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:
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h y
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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
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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
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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
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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
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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
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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
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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
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