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HomeMy WebLinkAbout20151166 Ver 1_Application_20151105� , � Transportation November 5, 2015 Ms. Lori Beckwith US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 PAT McCRORY Governor NICHOLAS J. TENNYSON Seaetary Subject: Nationwide Permit # 14 Bridge 100686, SR 2407 Upper Grassy Branch Extension State Project No. 17BP.13.R39 Buncombe County, NC Dear Ms. Beckwith: I have enclosed a set of plans, a PCN application for NWP #14, and a vicinity map relative to the proposed bridge replacement project on SR 2407 Grassy Branch Extension, Buncombe County, NC. We propose to replace the existing 18 feet long timber bridge with a 20 feet 1 inch wide by 6 feet 6 inch high by 44 feet Iong aluminum box culvert with aluminum headwalls . Culvert installation will result in permanent impact to 44 linear feet (LF) of Grassy Branch Bank; bank stabilization will permanently impact an additional 50 LF. Temporary impacts to 56 LF of the creek are due to a temporary detour during culvert construction. The stream is approximately 8 feet wide and 4 inches deep with a predominately sand, gravel, and rock substrate It is classified as Class C. Fish are present. Existing channel morphology will be maintained upstream and downstream of the bridge. Riparian vegetation will be reestablished along disturbed areas associated with the project. Stormwater will be diverted through grass-lined ditches or vegetated buffers prior to entering streams. This project may impact potentially suitable northern long-eared bat (Myotis septentrionalis) (NLEB) summer roosting habitat via tree removaL Tree clearing (October 15-April 15), if necessary, would be performed outside of the annual moratorium. The existing bridge is constructed of creosote-treated timbers. The crown to bed measurement (distance from travel surface to streambed) is 8 feet. Clearance between the bottom of the bridge and the stream surface is approximately 5 feet. A survey of the bridge did not reveal any evidence of usage by bats. According to our data no known hibernaculum is located within 5 miles. No effect on the remaining county list of federally protected species (threatened or endangered) or designated critical habitat will occur. The attached report from the NC Natural Heritage Program states there are no known federally protected species within 1 mile of N�e project. Marella Buncick of US Fish and Wildlife Service is copied on the application for review. �Nothing Compares�.� StaceofNOrthCuolina � DeparlmenlofTransponation � DivisionThineen 55 Orange S�reet I� eon 3279 � Asheviile, NC 28802d279 828 251 6171 T Ms. Lori Beckwith Page —2 Bridge 100686, Buncombe CounTy November 5, 2015 As a part of the 401 Certification process, the project was processed through ffie DOT Programmatic Agreement for Minor Project as required by Section ]06 of the National Historic Preservation Act of 1966 and GS 12]-12(a). No Historic Resources will be affected. By copy of this (etter, 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 Pield Operations Engineer, to comment on the above project. Grassy Branch is classified as Class C. The project will not require a trout buffer variance. By copy of this letter, I am forwarding one electronic copy of the application package to Kristi Lynn Carpenter, NC Division of Water Quality, Transportation Permitting Unit with cc to Kevin Barnett, NC DWQ Asheville Regional Office for review and comment. Please charge the application fee of $240.00 to WBS element # 17BP.13.R39. 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, Q�� Roge . Bryan Division 13 Environmental Officer Enclosures cc: J.J. Swain, Jr., P.E. Chris Medlin, P.E. Ben DeWit, CPESC Marla Chambers Marella Buncick Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Bridge 100686, SR 2407 2. Name of Property Owner/Applicant: NC DOT 3. Name of ConsultandAgent: *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: 7. City: Oteen 8. County: Buncomb 9. Lat: 35.61686 Long: -82.47782 (Decimal Degrees Please ) 10. Quadrangle Name: Oteen 11. Waterway: Grassy Branch 12. Watershed: French Broad 13. Requested Action: X Nationwide Permit # 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: /�l � o��F W A 7F9OG h y � r O Y OKce Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 ;k;l'k Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the X Section 404 Permit ❑ Section 10 Permit Corps: 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 1d. 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 1e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes X No ❑ Yes X No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation X Yes ❑ No of impacts? If so, attach the acceptance letter from mitigation bank or in-iieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes X No below. 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: Bridge 686, SR 2407 2b. County: Buncombe 2c. Nearest municipality / town: Oteen 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 178P.13.R.39 project no: 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 N�A applicable): 3d. Streetaddress: N/A 3e. City, state, zip: N/A 3f. Te�ephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 ��.� �,,.... �,.._.,:.... , � .,...,.....�... ,� ���o ��.....:.._ 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 N.C. Department of Transportation (if applicable): 4d. Street address: 55 Orange Street, P.O. Box 3279 4e. City, state, zip: Asheville, NC 28802 4f. Telephone no.: 828-251-6171 4g. Fax no.: 828-251-6394 4h. Email address: rdbrvan(cilncdot.qov 5. AgenUConsultant Informatlon (if applicable) 5a. Name: N/A 5b. Business name N/A (if applicable): 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Tetephone no.: N/A 5f. Fax no.: N/A 5g. Email address: N/A �,..... � ,.s , n B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude: 35.61686° N Longitude: - 82.47782° W 1c. Property size: 0.32 acre 2. Surtace Waters 2a. Name of nearest body of water (stream, river, etc.) to Grassy Branch proposed project 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing bridge on SR 2407 surrounded by low density residential area, scattered ag/pasture land, and forest land. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 85 3d. Explain the purpose of the proposed project: Replace existing, substandard timber bridge with an single barrel aluminum box culvert at the existing location. 3e. Describe the overall project in detail, including the type of equipment to be used: The existing timber bridge is 18' long by 20' wide. The aluminum box culvert will have aluminum headwalls and measures 20' 1" wide by 6' 6" high by 44' long. Permanent impacts to 94 linear feet (LF) of Grassy Branch will be necessary for culvert installation (44 LF) and bank stabilization (50 LF). A temporary detour will result in an impact of 56 LF during construction for the culvert. Equipment used will include excavator, crane, and trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / X Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: prelim JD form attached to PCN 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ P�eliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: 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. 5. Project History 5a. Have permits or certifications been requested or obtained for � Yes X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 nnr.i �......, v....,:..., n o n.........�.... nn �nno �i.....:,... Proposed Impacts Inventory 1. Impacts Summary 1a. 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. 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) Tem ora T W1 ❑ P � T ❑ Yes ❑ Corps ❑ No ❑ DWQ WZ � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P 0 T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P � T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P❑ T ❑ Yes ❑ Carps ❑ 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. 3 c. 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 X P❑ T Culvert Grassy Branch X PER X Corps g 44 Construction ❑ INT X DWQ S1 X P❑ T Bank Stabilization Grassy Branch X PER X Corps g 50 ❑ INT X DWQ S2 ❑ P X T Temporary Detour Grassy Branch O N T X DWQ 8 56 S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 0 P � T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 150 3i. Comments: 44LF of permanent impacts fall within 56 LF of temporary impacts n...... e..snn 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 individuall list all o en water im acts 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 Tem ora 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 ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. Sd. 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 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID 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 an im acts re uire miti ation, then ou 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) Tem ora T im act re uired? 61 ❑P❑T ❑Yes ❑ No 62 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: �__� � _�,� D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Culvert is of minimum size needed to meet design safety standards. A culvert can be installed more quickly than a bridge resulting in less temporal impact. A culvert is more economical than a bridge. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. N/A 2. Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for X Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ X Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this X Payment to in-lieu fee program project? ❑ 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. X Yes 4b. Stream mitigation requested: 44 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm X cool �cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation p�an, provide a description of the proposed mitigation plan. Page 6 of 10 �..,,� �,..... „_...:.... , � �,...,.._�...,� ���o ".....:.... 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 X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitlgation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: .,..,. _ � ,.� , � E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identifed � Yes X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included9 If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? N/A 2b. Does this project require a Stormwater Management Plan? X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Pfan, expfain why: 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 governmenYs jurisdiction is this project? N/A ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed X Other: N/A 3c. Has the approved Stormwater Management Plan with proof of approval been N/A attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � pRy� (check all that apply): ❑ Session Law 2006-246 X Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been attached? N/A 5. DWQ 407 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? N�q 5b. Have all of the 401 Unit submittal requirements been met? N/A Page 8 of 10 �...� �...... "_...:.... ,� �........,.�,.. , � �,.�o ",..,.:,... F. Supplementary Information 1. Environmental Documentatfon (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � yes ❑ No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or Stale ❑ Yes � No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by lhe State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Vioiations (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 nrn� r.,..,. �i.,.,,:,,., � o n.._......�.... nn nnno �i,._,.:.... 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? http:/lwww.fws.gov/raieigh/specieslcntylisUyancey. html 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? Consultation with NCDOT Archaeology & Historic Architecture Groups 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? http://www.ncfloodmaps.com/ Roger D. Bryan �� S ZU� ApplicanUAgenYs Printed Name pplican A nt's Signature �e (Agenfs signature is valid only if a aulhorization letter from the applicanF is rovided. n....,, n n..s � n ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: NC Department of Trensportation PO Box 3279 Asheville, NC 28802-3279 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Bridge 686 on SR 2407 over Grassy Branch in Buncombe Counry (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC COUnty/pa�iSh/b0�0ugh: suocombe Cj�; Oteen Center coordinates of site (IaUlong in degree decimal format): Lat. as.sises °N; Long. -8z.4»82 °W. Universal Transverse Mercator: Name of nearest waterbody: c�assY e�a��n Identify (estimate) amount of waters in the review area: Non-wetland waters: es linear feet: 6 width (ft) and/or acres. Cowardin Class: ���e��e Stream Flow: Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): � Office (Desk) Determination. Date: � Field Determination. Date(s): zooaobB�zo�ssae��s�i SUPPORTING DATA. Data reviewed for preliminaryJD (check all that apply - checked items should 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 Bpp�IC811�C01lSU�tBflt: �oadway and bridge stream impact plan drawings � Data sheets prepared/submitted by or on behalf of the appl�nUconsultant. 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: otee�; �:za000 ❑ 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: ❑ Aerial (Name & Date): or Q Other (Name & Date): zoo��one�so,e � Previous determination(s). File no. and date of response letter: � Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicanYs acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWAjurisdiction exists over a site, or to provide an o�cial delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Signature and date of Regulatory Project Manager (REQUIRED) � , �b � � s � ig ture arid te of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) n�l. }�3(0S f���C➢ NCDOT Division 1J Environmcmal Sptcialist Nor(L Cfirolina Department oPTrnnsportation �5 Orange Strcet Asheville, Nor(h Carolina 2RS01 Dcar R9i. Allen: ���; ,� 1 �. VROGFAM �'C�IUTI")� �, �� � `� Subject ELP Mi[igation Accepianee Ltetter: llrvisfon 13 Projeut, Re�lace Bridge Number 6S6 over G��ssy Br3nch on SR 24U7 (Upper Grassy [3rauch Extansion), Buncombe County; WI3S PlemeN 176P.IJ.R.39 'I�he purpuse of diis lat[er is lo no[ify you that ilic Ecosystem Enliaueement Program (EEP) will provide tkie compensa(ory stream mitigatiou Cor Ihe subject project. IIased on �he intonnati�u reeaived fi-om you on January 2), 2014, the impacts are located ii� CU Ofi010I05 ul the Fre��c6 B�uad River basin iu the Sou[hem Mow�tains (SM) Eco-Region, and arc as follows: �rench R�road --- 06010105 SM CoIJ Jmpacts - --�� � (FeeVacres) Strzam Caol 44.0 _ Wetlands Buffer (Sq. ht.) Vlann Ripariau �`on- Coastal 7one I Zone Z Kroarian � Marsh � This itu4�act aud associat�d mitignlion need were under projected by dte NCDOT in tl�e 2013 impnct data. EliP will eominit to implement sufficient coiupensatory stream mitigaiion cradits to oPfsai �he impacts associated �m�ith this projeet as deteimi��ed by Ilte regulatary agencies nsing the delivery ti�rie,line li�ted in Secti�n F.J.c.iii of die N.C. Deparhuent of Iinvironmen[ ni�d Nahir�l Resources' Ccosystem fnhancement Program in-I ieu Fee insuvment Aatzd July 23, 2010. If the abovc referenced impact amoun(s m�e revised, �I�cn tliis mi[igation accep�ance Ielter will no lonye-r be valid and a new mitig�tion aecep�ance leller will be requirzd from EEP. k420. If you have nny questiuns ur need additionel informauiou, please contacl Nls. Qeth Haiuwn at 919-%07- Sincercly, James B. Staniill EEY Asset Management Suparvisor ce: fv1s. Lori lieckwith, USACE -�� .Aslic��ille Regulatury Pield Officc Ms. Amy Chapman, Division of Water Qualiry Mr. Paul L. Sprouse, P.F., NCDOT - Division I3 13ridge Yrogrnm Enginccr Ms. Liuda Fitzpatrick, NCDOT - PUh'A Ff le: SR 2407 - Bridee 636 - Div ision I 3 Restov�r2�... Evc�Ca,�;ci�c9... P��otectir� Or�cv� Sta,te ��L� Ne��Na Norlh Carolina Ecosystem [nhancemen! Program, 1652 Mail Service Cenler, Ralei�h, NC 27699-1652/91&707�8976/ http://portal.ncden�.org/webieep NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Pat McCrory Bryan Gossage Susan Kluttz Governor Executive Director Secretary Clean Water Management Trust Fund October 28, 2015 Yates Allen NC Department of Transportaion PO Box 3279 Asheville, NC 28802 yallen@ncdot.gov RE: Bridge 686 Buncombe; 17BP.13.R.39 Dear Yates Allen: NCNHDE-866 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitabie habitat exists and is included for reference. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for site-specific surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Tables of natural areas and conservationlmanaged area within a one-mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally-listed species are documented near the project area. Thank you for your inquiry. If you have questions regarding the information provided in this letter or need additional assistance, please contact Allison Schwarz Weakley at allison weakiey�ncdenr ggv or 919.707.8629. Sincerely, NC Natural Heritage Program ■ ■ ■ 2 � � 2 N N m N m m 3 m � O � c a m � � m 2 2 O � � w a w � C N N V O N O � 0 c n m Z � O m � O C O N Z �J � m � � a m d � D .lml D 0 � Q m N � N O N 0 0 0 IJ � � IJ N NO � O O � 3 ^Z lJ Z _ � m ao rn rn � -, a � � � � � � � 3 n 0 3 a m v m N w o� S � s � o � � dv 'o' 'o � d � n m ND m _. o M d o° � � o S N N v � p c N N d � N m �o m d d o o � N N N d V p �8 0 �p n V N O �i n � Q ? '° d � o a '� � F . 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N N n � � C � � � �� m a ' c � N G1 � � y A =, � � 01 m ry p�j C W � N � � a1 A � c Fd � A y � � d N x N Z d G N S N N � � m m 3 A M O � c N 7 N N z d C N � D ` W � O�ad Z ti.�.(O N N ' Z v o � � 2 : pf �' m � J W d � N � � 01 �O+O(O <nA3 a CD ia m � � A N � S 7 N 0 � m 3 m � m a c � � M ti T � � O N M D 1 A a � NO SUKVF.Y REQUIRED FORM PKOJCCT INFORMATION Projec! Nn: Str. 100686 WBS' No: F.A. No: 1713P.13.R39 N/A F�=rlera! (U,SACE) Peruri� Rec/i�irecl'.' Prolec! Trnrking Nn. (ln/enml Use) 12-10-0033 Counry: 13tmcoinbc Doc�ouenl: MCC /'ur�diiag: � Sl�te ❑ I�eder�l � Yes ❑ No Periai! Tvpe: Coips 404/UWQ 401 l'i�ajecl Uescription: Kcplace Bridge No. 686 on SR 2407 (Upper Grassy [3r.mch fxt.) wilh a bridge or culvert sUucture. SUMMAI2Y OF CUL'PURAL RESOURCGS RF,VIr.W l3rreJ de.ccriplinn of'renie�r uclrvi[ies, r•esalGr of revieiv, and conch�siona: Rcview of IiPO quad maps,l-1P0 GIS information, his[oric designitions rostcr, sod indexcs was undertaken nn October JQ 2012. 13ased on lhis revic�v, there are no existing NR, SL, I,U, DE, or SS properties in thc Area o[ Potential F;ffecis, which is 50'finm the centerline cach way �mA 200' froin each end of the bridge. "I'here are several properties within lhc imincdiate vicinily of the bridge. In ihe nortl�west corner is a house built c. 1962 (688 Upper Grnssy Hrauch Hxt.) bnsed on Huncombe Couuty GISII�ax informntion. The housc has been hcavily �Ilered with siding, additions, and �viudows, and is surrounded by mobilc homcs. The house is unrcmark�blc and nol National Regisler cligibla Nortlicasl of the bridge is fl house built c. I979 (G92 Upper Grnssy Branch Gxt) and a house built c. 19G5 (S Austin Dr.). Hotli houses are under Cilly ycais of age ancl not NR eligible. l�wo mobilc humes that are not NR eligible sit suuthcast of ihe bridgc, �long wilh a c. 1992 fraine liouse (695 Upper Grassy [3r. Rcl) th�[ is under Gfty years of ag� an<I not NR eligible. A modern subdivisim� from the 1990s is situatcd soutl�west of thc bridge. Thcre arc no National Register listed m' eligible properties within thc APE and no snrvey is required. In addi[ion, Ilridge No. 68G is not wilhin the NCDOT Historic Bridgc hrvcnlory nnd is not NR eligible. If design pians change, nddition�l review will be required. 6ricf Esp/nna�ioi+ o/ why thc nvniln6le inforninrion En•nvi�les n relia(ile b�rsis for reasonublp predicling !ha/ lhere ca•e �ro u��i�len�rfied hisia•ic proj�erties in rhe APG 1IPO quad maps and GIS information recording NR, SL, IA, DF., and SS propertics for Ilie f3uncoinbc County swvey, E3uncombc Cow�ty GIS/"fas information, nnd Google Mnps are considcred v�lid For t6c purpuses of dctermining the likelihoud oPhistoric resources being presenL Therc arc no National Regisler listed or cligible propertics within the APE and no survey is reqttired. SUPYORI'DOCUMliNTA1'lON Sec attached: Maps. FIND►NG 13Y NCDOT CUI,TURAL RF,SOURC�$ PI20FF,SSIONAL NO SURVLY REQUIRN.D _� / ,4RC;IiAGOI.O(iY / FIIS10RIC ARCI117C(, fURF, i (CIRCLG ONIi� \ �, "A'o 11n�re�� Hequinel"%urrn f n dlium� I i'nnsporlafion Pr�led.v i¢ Qvn!lJled m rhe 7009 f'rogrnnm�ada ARrcemem. T'COU1':Irdmro[ogv R� !listm5e ArcAf�enure (iruup� Projec( Dnek/ng Nn. (LVernal Usel 12-10-0033 NO SURVEY REQUIRED FORM PROJECTINFORMATION P��ojed No: Str. ]00686 Coun[v: Buncombe WBS No: 17BP.13.R.39 Document: Minimum Criteria Sheet F.A. No: NA Funding: � State ❑ Federal Federa! (USACE) Permi� Regui�•ed? � Yes ❑ No Permdl T}pe: Corps 404/DWQ A01 Project Description: The project calls for (he replacemeni of Bridge Na. 686 on SR 2407 (Upper Grassv Branch Ex1.) over Grassy Branch in Buncombe County. The arclanealogical Area ojPotenlia/ LJfecls (�IPE) for [he project is defined ns n 400 foot (l21.92 rn) long corridor running 200 fee! (60.96 m) eas! and 200,feet (60.96 m) wes! along SR 2407 jrom the cenler of Bridge No. 686. The corridor is nppraximntely 100 jee� (30.48 m) wide ex[ending 50 feet (1 Sl4 n¢) on erther side of the road from iis present cender. SUMMARY OF CULTURAL RESOURCES REVIEW Brie/ descriplion of review activities, restd�s of review, and concl��sions: }3ridge No. 686 is just northeast of Asheville and west of Black Mountain in the central portion of Bui�combe Couuty, North Carolina. The project area is plo[ted in the northwestern section of the Oteen USGS 7.Y topographic quadrangle (Figure I). A map review and site file searoh was conducted at the OfFice of State Archaeology (OSA) on October 30, 2012. No previously recorded archaeological sites have been idevti6ed within or adjacent to the APE, and no sites are found withiu a mile radius of bridge. Iu addition, no existing National Register of Historic Places (NRHP), State Study Listed (SL), Locally Designated (LD), DeCermined Eligible (DE), or Surveyed Site (SS) properties are withi�� or adjacent to the arcliaeological APE. Topogi'aphic maps, USDA soil survey maps, aerial photographs (NC One Map), liistoric maps (North Carolina maps website), a��d Google Street View application were utilized to gage envirorunental Cactors that may have contributed to prehistoric or historic settlement within the project limits and to assess the level of ground disturbance. Bridge No. 686 and SR 2407 cross Grassy Branch east to west Tlie stream drains south into the Swauuanoa River. Tliese waterways are part of the French Broad drainage basin. Tlie APE is situated along stream terraces on either side of Grassy Bra�ch (Figure 2). Hillside slope is also present at the eastern end of tlie APE. The project area is mosfly open and cousists of reside�uial properties. Ground dishubance appears moderate to severe from past road improvements, landscaping, a��d utilities. It also seems that the terrace has been artificially raised and the stream chamielized in order ro help prevent future flooding. A review of the USDA soil survey map indicates tluee soil types are within the APE (Figure 3). Most of tlie stream ten aces are composed of French loam (FrA). This series is somewhat poorly drained witli a slope of less than 3 percent. It is also subject to occasional flooding with less tlian two days of standing water per year. For tliis reason, it is likely fill has been used to raise the tenaces above flood level. Prehistoric and early historic settlements are imlikely to be found on this soil due to persistent wetness and flooding. The second soil type is the Udorthents-Urban laud complex (UhF,) found at the westeru end 12-10-0033 of tlle APE. Tliis is somewl�at excessively drained to moderately well drained toamy soils tliat have experienced urban developme��k Slope can range anywhere fiom 2 to 50 percent, but is likely under 3 percent within Nie current project area. The final soil type is the CliftomOrban land complex (CuD). This type occupies the eastern hillside slope. It is made up of well drained clay soils that have a slope of 15 ro 30 percent. Urbai� development also characterizes Hus soil type. Both the Udortheuts-Urban and Clifton-Urban land complex soils are undesirable for cultural deposits. Tliis is mostly due to prior ground disturbance cause by development activities. In addition, slope of I S percent or more on the Clifion- Urban complex will i�ot typically yield signi6cant archaeological sites. As a result of this soil review, intact cultural deposits are very unlikely to be encountered on any of the soil types within the APE. A review of tlie site 61es show that very few archaeological investigations have been carried out in the vicinity of the bridge. The nearest is to the west along the Blue Ridge Parkway. Due ro a lack of investigations, no sites have been reported within a mile of the project. In 1991, OSA wnducted a review of the property to the southeast of the bridge (ER 92-7216). They recommended no archaeological work due to a fow probability for siguificant sites in a previously disturbed area. Based upon poor soils, slope, and preseut development, this recommendation could apply to tlie otliec three quadrants surrounding the bridge as well. A historic map review was also conducted for the project area. Most early maps from Nie 18th and 19th centuries provide onfy ge��eral details concerniug the region illustratingjust major roads and setflements. It is not until the 20th century that more accurate and detailed maps are published. The 1902 Mt. Mi[chell USGS topograpluc map is likely one of the Cu st in which the project area can be located (Figure 4). This map shows a road similar to SR 2407 with a crossing over Grassy Branch. Although a stn�cture is plotted sartheast of the crossing on this map, it appears to be outside of the APE. Subsequent early 20th century maps such as the 1920 Buncombe County soil map fail to provide any new information other than the remova( of thc southeast stn�chire (Figure 5). From this review, it seems very unlikely for significant deposits associated with a former historic struchire ro be within the project area. BriejExplanation of why the available infonnntion provides a reliable basis for reasonably predicting lhat there are na unidentified his(oric praperlies in Ihe fIPL The defined archaeological AP� for the proposed replacement of Bridge No. 686 is located along stream terraces next to Grassy Branch and along a hillside slope to the east. It is unlikely intact and sig�ificai�t archaeolo�ical deposits will be present in this area. This is primarily due to tlie development of residential properties across the APE aud slope of 15 perceut or more along the hillside. It also appears tliat the stream terrace has been artificially raised and Hie stream channelized in order to alleviate potential ftooding �ear homes. It is very likely disturbance from home constniction, landform improvements, prior road improvements, and utility installation has previously impacted any potential cultural deposits destroyiug the i��tegrity of any sites. Furthermore, OSA has p�eviously reviewed tl�e property to the southeast and recommended no arcliaeological work. LasNy, tlie historic maps suggest no significant archaeological deposits from former historic shvctures are within the project limits. As long as impacts to tl�e subsurface occur withiu tl�e defined APE, no fiirther archaeological work is recommendeA for the replacement of Bridge No. 686 in Bu��combe County. I£ constniction should affect subsurface areas beyond tl�e defined APE, Curther archaeological consultation might be necessary. 12-t0-0033 SUPPORT DOCUNIENTATION See attacl�ed: Map(s), Previous Survey In£o, Photos, Correspondence, Photocopy of notes from county survey. FINDING BY NCDOT CULTURAL RESOURCES PROFESSIONAL NO SURVEY RC•OUIRED ARCHAEOLOGY � HISTORICARCHITECTURE (CIRCLEONE) i � ;.:.._�,- r ��..�.. . �� C. Damon Jones NCDOT Cultural Resources Specialist ]0/31/12 Date .y" � .`� 5 �� .a�� i 1.�.� �. �(�'R�!rp.,} ,y� y r" ._.i.�'i'. . ':.r; ��i` '; � C . a :.. �` A x�� 1 i `F • r � � �., a . �1 � j.. `.SP�. 'Tr.�_.:..+r. . .. .r-�_.� rr : • . . I � ., "IUr�.. •� . . 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