20120119 Ver 1_Application_20120206

01
STATE OF NORTH CAROLINA
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FEB
0 62012
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DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
January 19, 2012
U S Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 5006
ATTN Ms Lon Beckwith
NCDOT Coordinator
EUGENE A CONTI JR
SECRETARY
g2042�
Subject Application for Section 404 Regional General Permit 31 for the proposed
replacement of Bridges No 235 & No 238 over Hominy Creek and SR
3431(Pond Rd ) on I -26 in Buncombe County, Federal Aid Project No BRZ-
1326(3), Division 13, TIP No B -5178, WBS Element 42549 1 1
Dear Madam
The North Carolina Department of Transportation ( NCDOT) proposes to replace Bridges
No 235 and No 238 over Hominy Creek and SR 3431 (Pond Rd) on I -26 with a single 4
span, pre - stressed concrete girder bridge There will be 304 feet of temporary impacts to
surface waters that will result from causeways utilized in bridge demolition and
construction There will be no permanent impacts to surface water resulting from this
project
Please see enclosed copies of the Pre - Construction Notification (PCN), stormwater
management plan, NCDOT Mussel Survey Memo, Preliminary Jurisdictional Determination,
permit drawings, and design plans for the above - referenced project The Programmatic
Categorical Exclusion (PCE) was completed in December 2010 and was distributed shortly
thereafter Additional copies are available upon request
Comments from the North Carolina Wildlife Resources Commission (NCWRC) will be
required prior to authorization by the Corps of Engineers By copy of this letter and
MAILING ADDRESS TELEPHONE [phone] LOCATION
NC DEPARTMENT OF TRANSPORTATION FAX [phone] ATLANTIC AVENUE
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS SUITE 116
1598 MAIL SERVICE CENTER WEBSITE WWW NCDOT ORG RALEIGH NC 27604
RALEIGH NC 27699 1598

attachment, NCDOT herby requests NCWRC review NCDOT request that NCWRC
forward their comments to the Corps of Engineers and the NCDOT within 30 calendar days
of receipt of this application
This project calls for a letting date of August 21, 2012 and a review date of June 26, 2012
however, the let date may advance as additional funding becomes available
A copy of this permit application and its distribution list will be posted on the NCDOT
website at http / /www ncdot org /doh/preconstruct/pe /neu/permit html If you have any
questions or need additional information, please a mail Jeff Hemphill at
jhemplull@ncdot gov
Sincerely,
_14
Gregory J Thorpe, Ph D Manager
Project Development & Environmental Analysis Unit
Cc NCDOT Permit Application Standard Distribution List
File

O�0� WA
h r
p Y
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
1 a
Type(s) of approval sought from the
Corps
® Section 404 Permit El Section 10 Permit
lb Specify Nationwide Permit (NWP) number or General Permit (GP) number 198200031
1c
Has the NWP or GP number been venfied by the Corps?
❑ Yes ® No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
[:1401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
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
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 Bridges 235 & 238 on 126 over Hominy Creek & SR 3431
2b
County
Buncombe
2c
Nearest municipality I town
Asheville
2d
Subdivision name
not applicable
2e
NCDOT only T I P or state
project no
B 5178
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
lhemphdl @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 35 5456 Longitude 82 6046
(DD DDDDDD) ( DD DDDDDD)
1 c Property size
4 75 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
French Broad River
proposed project
2b Water Quality Classification of nearest receiving water
C
2c River basin
French Broad
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
Urban commercial
3b List the total estimated acreage of all existing wetlands on the property
0
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
1 248
3d Explain the purpose of the proposed project
To replace structurally deficient (and/ or) functionally obsolete bridges
3e Describe the overall project in detail including the type of equipment to be used
The project involves replacing (2) 4 span 250 & 319 steel girder bridges with a 330 5 x 155 4 spans pre stressed
concrete girder 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 /
®Yes [:1 No El Unknown
project (including all prior phases) in the pasty
Comments Yes
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 EcoScience
I
Name (if known) Elizabeth Scherer
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
October 11 2011
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
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain
This project was split from 12513

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 T
Site 1 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
Site 2 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
Site 3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
Site 4 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
Site 5 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
Site 6 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
2g Total wetland impacts
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 (T)
(INT)?
DWQ — non -404
(feet)
other)
Site 1 ❑ P ® T
Causeway
Hominy Creek
® PER
❑ INT
® Corps
❑ DWQ
33
304
Site 2 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
Site 3 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
Site 4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
❑ PER
❑ Corps
Site 5 ❑ P ❑ T
❑ INT
❑ DWQ
Site 6 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
3h Total stream and tributary impacts
304 Temp
31 Comments

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 T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑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)
5l 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 El 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 T
required?
El Yes
131 ❑P ❑T
❑ No
El Yes
B2 ❑P ❑T
❑ No
El Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
61 Comments

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 existing bridges will be utilized as onsite detours during staged demolition & construction thereby reducing impacts
from a temporary onsite detour
lb
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
No deck drains will be on the proposed bridge and stormwater will be discharged as far away from the tream as
possible Grass ditches will be used to convey runoff where possible No interior bents will be located in Hominy Creek
thereby avoiding permanent impacts from this project Hominy Creek is listed on the NCDWQ 2010 303(d) list for
turbidity therefore Design Standards in Sensitive Watersheds will be implemented for this project
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 Waters of the State?
❑ Yes ® No
If no explain
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
[:3 Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank not applicable
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
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
0 linear feet
4c
If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
square feet
4e
Riparian wetland mitigation requested
acres
4f
Non riparian wetland mitigation requested
acres
4g
Coastal (tidal) wetland mitigation requested
acres
4h Comments
5
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a perirnttee responsible mitigation plan provide a description of the proposed mitigation plan

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
buffer mitigation?
❑ Yes ® No
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
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(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
4a Which of the following state implemented stormwater management programs apply
❑ HQW
(check all that apply)
❑ ORW
la
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
1b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
attached?
Comments if yes see attached permit drawings
5 DWQ 401 Unit Stormwater Review
2
Stormwater Management Plan
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
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 government s jurisdiction is this project?
not applicable
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
apply (check all that apply)
❑ NSW
El El ❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
A
n%A/n 0r^nrnm POVIOW
❑ 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?
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 E] 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 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)
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?
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?
EcoScience field surveys Virginia spiraea Mountain sweet pitcher plant and Bunched arrowhead June 2010 No Effect
A December 2011 review of the North Carolina Natural Heritage database determined No specimens within one mile of
the project Appalachian Elktoe Spotfin chub &Tan nffleshell No Effect (For the aquatic species please refer to the
attached mussel survey report dated January 5 2012
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?
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 floodplam?
® 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
iF /
la vl 19 Zal2
Dr Gregory J Thorpe, PhD
—L
Applicant/Agents Printed Name
Date
Applican Agents Signature
(Agents signature is valid only if an authorization letter from the applicant
is provide d
11

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4D]
STATE OF NORTH CAROLINA
DEPARTNMNT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A CONTI JR
GOVERNOR SECRETARY
January 5 2012
Memorandum to Jeffrey Hemphill Environmental Specialist Western Group
Natural Environment Section Project Management Group
From Matt Haney Environmental Specialist
Natural Environment Section Biological Surveys Group
Subject Freshwater mussel survey report for proposed replacement of Bridge
Numbers 235 and 238 over SR 3431 (Pond Road) and Hominy Creek on
126 Buncombe County TIP No B -5178
The North Carolina Department of Transportation proposes to replace Bridge Numbers 235 and
238 over SR 3431 (Pond Road) and Hominy Creek on 126 in Buncombe County (TIP B 5178) Hominy
Creek is in the French Broad River basin The federally threatened spotfin chub (Erimonax monachus)
federally endangered Appalachian elktoe (Alasmidonta ravenehana) and federally endangered tan
riffleshell (Epioblasma florentma walkers) are listed by the U S Fish and Wildlife Service (USFWS) as
potentially occurring in Buncombe County The record status for spotfin chub and Appalachian elktoe is
historic The record status for tan riffleshell is historic and obscure
From its headwaters Hominy Creek flows approximately 14 5 miles to the proposed project
The spotfin chub is not known to occur in the French Broad River basin Spotfin chubs mhabit clear
water over gravel boulders and bedrock in large creeks and medium-sized rivers having moderate
current This fish is rarely seen over sand and appears to avoid silty areas
The Appalachian elktoe is known to occur in the French Broad River basin in the Mills River in
Henderson County and in the Little River in Transylvania County The species has been reported from
relatively shallow medium sized creeks and rivers with cool clean well oxygenated moderate- to fast
flowing water The species is most often found in riffles runs and shallow flowing pools with stable
relatively silt free coarse sand and gravel substrate associated with cobble boulders and/or bedrock
Stability of the substrate appears to be critical to the Appalachian elktoe and the species is seldom found
in stream reaches with accumulations of silt or shifting sand gravel or cobble Individuals that have been
encountered in these areas are believed to have been scoured out of upstream areas during periods of
heavy rain and have not been found on subsequent surveys
Historically the tan riffleshell inhabited headwaters of the French Broad River Only a few
small populations are known to survive in Big South Fork Cumberland River in Kentucky and Tennessee
This species is found in headwaters riffles and shoals in sand and gravel substrates (Bogan & Parmalee
1983)
A review of the NC Natural Heritage Program database and the NC Wildlife Resources
omissionn (NCWRC) database was conducted (January 2012) to determine if there were any records of
MAILING ADDRESS
NC DEPARTMENT OF TRANSPORTATION TELEPHONE [phone] LOCATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 Birch Ridge Or
NATURAL ENVIRONMENT UNIT FAX [phone] Raleigh NC 27610
1598 MAIL SERVICE CENTER
RALEIGH NC 27699 1598 WEBSITE WWW NCDOT ORG

rare mussels or fish within the proposed project study area or receiving waters This review indicated
that there are no known occurrences of the spotfin chub, Appalachian elktoe or tan riffleshell in
Hominy Creek There is an historic occurrence of Appalachian elktoe in the Swannanoa River
approximately 0 7 mile upstream of the confluence of the Swannanoa River and French Broad River
This occurrence was approximately 7 5 river miles from the proposed project In addition the French
Broad River contains an historic record of Appalachian elktoe approximately 7 8 river miles upstream of
the project Despite numerous surveys on the French Broad and Swannanoa Rivers no federally listed
mussels have been found in recent years
Several surveys of Hominy Creek, North Hominy Creek and South Hominy Creek have been
conducted from 2002 to 2005 (Table 1) No mussels were found during any of these surveys The R
4406 project was surveyed at 3 sites (SR 3620 SR 3113 and SR 3412) A map is attached showing the
location of each project
Table 1 Hominy Creek Surveys
Date
TIP
Waterbody
Road Crossing
9/02
B 3614
Hominy Creek
SR 1141
10/02
B 3414
South Hominy Creek
NC 151
9/03
B 4037
South Hominy Creek
SR 3452
10/04
B 4033
Hominy Creek
NC 112
5/05
B 4445
1 North Hominy Creek
SR 1123
5/05
R 4406
Hominy Creek
US 19/23
10/05
I4401
Hominy Creek
I40
In 2007 NCDOT conducted a fish survey for B 4034 which is approximately 14 river miles
upstream of the proposed project In addition DWQ has collected extensive fish data from the South
Hominy Creek watershed No spotfin chubs have been collected from Hominy Creek
Due to the fact that no mussels have ever been found in Hominy Creek and that no spotfin chubs
have ever been found in Hominy Creek, this project will have no effect on the spotfin chub Appalachian
elktoe or tan riffleshell Furthermore Steve Fraley with the NCWRC commented that NCWRC s
experience and data from the project area indicate that no additional aquatic surveys should be necessary
The most recent surveys in the area were conducted by the Catena Group Inc and were consistent with
that conclusion It is many miles to the nearest extant population of any fish or mussel of significant
conservation interest and it is highly unlikely that there are any sensitive species in the vicinity of the
project that would be significantly impacted by the direct protect activities (Steve Fraley NCWRC pers
comm January 4 2012)
Biological Conclusions No Effect for spotfin chub (Ertmonax monachus), Appalachian elktoe
(Alasmidonta ravenehana) or tan riffleshell (Eptoblasma florentina walker) for B -5178
REFERENCES
Bogan A E and P W Parmalee 1983 Tennessee's rare wildlife Vol 2 The mollusks Tennessee
Wildlife Resources Agency and the Tennessee Conservation Department Nashville Tennessee
123 pp
cc Vincent Rhea P E Project Planning Engineer
PDEA Project Development Unit

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U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Acton Id 2004 -30253
County Buncombe
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner N C Department of Transportation
Attn Mr Jeff Hemphill
1598 Mad Service Center
Ralemli, North Carolina 27699 -1598
Property description
Size (acres) Study Area shown on Figures 2A 2D (attached)
Nearest Town Asheville
Nearest Waterway French Broad
River Basin French Broad
USGS HUC 06010105
Location description 126 Connector (TIP No I- 25131 While a small portion of the study area is located
to the east of the French Broad River, in and southwest of Asheville, the majority of the study area is located
to the west of the French Broad River, in and southwest of Asheville, Buncombe County, North Carolina
Indicate Which of the Followma Apply
A. Prehmmary Determination
X Based on prehggM information, there may be waters of the United States (U S ) on the above described
property We strongly suggest you have this p1optM Mected to determine the extent of Department of the
AM (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps
This orelimmary determination is not an appealable action under the Regulatory Program Administrative
Appeal Process ( Reference 33 CFR Part 331
B Approved Determination
There are Navigable Waters of the U S within the above described property subj ect to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change
in the law or our published regulations this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are waters of the U S on the above described property subject to the permit requirements of Section 404
of the Clean Water Act (CWAx33 USC § 1344) Unless there is a change in the law or our published
regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
We strongly suggest you,have the waters of the U S on your property delineated Due to the size of your
property and/or our presenVworkload the Corps may not be able to accomplish this wetland delineation in a
timely manner For a more timely delineation, you may wish to obtain a consultant. To be considered final
any delineation must be verified by the Corps
The waters of the U S on-your property have been delineated and the delineation has been verified by the
Corps We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas
subject to CWA jurisdiction on your property which, provided there is no change in the law or our published
regulations may be rehed upon for a period not to exceed five years

Action Id 2004 -30253
The waters of the U S have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on _ Unless there is a change in the law or our published
regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U" S to include wetlands present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in
the law or our published regulations this determination may be relied upon for a period not to exceed five years
from the date of this notification.
Placement of dredged or fill matenal within waters of the U S without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding
this determination and/or the Corps regulatory program please contact Lori Beckwith at 828-2717980, east. 223
C Basis For Determination
D Remarks Approximate boundaries of waters are shown on Figures IA — 1AB dated December 2009 and on
Figures 3I and 3K, dated April 2010
E Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B above)
Attached to this verification is An approved jurisdictional determination If you are not in agreement with that
approved jurisdictional deternuiii bon, 'you can make an administrative appeal under 33 CFR 331 Enclosed you
will find a Notification of Appl Process (NAP) fact sheet and request for appeal (RFA) form If you request to
appeal this determination you must Submit a completed RFA form to the following address
District Engineer, Wilmington Regulatory Program
Attn Lon Beckwith Protect Manager
151 Patton Avenue Room 208
Asheville North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFF part 3315 and that it has been received by the Division Office within 60 days of
the date of the NAP
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence ** SECKVVtTH LORETT pii:C%W1f UO&MAAWLI IM52-164
o. o-M od,S Govam t,.0.0
Corps Regulatory official A ANN 11734522 aid15"
lOHEfTMNN 1173452264
Issue Date October 11, 2011
Copy Furnish by a mail PBS&J Attn Ms Elizabeth Scherrer

Applicant N C Department of Trans rtarion File Number 2004 30253 Date October 11 2011
Attached is See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of rmission B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
i x PRELIMINARY JURISDICTIONAL DETERMINATION E
A INITIAL PROFFERED PERMIT You may accept or object to the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP) you may accept the LOP and your work is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety and waive all rights to appeal the
permit, including its terms and conditions and approvedhuns(hctional determinations associated with the permit
t u! N
• OBJECT If you object to theI�iermit {Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordmgly -You must complete Section Hof this form and return the form to the district engineer Your
objections must be received by the district engineer within 60 days of the date of this notice, or you vnll forfeit your right to appeal
the permit in the future Upon rec4ipt of your letter the district engineer will evaluate your objections and may (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections or (c) not modify the permit
having determined that the permit should be issued as previously written After evaluating your objections the district engineer
will send you a proffered permit for your reconsideration as indicated in Section B below
B PROFFERED PERMIT You may accept or appeal the permit
• ACCEPT If you received } Sthodard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of l ermission (LOP) you may accept the LOP and your work is authorized Your signature
on the Standard Permit or ac ptogce of the LOP means that you accept the permit in its entirety and waive all rights to appeal the
permit, including its term grid cmaditioas and approved jurisdictional determinations associated with the permit
• APPEAL If you ehgose64Qii'i&he Oroffered permit (Standard or LOP) because of certain teens and conditions therem you
may appeal the declined permit 44er the, Corps of Engineers Admuustrative Appeal Process by completing Section H of this form
and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of
this notice
C PERMIT DENIAL You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section Hof this form attd sending the form to the division engineer This form must be received by the division engineer
within 60 days of the date of this nom
D APPROVED JURISDICTIONAL DETERMINATION You may accept or appeal the approved JD or
provide new information ,
• ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by
the division engineer within 60 days of the date of this notice
r
i s`�

E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps
regarding the prelnnmary JD The Preliminary JD is not appealable If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction Also you may provide new
information for further consideration by the Corps to reevaluate the JD
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your
objections tp an initial proffered permit in clear concise statements You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting and any supplemental information that the
review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps
may add new information or analyses to the record However, you may provide additional information to clarify
the location of information that is already in the administrative record
If you have questions regarding tlus decision and/or the If you only have questions regarding the appeal process
appeal process you may contact you may also contact
Lon Beckwith, Project Manager Administrative Appeal Review Officer
USACE Asheville Regulatory Meld Office CESAD ET CO R
151 Patton Ave, Room 208 U S Army Corps of Engineers South Atlantic Division
Asheville, NC 28806 60 Forsyth Street Room 9M15
828 271 -7980 Atlanta, Georgia 30303 -8801
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel and any
government consultants to conduct investigations of the project site during the course of the appeal process You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
mvesti bons
Date
Telephone number
Signatt ime of appellant or ent.
- ti 3 -
For appeals on Initial Proffered rermits and approved Junsdichonal Determinations send this
form to
Distnct Engineer, Wilmi}gton Regulatory Division, Attu Lon Beckwith, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801
For Permit denials and Proffered Permits send this form to
Division Engineer, Commander, U S Army Engineer Division, South Atlantic, Attn
Administrative Appeal Officer, CESAD ET CO -R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303 -8801
4

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ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD)
B NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD
J,Efr-4 -241 NGdvT' I r'I r Mkrt- 6entIll-a
GSot`C& RALk:/b-ft- IUL
C DISTRICT O FICE, FILE NAME, AND NUMBER
t�l /m/ (6 , 6ft ,��- 31) a 5-3
D PROJECT LOCATION(S) AND BACKGROUND INFORMATION
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State NC County /parish /borough Buncombe City Asheville
Center coordinates of site (latllong In degree decimal format) Lat 35 564706
Pick List Long -82 590664 k List
Universal Transverse Mercator
Name of nearest waterbody French Broad River Hominy Creek, Reed Creek Moore Branch
Smith Mill Creek, Ragsdale Creek Trent Branch
Identrfy (estimate) amount of waters in the re i area
Non - wetland waters Vdif linear feet �idth (ft) and /or 27 2 acres
Cowardin Class R4US2/3 R3US1 /3 R3RB1 /2
Stream Flow Ru , mlq- / /(ref' #' Yid'
Wetlands 1182 acres
Cowardin Class PFOIAB /C/F /G
Name of any water bodies on the site that have been identified as Section 10
waters
Tidal
Non Tidal French Broad River
I_ REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY) bw /
Office (Desk) Determination Date 1
Field Determination Dates)'
8

i
I The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site and the permit applicant or other affected party
who requested this preliminary JD Is hereby advised of his or her option to
request and obtain an approved junsdicbonal determination (JD) for that site
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time
2 In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
`pre - construction notification (PCN) or requests verification for a non reporting
NWP or other general permit and the permit applicant has not requested an
approved JD for the activity the permit applicant is hereby made aware of the
following (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terns and conditions of that permit including whatever mitigation
requirements the Corps has determined to be necessary (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable, (6) accepting a permit authorization (e g signing a proffered
Individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are judsdlcdonal waters of the United States and precludes any challenge to
such jurisdiction In any administrative or judicial compliance or enforcement
action or in any administrative appeal or in any Federal court and (7) whether
the applicant elects to use either an approved JD or a preliminary JD that JD
will be processed as soon as is practicable Further an approved JD a proffered
individual permit (and all terms and conditions contained therein) or Individual
permit denial can be administratively appealed pursuant to 33 C F R Part 331,
and that in any administrative appeal jurisdictional issues can be raised (see 33
C F R 331 5(a)(2)) If, during that administrative appeal it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site or
to provide an official delineation of jurisdictional waters on the site the Corps will
provide an approved JD to accomplish that result as soon as is practicable
This preliminary JD finds that there 'rnay be" waters of the United States on the
subject project site and identifies all aquatic features on the site that could be
affected by the proposed activity based on the following information

SUPPORTING DATA Data reviewed for preliminary JD (check all that apply
- checked items should be Included In case file and where checked and
requested appropriately reference sources below)
[xJ Maps plans plots or plat submitted by or on behalf of the
applicant/consuitant•
�xj Data sheets prepared /submitted by or on behalf of the
applicant/consultant.
�6Office concurs with data sheets/dellneation report
0fflce does not concur with data sheetstdellneation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters study
L
xj U S Geological Survey Hydrologic Atlas
U USGS NHD data
❑ USGS 8 and 12 digit HUC maps
U U S Geological Survey map(s) Cite scale & quad name Asheville and Enka, NC 24k quads
❑ USDA Natural Resources Conservation Service Soil Survey Citation
SSURGO soils data
❑ National wetlands inventory map(s) Cite name
❑ State/Local wetland inventory map(s)
U FEMAIFIRM maps 3700 9617) 3700 9627) 3700 9637J 3700 9638J 3700 9639)
Ux 100 -year Floodplain Elevation Is (National Geodectic Vertical Datum
of 1929) 1965 1,998 at French Broad River 2 042 at Hominy Creek, 2 042 2 098 at Ragsdale Creek
Photographs 0Aenal (Name & Date) -%/g --I- M J,kC C aWq 13L=::V JY, fiplau
orZ Other (Name & Date )4Wb --'-21 I Gv-A20
j x Previous determinations) Fit December 11 2003
File no and date of response letter A aon ID 200430253
Other information (please specify) P —AA ' 'A'l Ina (US1Kz- r&zt eA
W aF4k u S a pPp-,M Zon On F� Sys 4-4 (1,exN) -t- &v,
IMPORTANT NOTE The Information recorded on this form has not 3�CArr�b)1
.. .�. . • .• _ w ___ __J _V _..J -_L L_ ..�II�J ....�� t...
f"n"llwatill
$ia, (nature and date of
Regulatory Project Manager
(REQUIRED)
10
WgrratUr "Ad date of V ( /
person requesting preliminary
(REQUIRED, unless obtaining
the signature Is impracticable)

PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO NAMES ADDRESSES
P O BOX 1276
10 MURMAX LLC
COLUMBUS NC 28722
a
N D® JL
DIVISION OF HIGHWAYS
BUNCOMBE COUNTY
PROJECT 4254911 (B-5178)
REPLACE BRIDGES 0235 AND
028 OVER HOMINY CREEK
AND SR 331 ON 1-26
SHEET OF 9/26/11
Permit Drawing
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