HomeMy WebLinkAbout20130131 Ver 1_Application_20130212Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name SR 1745 Old Lowman Street
2. Name of Property Owner /Applicant: NC DOT
3. Name of Consultant /Agent:
*Agent authorization needs to be attached.
4. Related /Previous Action ID number(s):
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5. Site Address: N/A 3 U 1 3
6. Subdivision Name:
7. City: Valdese
8. County: Burke
9. Lat: 35.70705 Long: - 81.54221 Decimal Degrees Please )
10. Quadrangle Name: Valdese
11. Waterway: UT to Cub Creek
12. Watershed: Catawba
13. Requested Action:
X Nationwide Permit 4 14
General Permit #
Jurisdictional Determination Request
Pre- Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site /Waters Name:
Keywords:
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STATE OF NORTH CAROLINA 4OS irj
DEPARTMENT OF TRANSPORTATION FR ®'�R ✓c
H
PAI' MCCRORY ANTI ION J. TATA
GOVERNOR SECRI -TARY
February 12, 2013
Ms. Lori Beckwith
US Army Corps of Engineers 2 01 3 0 1 3 1
151 Patton Avenue, Room 208
Asheville, NC 28801 -5006
Subject: Nationwide Permit 414
SR 1745 Old Lowman Street
State Project No. 13C.012016 (DWQ Minor Permit Fee $240)
Burke County, NC
Dear Ms. Beckwith:
I have enclosed a straight -line diagram with erosion control plan, a PCN application for
NWP 414, and a vicinity map relative to the proposed secondary road project on SR 1745
Old Lowman Street, Burke County, NC.
We propose to replace one (1) pipe culvert on an unnamed tributary (UT) to Cub Creek.
Total culvert extension will be 24 linear feet with a temporary impervious dike for
dewatering during installation. The UT to Cub Creek is an approximately 3 foot wide
stream with a predominately gravel and cobble substrate. Cub Creek is classified as Class
C.
Existing channel morphology will be maintained upstream and downstream of the
culvert. The culvert 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.
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated.
As a part of the 401 Certification process, the project will be processed through the DOT
Programmatic Agreement for Minor Project as required, by Section 106 of the National
Historic Preservation Act of 1966 and GS 121- 12(a). '
Division Thirteen Office Post Office Box 3279 Asheville, NC 28802
Phone; 828/251 -6171 Office of the Division Engineer Fax: 828/251 -6709
www.ncdot -gov /doh /operations /divisionl3
Ms. Lori Beckwith
Page —2 SR 1745, Burke County
February 12, 2013
By copy of this letter, we request Marla Chambers, North Carolina Wildlife Resources
Commission Western Region Coordinator, to comment directly to the Corps concerning
the permit request.
By copy of this letter, we are asking the Area Roadside Field Operations Engineer, to
comment on the above project. The UT to Cub Creek is classified as Class C.
By copy of this letter, I am forwarding one electronic copy of the application package to
Sonia Carillo, NC Division of Water Quality, Transportation Permitting Unit with cc to
Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please
charge the application fee of $240.00 to WBS element # 13C.012016. 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 (828) 251 -6171.
Sincerely,
.0
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
D.R. McNeal, P.E.
Reid Whitehead, P.E., CPESC
Marla Chambers
Mike Parker
Sonia Carillo
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
Ii.,
:gi�M
X Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
n.i.e
❑ No
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
X Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
X Yes
❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
X 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 X No
For the record only for Corps Permit.
❑ Yes X 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
El Yes
X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
X No
2. Project Information
2a. Name of project:
SR 1745 Old Lowman Street
2b. County:
Burke
2c. Nearest municipality / town:
Valdese
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
13C.012016
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.:
NIA
3g. Fax no.:
N/A
3h. Email address:
N/A
Page 1 of 10
PCN Form —Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a. Applicant is
North Carolina Department of Transportation
4b. Name:
J J. Swain, Jr., P.E., Division Engineer
4c.
Business name
(if applicable)
N.C. Department of Transportation
4d.
Street address:
55 Orange Street, P.Q. Box 3279
4e.
City, state, zip.
Asheville, NC 28802
4f.
Telephone no.:
828 -251 -6171
4g.
4h.
Fax no.:
Email address.
828 - 251 -6394
rdbryan anncdot aov
6. 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 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no (tax PIN or parcel ID):
NIA
1 b. Site coordinates (in decimal degrees):
Latitude: 35.70705° N Longitude: -81.54221'W
le Property size:
1.71 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project.
UT to Cub Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba
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:
Existing gravel secondary road
3b. List the total estimated acreage of all existing wetlands on the property -
0.0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property,
50
3d. Explain the purpose of the proposed project:
Increase the typical section and pave the secondary road
3e. Describe the overall project in detail, including the type of equipment to be used'
Grade, drain, base and pave the roadway. Extend one pipe on jurisdictional stream. Equipment used will include
excavators, trucks and graders,
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: field confirmed by NCDOT
❑ Yes X No ❑ Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): NIA
Agency /Consultant Company:
Other N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes X No Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes X No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
I. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands X 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.
C.
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
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ PDT
❑ 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
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 jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (f)
(INT)?
other)
(feet)
feet)
S1 X P ❑ T
Pipe Culvert
UT to Cub Creek
PE
E] INT
X Corps
X DWQ
3
24
S1 ❑ P X T
Dewatering
UT to Cub Creek
X PER
❑ INT
X Corps
X DWQ
3
60
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑P ❑T
❑PER
❑Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
84
3i. Comments: 24 feet of permanent and 60 feet of temporary impacts at same location.
Page 4 of 10
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
02 ❑P ❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
58.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Tota I
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit 1D no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d
6e.
6f.
6g.
Buffer impact
number –
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P ❑T
El Yes
❑ No
62 ❑ PEI T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Minimum pipe length used to obtain needed typical section and shoulder width for safety.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
NIA
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 X 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:
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:
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) wetiand mitigation requested:
acres
4h. Comments:
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.
Page 6 of 10
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
buffer mitigation?
❑ Yes X 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:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes X 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.
Comments:
El Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
NIA
2b. Does this project require a Stormwater Management Plan?
X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: NC DOT Project
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The project will use BMP's to the Maximum Extent Practicable (MEP) in compliance with NCDOT's NPDES Permit No.
000250 Post Construction Stormwater Program.
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
X DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
NIA
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other: NIA
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply)-
❑ Session Law 2006 -246
❑ Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
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 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federallstate /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
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 ® 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.
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 9 of 10
PC 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?
❑ 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?
field survey
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?
Current Maps /Database
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?
Current Maps /Database
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:
8c. What source(s) did you use to make the floodplain determination? Current FEMA Maps
Roger D.Bryan
2/12/2013
Applicant/Agent's Printed Name
Date
pplicant/Age s Signature
(Agent's signatu s valid only if an authorization letter from the applicant
is provided.
Page 10 of 10
Map Name: VALDESE Scale: 1 inch = 2,000 ft. Horizontal Datum: NAD27
Print Date: 02/12/13 Map Center: 035.70773850 N 08
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Declination
SIR 1745 Old Lowman
UT to Cub Creek, Burke
County, NC.
GN 0.32: w
IVIN 1
SCALE 1:24000
0 1000 2000 3000 4000 5000 6000
FEET
Figure 1. SR 174S Old Lowman Street, Site 1, LIT to Cub Creek, Burke County, NC.
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SECONDARY ROAD PAVING PROJECT
SHEET 1 OF 15
COUNTY: Burke TOWNSHIP: Lovelady
PROJECT: SR 1745, Old Lowman St.. LENGTH: 1,660 feet, 0.31 miles
WORK TYPE: grade, drain, bass, pave, erosion control RURAL PRIORITY #:
LOCATION: From SR. 1001, SUBD /RESID. PRIORITY #:
thence southwest for 0.32 miles
WBS ELEMENT NO: 13CAlza CONSTRUCTION W. O. NO.
DATE: 7/6/2012 SCALE: 1 " =50' DRAWN BY: D.G.M.
NOTES AND PROVISIONS PERTAINING TO STRAIGHT LINE DIAGRAM
j 1. Assigned right of way agent needs to verify all property owners. Property owners shown on
the straight line diagram are taken from tax maps only.
2. Fences to be moved off the right of way and reset off right of way by the Department of
Transportation crews. Any new materials, posts, wire, etc.. to be supplied by the property
owner.
3. Existing asphalt or concrete drives to be tied in with asphalt -if the existing driveway is
within 20 feet of proposed centerline. See any exceptions on straight line diagram.
4. Driveway pipes to be furnished and installed as needed by Department of Transportation
crews In existing driveways.
5. Existing water lines, sewer lines, drain lines, etc., under road project to be adjusted by
Department of Transportation as needed during construction. Property owners to supply
all materials and release Department of Transportation from any liability.
6. Underground utility fines to be located by owner. Lines to be adjusted by owner as needed,
otherwise retain.
7. !Vote proposed right of way markers shown on straight line diagram.
S. Please Inform property owners that cuts and fills could exceed proposed right of way.
9. The erosion plan should be used for erosion control purposes only.
�j
Page 1
SR 1745, LOWMAN ST.
BURKE COUNTY
SHEET50F 15
TYPICAL SECTION
45' R/W
� 4' 9' 3' 3'
A. FILL SLOPE
B. SHOULDER SLOPE
C. DITCH SLOPE
0. CUT SLOPE
2 :1
1" PER FT.
3 :1
1 Y2: 1
ABC
COMPACTED
ABC
LOOSE
TONS
(DRIVES)
STONE BY
TONS
(INTERS.)
TONS
(ROAD)
TONS
(TOTAL)
E
SHEET 3- OF J5.
FULL
0.4' E.P. to E.P.
SUPEflELEVATl4N
0.7' E.A. to E.P.
.06
—FULL SUPERELEVATION
SECTION
- EE
2/3
SU7� ION
2/3 SUPERELEVATION
P. C. P. T.
OR
SECTION
- DO
SUPERELEVATION o
NORMAL CROWN
NORMAL CROWN
SECTION
- CC
LEVEL
NORMAL CROWN
SECTION
- BB
NORMAL CROWN NORMAL CROWN
SECTION - AA
STANDARD METHOD FOR OBTAINING SUPERELEVATION
2 LANE PAVEMENTS
Ideally. 2/3 of superelevetion is obtained at P. C. or P. T.
as shown on Section - OD
at thel pot t of maximum a porr point f tangent s -.06, 04e -.04 erelevetton
.06 X 2/3 = .04
Superelevation for 18' pavement
.02
0.4' E.P. to E.P.
.04
0.7' E.A. to E.P.
.06
1.1' E.P. to E.P.
.08
1.4' E.P. to E.P.
Normal Crown - 0.2
N
Sheet 4 of 15
EROSION CONTROL PLAN SHEET
Generally, the order of installation of the erosion control measures will be as
follows:
Temporary silt basins shall be installed before clearing and
grubbing begins.
Silt fences and temporary silt ditches shall be Installed after
clearing and before grading.
Temporary stone ditch checks shall be installed as soon as
ditch line is established.
Pipe outlet and inlet protection will be done as soon as the
plpe Is installed.
Seeding and other permanent erosion control measures are
to be implemented as soon as practical.
Temporary rock silt checks (type B) will be spaced as required
by percent of grade as described on page VI -16 in the Erosion
And Sedimentation Guidelines.
No. 5 stone, or equivalent, will be used in conjunction with
temporary rock silt check Type-8 in locations where water is
leaving the project or entering a pipe.
For silt basin size see attached plans. Basins are to be cleaned out when half
full.
Per permit conditions for Corps of Engineers and the Wildlife Resources
Commission, all pipes in streams 48" or greater must be buried 12" below
streambed elevation. Pipes less than 48" must be buried with 20% of the
diameter below streambed elevation.
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SHEET•6 OF 15
NCG -01 Permit Compliance Language for EC Plans
THESE EROSION AND SEDIMENT CONTROL PLANS COMPLY WITH THE
REGULATIONS SET FORTH BY THE NCG - 010000 GENERAL CONSTRUCTION
PERMIT EFFECTIVE AUGUST 3, 2011 ISSUED BY THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF
WATER QUALITY.
Sheet 7 of 15
PIPE INSTALLATION NOTES
1) Install erosion control devices.
2) Remove material and existing pipe while limiting, as much as possible,
material and sediment from entering the stream and /or escaping from project.
3) Prepare pipe foundation while again taking care to limit, as much as possible
material and sediment from entering the stream and /or escaping from project.
Where possible, new grade will be below existing streambed. If needed,
bedding material will be clean stone.
4) Place the new pipe and compact backfill.
5) Install slope protection on outlet and inlet ends of pipe. Also complete
Installation of erosion control measures and perform maintenance as needed
on existing measures.
6) Establish permanent vegetation as soon as possible.
t
EROSION CONTROL SHEET 9 O 1_
DETRILS ONO
SPECIFICRTIONS
Std, 4
1630.03
1630.05
1605.01
1622.01
1630.01
1630.02
1633.01
1633.02
1634.01
1634.02
1635.01
1635.02
Qesr -ri ptlon
Temporary Silt Ditch
0
- A 8
000000
000-000
Temporary Diversion
B SoCJg - DR
- B g
Temporary Silt Fence
p0
Temporary Slope Drain
Silt Basin Type A
Silt Basin Type B
Temporary Rock Silt Check
Type A -
Temporary Rock Silt Check
Type B -
Temporary Rock Sediment Dam
Type A -
Temporary Rock Sediment Dam
Type 8 -
Rock Pipe Inlet Sediment Trap
Type A -
Rock Pipe Inlet Sediment Trap
Type B -
1636.01 Rock Silt Screen
1630.04 Stilling Basin
1632.01
1632.02
1632.03
Type B
Type C
. - -. IM M.-
868.01 Rip Rap
Pipe Outlet Energy Oisipator
Ditch Liner
Pipe Outlet or Inlet Stabilization
Environmentally Sensitive Area
u••
NO
TO --�
0
M
�0000
A g�g - OR
0
- A 8
000000
000-000
0
B SoCJg - DR
- B g
80000,0
000000
p0
SHEET 10 OF 15
ROCK SILT CHECKS -- OUTLET OF PIPE
IDTH OF ROCK AT THE OUTLET END TO BE 3 TIMES
DITCH) HE DIAMETER
OF THE PIPE AND TAPERED INTO EXISTING
M51N.
18 "CSP
RR 18
xl DITCH
24° CSP
RR 24
Jpj
EXISTING DITCH 7.5'
-Mae v 30' CSP
RR 30
EXISTING DITCH 9'
36' CSP
RR 36
M+N.
EXISTING Q1TCH 10.5'
42' CSP
RR 42
MATCH LINE STA. 3 +50
CHARLES DEAN SMITH
3715 OLD LOWMAN ST.
VALDESE, NC. 28690
(828) 874 -6275 p
SL
i 22.5'
►= fI i
u J
3xt��
?+04 P.P.
_4 TLTL = �P6 g j
1 gRpPLE `�\ 1
t_��� END 18' MAPLE TREE v~i
.'991L z
:HARLES DEAN SMITH
22.5
)B. 637, PG. 895, '83
3715 OLD LOWMAN ST. °
/ALOESE. NC. 28690 L Z 11
828) 874 -6275
•10 18' MAPLE TREE
+ BEGIN 18' MAPLE TREES e. \
±0pLLr Lx
+51 W.M.
+1 W .M.
�.3 iP ' yJ \
+3�ww g
0.44 F� 44
SR, 100I
EGIN PROJECT STA.0 +00 q- SR. 1001
EGIN EXISTING 22.5' R/W LT. & RT.
BURKE COUNTY
SR. 1745 OLD LOWMAN ST.
SHEET 11 OF 15
RICHARD E. LOWMAN et el
DB. 1262, PG. 35, '03
719 ABEES GROVE CHURCH R0.
VALDESE. NC. 28690 3
2+23 E.I.P.
26.0'RT.
R
2
SANDRA HENDRIX WHISNANT
OB. 1469. PG. 737,15
1754 ZION R0, LT. 11
MORGANTON. NC. 28655
f 0° cuv-
/
^—lob
T 0 +24 P£0
LIMIT
20'1-2 Ro. 0.53 MI.
TO SR. 853s
0
RICHARD E. LOWMAN et e1
DB. 1262, PG. 35, '03
719 ABEES GROVE CHURCH RD.
VALGESE, NC. 28690
d )RAIN) /0 LT.
per
A
CHARLES DEAN SMITH
OB. 637, PG. 895. '83
3715 OLD LOWMAN ST.
VALDESE, NC. 28690
(828) 874 -6275
BURKE COUNTY
SR. 1745 OLD LOWMAN ST.
SHEET 12 OF 15
JIMMY K. &
CAROLYN W.LOWMAN
�!
ROCK /RIP JRAP
TIMBERS &'
it
t ROSE SHRUBS
OB. 637, PG. 540,'83
5
STA 4 +87
�'
4626 FOWLER ST.
END EXIST. 22.5' R/W
VALGESE, NC. 28690
MATCH LINE
STA. 7 +00
(828)879 -9622 7
3EGIN PROP. 22.5' R/W
LT.
6 +70 P.P.
Ix
I
1
I� x
6'RT. (MOVE)
w 22.5'
2.5
n
I
STA 6 +41
JILL M. LOWMAN
ENO EXIST. 22.5' R/W RT.
IL
N
08.848. PG. 1921, '95
N
BEGIN MAINT. LIMITS /
3 • a
�'
EXIST. 22.5' R/W RT.
i
VALDESE, NC. 28699
"Ids,
6+42 E.I.P.
27.1'RT.
_
3
s
- 5 +35 P.P.
/ 3B' X 15' CSP
q
G9,
31'RT.
_ 6 +34 PED
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RICHARD E. LOWMAN et of
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4.
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ROCK /RIP JRAP
TIMBERS &'
it
t ROSE SHRUBS
5
STA 4 +87
�'
j
END EXIST. 22.5' R/W
LT.
1
3EGIN PROP. 22.5' R/W
LT.
MICHAEL D.&
JILL M. LOWMAN
l0' �• DR.
08.848. PG. 1921, '95
'
'��
�� 3760 OLD LOWMAN ST.
i
VALDESE, NC. 28699
: HARLES DEAN SMITH
)B. 637, PG. 895, '83
1715 OLD LOWMAN ST.
' ALDESE, NC. 28690
3
I
q
928) 874 -6275
+80 P.P.
31'R
RICHARD E. LOWMAN et of
T
4.
08. 1262, PG. 35, '03
`3*So
719 ABEES GROVE CHURCH R0.
VALDESE, NC. 28690
ROBERT S.&
ROCHELLA A. WOODY
08. 612, PG. 889, '81
719 ABEES GROVE CHURCH RD.
VALDESE. NC. 28690
(828)879 -8758 2vL
ff
)RAIN T%0 LT.
DRICHARD E. LOWMAN at o1
08. 1262, PG. 35. '03
719 ABEES GROVE CHURCH RO,
VALDESE, NC. 28690
ST A, 40 +50
MATCH UNE 1
BURKE COUNTY
SR.1745 OLD LOWMAN ST.
SHEET 13 OF 15
Iii]
JIMMY K. &
CAROLYN W.LOWMAN
08. 637, PG. 540, '83
4626 FOWLER ST.
VALOESE,NC.28690
(828) 879 -9622
8 +92 E.I.P. J
31. 'RT.
5 P.P.
5'RT.
8 +64 G.W..
41'RT.
-, M. 7+
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7 iN.
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8
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JIMMY K. &
CAROLYN W. LOWMAN
'r-
08.637, PG. 540. '83
(
4626 FOWLER ST.
VALDESE. NC. 28690
(828) 879 -9622
!
7
-, M. 7+
II
i
i
WIT G.W.
14 +40 P.P.
17'L
RONNIE L. &
LEE ANN BARUS
08. 821. PG. 67, '94
3829 OLD LOWMAN ST.
VALDESE. NC. 28690
(8281879 -2466 A
GORDON B. GILL & BURKE COUNTY
TOPHER LAURIE SR. 1745 OLD LOWMAN ST.
08. 1872, PG. 912, '09 SHEET 14 OF 15
3880 OLD LOWMAN ST.
VALDESE, NC. 28690
� 1, f-q 83.». 9 -8887 �,A
3%
L�
? +16 P.P.
►'LT. (MOVE) (J /�
? +15 G.W.
I'LT. (MOVE)
> +15 PED
'L T. (MOVE)
RONNIE L. &
DLEE ANN BARUS
DB. 821. PG. 67. '44
3829 OLD LOWMAN ST.
VALDESE, NC. 28690
(828) 879 -2466
)ODEN SIGN
,0�3 �- E.I.P.
I'Li. (NEED OFFSET)
ISTING
,AIN T/0 LT.
ROBERT S.&
OROCHELLA A.WOODY
08. 612, PG. 889, '81
v
�T 1
15
14 +96 G. W.
37'RT
14 +4 E.I.P.
33.8' T.
14
Og HERMAN D. MASSER
OB. 781, PG. 1622,'91
13
12
JIMMY K. &
CAROLYN W.LOWMAN
0B. 637, PG. 540.'83
4626 FOWLER ST,
VALDESE, NC. 28690
(8281879-9622
ENO PROJECT STA, 16 +60 rLSR. 1745
END PROPOSED 22.5' R/W LT. & RT.
GORDON B. GILL &
TOPHER LAURIE
DB. 1672, PG. 912, '09
3880 OLD LOWMAN ST.
VALDESE, NC. 28690
(828) 879 -8887'
STA 16 +30
END PROP. 40' R/W LT.
BEGIN PROP. 22.5' Fi /W L
STA 16 +00
ENO PROP. 22,5' R/W LT.
BEGIN PROP. 40' R/W LT.
\1
1
BURKE COUNTY
SR,1745 OLD LOWMAN ST.
SHEET 15 OF-15
GORDON 8, GILL &
8 TOPHER LAURIE
OB. 1872, PG. 912, '09
3880 OLD LOWMAN ST.
VALDESE, NC. 28690
(828) 879 -8887
E.I,P. (INFO. ONLY)
16 +56 G.W.
'�'�• fl 22.5, r /0
16-1-45 P.P.
ROCKS ; J� 4 �
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'5+ PED
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�O . DISCHARGE PUMP
iaa0 � Gk-- PkEWELL&
251gg
'X, P �C 15
8 15 +07 P.P.
29'
c� 9 MAN D. MASSER
OB. 781, PG. 1622, '91
3840 OLD LOWMAN ST.
J VALDESE, NC. 28690
v (828) 879 -2930
�` ��e 4�'T
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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish /borough: Burke City: Valdese
Center coordinates of site (lat/long in degree decimal format): Lat. 35.70705 °, Long. - 81.54221° W".
Universal Transverse Mercator:
Name of nearest waterbody: UT to Cub Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba
Name of watershed or Hydrologic Unit Code (HUC): 03050102
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):
W Office (Desk) Determination. Date:
0 Field Determination. Date(s): 2/1/2013
SECTION 11: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There =re no "navigable waters of the U S " within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
FOR Waters subject to the ebb and flow of the tide.
b 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 A're, "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):
® TNWs, including territorial seas
® Wetlands adjacent to TNWs
Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
® Non -RPWs that flow directly or indirectly into TNWs
ng Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
a Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
a Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
®, Impoundments of jurisdictional waters
FBI Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 50 linear feet: 3 width (ft) and /or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: stalilishedbyOHWM
Elevation of established OHWM (if known):
2. Non - regulated waters /wetlands (check if applicable) :3
Q Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: .
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z 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), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through ick.List tributaries before entering TNW.
Project waters are Mck river miles from TNW.
Project waters are river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
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: ick Lis .
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: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: ick Lis
Estimate average number of flow events in review area/year: Eic' k List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: P.ic. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
E] OH (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.' Explain:
If factors other than the OHWM were used to determ
® High Tide Line indicated by: Q
❑ 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 CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
❑ survey to available datum;
❑ physical markings;
❑ vegetation lines /changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
'A natural 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: ick Lis . Explain:
Surface flow is: Pick Lis
Characteristics:
Subsurface flow: ick 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 ick, Lis river miles from TNW.
Project waters are ick Lis aerial (straight) miles from TNW.
Flow is from: .ick Lis .
Estimate approximate location of wetland as within the .iekList floodplain.
(ii) 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: Pick:L'ist
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (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 floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section 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: Fish and aquatic insects present. Prevalent bed and bank features.
p 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: 50 linear feet 3 width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
3. Non -RPWs8 that flow directly or indirectly into TNWs.
Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has asignificant 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):
Tributary waters: linear feet width (ft).
Q 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.13 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.
e9 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are 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.
[ [ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are 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 a jurisdictional tributary remains jurisdictional.
® Demonstrate that impoundment was created from "waters of the U.S.," or
® Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
® Demonstrate that water is isolated with a nexus to commerce (see E below).
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):10
® which are or could be used by interstate or foreign travelers for recreational or other purposes.
® from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
® which are or could be used for industrial purposes by industries in interstate commerce.
® Interstate isolated waters. Explain:
5 Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III D.6 of the Instructional Guidebook.
"' 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:
Wetlands: acres.
NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
[—] Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based 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:
Q Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
® Lakes /ponds: acres.
® 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:
b 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: 1:24000, Valdese Quadrangle.
® USDA Natural Resources Conservation Service Soil Survey. Citation:
® National wetlands inventory map(s). Cite name:
® State/Local wetland inventory map(s):
® FEMA/FIRM maps:NC Floodplain Mapping Program.
® 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date): Stream photos in NWP Application, 2/12/2013.
9 Previous determination(s). File no. and date of response letter:
El Applicable /supporting case law:
Q Applicable /supporting scientific literature:
Q Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: