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Home My WebLink About20120751 Ver 1_Application_20120808� a ,,.swsa STATE OF NORTH CAROLINA 0� 400 o� o -,Ole '1 sT k� DEPARTMENT OF TRANSPORTATION 'ray BEVERLY EAVES PERDUE EUGENE A CONTI JR GOVERNOR SECRETARY July 10, 2012 Ms Loretta Beckwith NCDOT Regulatory Project Manager U S Army Corps of Engineers 151 Patton Avenue Room 208 Asheville NC 28801 -2714 Subject Nationwide 3 Permit Application Bridge #2 Cherokee Co NC -141 — Slow Creek Cherokee County State Project No 14B 102011 (DWQ Permit fee $240) Dear Ms Beckwith The North Carolina Department of Transportation ( NCDOT) proposes to move the Channel under Bridge number 2 in Cherokee County on NC 141 Currently the stream is conveyed under the bridge, and the channel is eroding material and exposing the piles and end bent Fill material will be replaced and covered with class B rip rap and the channel returned under the center of the bridge I am enclosing a drawing showing the proposed work a marked county map a USGS map and photographs The North Carolina Natural Heritage Program database lists There are no federally threatened and endangered species The best management practices will be used to minimize and control sedimentation and erosion on this project Sandbags will be used to divert water away from the work area to minimize erosion and sedimentation from the Channel change The construction foreman will review all sedimentation control measures to ensure sedimentation is controlled effectively The sedimentation control devices will be In place prior to construction Impacts to Waters of the United States Slow Creek (DWQ WS IV) is shown as a perennial stream on thefUSGS topographic map The stream is approximately 10 feet wide with a well defined channel composed primarily of cobble sand and gravel The channel lacks vegetation Slow Creek flows approximately 1 8 V 2 miles Peachtree Creek Peachtree Creek then flows approximately 1 5 miles to the Hiwasee River The Hiwassee River meets the definition of a Traditional Navigable Water For these reasons we believe that Slow Creek is a Relatively Permanent Water under the jurisdiction of the U S Army Corps of Engineers In order to replace the culverts it will be necessary to impact waters of the United States in the French Broad River Basin (CU 06010105) Listed below is a summary of the proposed impacts Site Existing Condition Proposed Condition Net Impact Free Flowing Realigned channel flowing under center of 95 Site 1 Stream bridge Total Permanent Impact in linear feet 95 Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act for the construction project outlined above By copy of this letter, I am asking Mr David McHenry Mountain Region Coordinator of the North Carolina Wildlife Resources Commission ( NCWRC) to comment directly to you concerning this 404 Nationwide Permit request In addition I am asking Mr McHenry and Mr Ed Ingle Roadside Environmental Field Operations Engineer ( NCDOT) to comment directly to me concerning this permit request If you have any questions or need additional information please contact Mr Chris Lee or myself at (828) 488 0902 Sincere� Patrick F Springer B, Division 14 Engineering Technician Enclosures cc Mr David Wainwright DWQ, DENR, Raleigh (4 copies) Mr Mike Parker, Division of Water Quality, DENR Asheville (1 Courtesy Copy) Mr David McHenry, Mountain Region Coordinator, NCWRC Mr Jason Mays Biologist U S Fish and Wildlife Service Asheville Mr Mark T Gibbs P E Division 14 Maintenance Engineer NCDOT Mr Chris Lee P E, Division 14 Bridge Maintenance Engineer, NCDOT Mr E L Ingle, Roadside Environmental Field Operations Engineer NCDOT 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 Bridge 2 on NC 141 over Slow Creek Channel Realignment State NC County/parish/borough Cherokee City Murphy Center coordinates of site (lat/long in degree decimal format) Lat 35 0968 N Long 83 9455 W Universal Transverse Mercator Name of nearest waterbody Slow Creek (Class C) Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Hiawassee River Name of watershed or Hydrologic Unit Code (HUC) 06020002100040 ® Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request 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 January 31 2012 ® Field Determination Date(s) January 12 2012 SECTION II SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION There Arl e o 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 Are waters of the US within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required] 1 Waters of the U S a Indicate presence of waters of U S in review area (check all that apply) i ❑ TNWs including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs Q Non RPWs that flow directly or indirectly into TNWs ❑ 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 0 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 200 linear feet 10 width (ft) and/or acres Wetlands acres c Limits (boundaries) of jurisdiction based on Established by OHWMI Elevation of established OHWM (if known) 2 Non regulated waters /wetlands (check if applicable) 3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not 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) ' 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 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) ► 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 waterbody4 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 (►) General Area Conditions Watershed size P►ck _L st Drainage area Pick L►st Average annual rainfall inches Average annual snowfall inches (u) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through R L t tributaries before entering TNW Project waters are Pi k L river miles from TNW Project waters are Pick List river miles from RPW Project waters are Pick List aerial (straight) miles from TNW Project waters are Pick List aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW5 Tributary stream order if known Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and West 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 apply) Tributary is ❑ Natural ❑ Artificial (man made) Explain ❑ Manipulated (man altered) Explain Tributary properties with respect to top of bank (estimate) Average width feet Average depth feet Average side slopes Pick List Primary tributary substrate composition (check all that apply) ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type /% cover ❑ Other Explain Tributary condition /stability [e g highly eroding sloughing banks] Explain Presence of run/riffle /pool complexes Explain Tributary geometry _ ick List Tributary gradient (approximate average slope) % (c) Flow Tributary provides for Pick List Estimate average number of flow events in review area/year Pic List Describe flow regime Other information on duration and volume Surface flow is Pick List Characteristics Subsurface flow >_ck Li f Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ❑ Bed and banks ❑ OHWM6 (check all indicators that apply) ❑ clear natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down bent or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ ❑ High Tide Line indicated by ❑ ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list) the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community me lateral extent of CWAjurisdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum ❑ physical markings ❑ vegetation lines /changes in vegetation types (iii) Chemical Characteristics Characterize tributary (e g water color is clear discolored oily film water quality general watershed characteristics etc ) Explain Identify specific pollutants if known 6A natural or man made discontinuity in the OHWM does not necessarily sever jurisdiction (e g where the stream temporarily flows underground or where the OHWM has been removed by development 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 'Ibid (iv) Biological Characteristics Channel supports (check all that apply) ❑ Riparian corridor Characteristics (type average width) ❑ Wetland fringe Characteristics ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings ❑ Other environmentally sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 2 Characteristics of wetlands adjacent to non TNW that flow directly or indirectly into TNW (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non TNW Flow is P►crt t Explain Surface flow is Pick _L_ t_ Characteristics Subsurface flow Pick List Explain findings ❑ Dye (or other) test performed (c) Wetland Adjacency Determination with Non TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm/barrier Explain (d) Proximity (Relationship) to TNW Project wetlands are F ick List river miles from TNW Project waters are Pick List aerial (straight) miles from TNW Flow is from Fie Listr� Estimate approximate location of wetland as within the Pick List 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 (iii) Biological Characteristics Wetland supports (check all that apply) ❑ Riparian buffer Characteristics (type average width) ❑ Vegetation type /percent cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally sensitive species Explain findings ❑ 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 iPlckList Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland specify the following Directly abuts9 (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological chemical and physical functions being performed C SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity of a TNW For each of the following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more than a speculative or insubstantial effect on the chemical physical and /or biological integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tributary and its proximity to a TNW and the functions performed by the tributary and all its adjacent wetlands It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a tributary and its adjacent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or outside of a 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 TNW? • Does the tributary in combination with its adjacent wetlands (if any) provide habitat and lifecycle support functions for fish and other species such as feeding nesting spawning or rearing young for species that are present in the 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 in 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 linear feet width (ft) Or acres Wetlands adjacent to TNWs acres 2 RPWs that flow directly or indirectly into TNWs ® Tributaries of TNWs where tributaries typically flow year round are jurisdictional Provide data and rationale indicating that tributary is perennial The stream is shown on the USGS topographic map as perennial Q Tributaries 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 tributary flows seasonally Provide estimates for jurisdictional waters in the review area (check all that apply) ® Tributary waters 200 linear feet 10 width (ft) ❑_ Other non wetland waters acres Identify type(s) of waters 3 Non RPWss that flow directly or indirectly into TNWs ❑ Waterbody that is not a TNW or an RPW but flows directly or indirectly into a 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) n Tributary waters linear feet width (ft) ❑ Other non wetland waters acres Identify type(s) of waters 4 Wetlands directly abutting an RPW that flow directly or indirectly into TNWs ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands ❑ Wetlands directly abutting an RPW where tributaries typically flow 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 is seasonal in Section III B and rationale in Section III D 2 above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates for jurisdictional wetlands in the review area acres 5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs Wetlands that do not directly abut an RPW but when considered m combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for jurisdictional wetlands in the review area acres 6 Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs F-1 adjacent to such waters and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional wetlands in the review area acres 7 Impoundments of jurisdictional waters 9 As a general rule the impoundment of ajurisdictional tributary remains jurisdictional 0 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) E ISOLATED [INTERSTATE OR INTRA STATE] WATERS INCLUDING ISOLATED WETLANDS THE USE DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY) io ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes El from which fish or shellfish are or could be taken and sold in interstate or foreign commerce ❑ which are or could be used for industrial purposes by industries in interstate commerce 0 Interstate isolated waters Explain ❑ Other factors Explain Identify water body and summarize rationale supporting determination '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 Jurisdiction Following Rapanos Provide estimates for Jurisdictional waters in the review area (check all that apply) ❑ Tributary waters linear feet width (ft) ❑ Other non wetland waters acres Identify type(s) of waters El 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 0 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 solely on the Migratory Bird Rule (MBR) ❑ Waters do not meet the Significant Nexus standard where such a finding is required for Jurisdiction Explain ❑ Other (explain if not covered above) Provide acreage estimates for non Jurisdictional waters in the review area, where the sole potential basis of Jurisdiction is the MBR factors (i e presence of migratory birds presence of endangered species use of water for irrigated agriculture) using best professional Judgment (check all that apply) ❑ Non wetland waters (i e rivers streams) linear feet width (ft) Lakes /ponds acres ❑ Other non wetland waters acres List type of aquatic resource ❑ Wetlands acres Provide acreage estimates for non Jurisdictional waters in the review area that do not meet the Significant 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 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) ® Maps plans plots or plat submitted by or on behalf of the applicant/consultant ❑ Data sheets prepared /submitted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑ U S Geological Survey map(s) Cite scale & quad name ❑ USDA 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 Geodectic Vertical Datum of 1929) ® Photographs ❑ Aerial (Name & Date) or ® Other (Name & Date) Culvert site January 2012 ❑ Previous determination(s) File no and date of response letter ❑ Applicable /supporting case law ❑ Applicable /supporting scientific literature Q Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD 0 �0� W A 7 F9QG 7 1 1 > =r Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification PC Form A Applicant Information 1 Processing 1 a Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b Specify Nationwide Permit (NWP) number NW 3 or General Permit (GP) number 1 c Has the NWP 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 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 Bridge 2 Stream Realignment and Streambank Stabilization 2b County Cherokee 2c Nearest municipality / town Andrews 2d Subdivision name N/A 2e NCDOT only T I P or state project no 14B 102011 3 Owner Information 3a Name(s) on Recorded Deed North Carolina Department of Transportation 3b Deed Book and Page No N/A 3c Responsible Party (for LLC if applicable) N/A 3d Street address N/A 3e City state zip N/A 3f Telephone no N/A 3g Fax no N/A 3h Email address N/A Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify Engineering Technician 4b Name Patrick F Springer 4c Business name (if applicable) North Carolina Department of Transportation 4d Street address 345 Toot Hollow Rd 4e City state zip Bryson City NC 28713 4f Telephone no 828 488 0902 4g Fax no 828 488 3518 4h Email address pfspnnger @ncdot gov 5 Agent/Consultant Information (if applicable) 5a Name N/A 5b Business name (if applicable) N/A 5c Street address N/A 5d City state zip N/A 5e Telephone no N/A 5f Fax no N/A 5g Email address N/A Page 2 of 11 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) N/A Latitude 35 0968 Longitude 839455 lb Site coordinates (in decimal degrees) (DD DDDDDD) ( DD DDDDDD) 1c Property size N/A acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Slow Creek proposed project 2b Water Quality Classification of nearest receiving water C 2c River basin Hiwassee River 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The project site is at a bridge on a State Primary Road The area is considered rural with a mixture of open and wooded land The land use is a mixture of light industrial commercial and residential 3b List the total estimated acreage of all existing wetlands on the property N/A 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property N/A 3d Explain the purpose of the proposed project To protect the bridge support structure from being undercut and causing a hazardous situation 3e Describe the overall project in detail including the type of equipment to be used The erosion control measures will be installed A new channel will be constructed through a depositional area away from the bridge support The stream will be diverted into the new channel The stream materials removed from new channel will be used to backfill the old channel and the bank will be stabilized with nprap or coir fiber matting The old channel will be returned to a natural state Track hoes dump trucks sandbags and various hand tools will be used to accomplish the work 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No ❑Unknown project (including all prior phases) in the pasty Comments N/A 4b If the Corps made the jurisdictional determination what type ❑ preliminary ❑ Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company N/A Name (if known) N/A Other N/A 4d if yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation N/A 5 Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions N/A Page 3 of 11 PCN Form — Version 1 3 December 10 2008 Version 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain N/A Page 4 of 11 PCN Form —Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary 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 W1 ❑ P ❑ T N/A N/A ❑ Yes ❑ No ❑ Corps ❑ DWQ N/A W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts N/A 2h Comments N/A 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non 404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Channel Realignment and Slow Creek ® PER INT ® Corps DWQ 10 95 Bank Stabilization S2 ❑ P ® T Flow Diversion Slow Creek ® PER ❑ INT ® Corps ❑ DWQ 10 120 S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 95 31 Comments Total Temporary Impact for Impervious Dikes and Flow Diversion 120 Page 5 of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ P ❑ T N/A N/A N/A N/A 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 417 Total open water impacts N/A 4g Comments N/A 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 purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 N/A N/A N/A N/A N/A N/A N/A N/A P2 5f Total N/A N/A N/A N/A N/A N/A N/A 5g Comments N/A 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no N/A 51 Expected pond surface area (acres) N/A 5j Size of pond watershed (acres) N/A 5k Method of construction N/A 6 Buffer Impacts (for DWQ) 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 Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired� B1 ❑ P ❑ T N/A N/A ❑ Nos N/A N/A B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h Total buffer impacts N/A N/A 61 Comments N/A Page 6 of 11 PCN Form — Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The channel will be moved only a sufficient distance to protect the bridge support structure Rock for stabilization will be minimized Coir fiber matting will be used along the bank distal to the bridge support 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Appropriate BMPs according to the approved erosion and sedimentation control plan will be installed on the project prior to beginning work An impervious dike and diversion pipe if needed will be used to direct the flow away from work areas 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 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank N/A 3b Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 3c Comments N/A 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ®cold 4d Buffer mitigation requested (DWQ only) N/A square feet 4e Riparian wetland mitigation requested N/A acres 4f Non riparian wetland mitigation requested N/A acres 4g Coastal (tidal) wetland mitigation requested N/A acres 4h Comments N/A 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan N/A Page 7 of 11 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 1 5 6f Total buffer mitigation required N/A 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) N/A 6h Comments N/A Page 8 of 11 PCN Form — Version 1 3 December 10 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes then is a diffuse flow plan included? If no explain why ❑ Yes ❑ No Comments N/A 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? N/A % 2b Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan explain why N/A 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan Project is covered by individual NPDES Permit NCS000250 ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local governments jurisdiction is this project? N/A ❑ 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 ❑ HQW 4a Which of the following state implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a 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)? 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 El No letter) Comments N/A 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after the fact permit application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) N/A 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development which could impact nearby downstream water quality? 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description This project involves the realignment of a channel to protect a bridge support structure The road is not being upgraded No secondary or cumulative impact would be expected from this maintenance activity 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility N/A Page 10 of 11 PCN Form —Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? El Raleigh 5c If yes indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program Database 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? N/A There are no marine or estuarine habitats in the Blue Ridge Physiographic Province 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? The project is located within existing NCDOT right of way at a single stream crossing The construction area has been previously impacted by the road and scouring within the stream channel Therefore no impacts to cultural resources would be expected from this maintenance activity 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 The channel is being shifted a minimal amount An equal amount of depositional material to the rock stabilization will be removed from the channel so that the hydraulic opening is not decreased 8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Patrick F Springer - �- �< 25 July 2012 Applicant/Agent s Printed Name Date Applicant/Agerft s Signature (Agents signature is valid only if an authorization letter from the applicant is provided ) Page 11 of 11 PCN Form — Version 1 3 December 10 2008 Version n I. • - -•rte:_ - �- "';:..� • • 2 Channel Downstream Of •• ,�+�, �� Y "k �' .'� "' ,� ' . .�,'�� Fit^ 7 ' �+� � �r� < ` , '}"�'+•`i,. '.` ^{•. .., 'rt+'i•ti.c�,~`��•�.' 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