (or foreign) commerce
? Prior to the Jan 2001 Supreme Court deusion in SIP INCC the review area would have been regulated based solely on the
Migratory Bird Rule (MBR)
? Waters do not meet the Significant Nexus standard where such a finding is required for jurisdiction Fxplam
? Other (explain if not covered above)
Provide acreage OtimateS for non-jurisdictional waters in the review area where the sole potential basis of jurisdiction is the MBR
tactors (i e presence of migratory birds presence of endangered speues use of water for irrigated agriculture) using best professional
judgment (check all that appl} )
? 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 Sigmficant 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
F1 Other non-wetland eaters 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 be mcluded in case file and where eheeked
and requested appropriately rcterence 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
? Otficc concurs with data sheets/delineation report
? Otfiee does not eoneur with data sheets/delineation report
? Data sheets prepared by the Corps
? Corps navigable waters studv
? U S Geological Survey Hydrologic Atlas
? USGS NHD data
? USGS 8 and 12 digit HUC maps
Q U S Geological Survev map(s) Cite scale & quad name 1 24000 Sandymush Quadrangle
USDA Natural Resources Conservation Service Soil Survey Citation
? National wetlands inventory map(s) Crtc name
? State/Local wetland inventory map(s)
? FLMA/FIRM maps
? 100-vear Floodplain Elevation is (National Geodecti(. Vertical Datum of 1929)
® Photographs ? Aerial (Name & Date)
or ® Other (Name & Date) Stream photos in NWP Application 9/9/2008
? Previous determination(s) File no and date of response letter
? Applicable/supporting case jaw
? Appheable/supportmg scientific literature
? Other information (please specity )
B ADDITIONAL COMMENTS TO SUPPORT JD
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT: SR 1395 Willow Cove Rd.
LOCATION: From SR 1394 to EOM
WORK TYPE: Grade, Drain, Base, & Pave
WORK ORDER: 13 c.011117 PRIORITY: Rural # 9
COUNTY: Buncombe TOWNSHIP: Sandy Mush
DATE 9-2-08 SCALE: 1" = 50'
NOTES: 60' R/W, Property 3: 45' R/W
Length : 5,060' _ .96 mi.
PREPARED BY: JSA/JMD/JPR

Page 1 of 1
PIPE DATA SR 1395 Willow Cove Rd.
County:
Buncombe
WORK ORDER
STATION PRESENT
SIZE PROPOSED
SIZE NOTES
10+87 20'x15" CMP Drive Pipe
11+07 30'x24"CMP 40'x24"CMP Cross Pipe/ Ext 10'
16+50 40'x18" CMP Cross Pipe
22+68 40'x15" CMP Drive Pipe
23+20 30'x18"CMP 40'x18" CMP Cross Pipe/ Ext 10'
27+02 30'x18"CMP 40'x18" CMP Cross Pipe/ Ext 10'
32+23 20'x48"CMP 40'x48" CMP Cross Pipe/ Ext 20'
38+03 30'x48"CMP 40'x48" CMP Cross Pipe/ Ext 10'
40+81 30'x15"CMP 40'x18" CMP Cross Pipe/ Replace e '
45+54 35'x24"CMP 40'x24" CMP Cross Pipe/ Ext 5'
51+16 30'x24"CMP 40'x24" CMP Cross Pipe/ Ext 10'
54+08 25'x24"CMP 40'x24" CMP Cross Pipe/ Ext 15'
56+62 25'x24"CMP 40'x24" CMP Cross Pipe/ Ext 15'
60+18 30'x15"CMP 40'x18" CMP
'
Cross Pipe/ Replace /0

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Name SANDYMUSH Location 035 6335182° N 082 8359735° W
Date 9/8/2008 Caption SR 1395/Willow Cove Road
Scale 1 inch equals 1000 feet Buncombe Co, NC
Copynght (C) 1998 Maptech, Inc
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