20090493 Ver 1_More Info Received_20091103

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEvERLYPERDUE
GOVERNOR
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN: Dave Baker
NCDOT Coordinator
October 28, 2009
GENE CONE
SECRETARY
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Subject: Request for Modified Section 404 Nationwide Permits 23, 33, and Revised
Application for Section 401 Water Quality Certification for the proposed
replacement of Bridge No. 117 over West Buffalo Creek on SR 1123 (Huffman
Creek Road) in Graham County, Federal Aid Project No. BRZ-1 123(9);
Division 14; TIP No. B-4123; 5240.00 debit WBS 33476. 1.1
Reference: Section 404 Nationwide Permits 23, 33 (SAW-2009-0893)
Application for Section 401 Water Quality Certification dated April 29, 2009
Dear Sir:
This revised Section 401 WQC permit application and request for modified Section 404 NWP 23,
33 pen-nits is submitted for the addition of a wetland impact previously omitted from the original
application sent in April 2009. The North Carolina Department of Transportation (NCDOT)
proposes to replace Bridge No. 117 over West Buffalo Creek.on SR 1123. There will be 0.07 acres
of total wetland impacts in addition to 66 feet of temporary surface water impacts and 51 feet of
permanent surface water impacts already reported in the previous application.
Please see enclosed copies of the revised Pre-Construction Notification form (PCN), Rapanos form,
July 7, 2009 Jurisdictional Determination and revised permit drawings.
Also, please note this project calls for a revised letting date of February 16,2010; however, the let
date may advance as additional funding becomes available.
Comments from the North Carolina Wildlife Resources Commission (NCWRC) were forwarded to
USACE on June 11, 2009 in response to the April 29, 2009 permit application.
MAILING ADDRESS:
INC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
ENVIRONMENTAL RESOURCE CENTER
4701 ATLAWIC AVENUE, SUITE 116
RALEIGH NC 27604
A copy of this permit application will be posted on the NCDOT Website at:
http://www.ncdot.org/doh/preconstruct/pe/. If you have any questions or need additional
information, please call Jeremy Learner at [phone].
Sincerely
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
w/attachment
Mr. Brian Wrenn, NCDWQ (5 copies)
Ms. Marla Chambers, NCWRC
Ms. Marella Buncick, USFWS
Mr. Dave Baker, USACE
w/o attach ment (see permit website for attachments)
Dr. David Chang, P.E., Hydraulics
Mr. Mark Staley, Roadside Environmental
Mr. Victor Barbour, P.E., Project Services Unit
Mr. Greg Perfetti, P.E., Structure Design
Mr. J. B. (Joel) Setzer, P.E., Division Engineer
Mr. Mark Davis, DEO
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USAGE, Wilmington
Mr. Pam Williams, PDEA
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
OF W ATF., G
I I r
o
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
la. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NW P) number: 23 33 or General Permit (GP) number:
1c. Has the NW P or GP number been verified by the Corps? ® Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Replacment of Bridge 117 over West Buffalo Road on SR 1123 (Huffman Creek Road)
21b. County: Graham
2c. Nearest municipality / town: Santeetlah
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no B4123
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
31b. Deed Book and Page No. not applicable
3c. Responsible Party (for LLC if
applicable): not applicable
3d. Street address: 1598 Mail Service Center
3e. City, state, zip: Raleigh, NC 27699-1598
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: not applicable
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: not applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): not applicable
1 b. Site coordinates (in decimal degrees): Latitude: 35.34944 Longitude: - 83.86056
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 1.84 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to West Buffalo Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C - Tr
2c. River basin: Little Tenessee
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:
Bridge No. 117 is located on SR 1123 over West Buffalo Creek in Graham County. The bridge has deteriorated beyond
rehabilitation and must be replaced. The surrounding land is mixed wooded and agricultural in a rural setting.
3b. List the total estimated acreage of all existing wetlands on the property:
0.07
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
550
3d. Explain the purpose of the proposed project:
To replace a structurally deficient and functionally obsolete bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
Bridge replacement project involving heavy construction equipment and manual labor to install a culvert.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/

® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: USACE
Name (if known): Dave Baker Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
July 7, 2009
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NW 23/ 33 application was submitted April 29,2009 that did not show the two wetlands being impacted. A 404 permit '
was issued July 7, 2009.
6. Future Project Plans
6a. Is this a phased project? ? Yes ®No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
Ia. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 21b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
Site l ®P ? T 30" RCP ? Yes ® Corps <0
01
® No ? DWQ .
Site 2 ® P ? T Roadway fill ? Yes ® Corps 0
06
® No ? DWQ .
Site 3 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 4 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 5 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.07 Permanent
0 Temporary
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. 31b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of Average Impact length
number - (PER) or jurisdiction stream (linear feet)
Permanent (P) or intermittent (Corps - 404, 10 width
Temporary (T) (INT)? DWQ - non-404, (feet)
other)
Site 1
? P ®T Bottomless West Buffalo ® PER ® Corps
20
46
culvert Creek ? INT ? DWQ
Site 2 ® P ? T Bottomless West Buffalo ® PER ® Corps
20
34
culvert Creek ? INT ? DWQ
Site 3 ? P ® T 30" RCP install Ut ® PER ® Corps 2 20
? INT ? DWQ
Site 4 ®P F1 T 30" RCP pipe Ut ® PER ® Corps 2 17
? INT ? DWQ
Site 5 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 6 E] P -I T ? PER ? Corps
? INT ? DWQ
31h. Total stream and tributary impacts 51 Perm
66 Temp
3i. Comments:
4
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 individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number - waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts X Permanent
X Temporary
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 51b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond Excavat
Flooded Filled ed Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
51h. 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 impacts require mitig ation, 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 for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?
B1 ?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.
Replacing the bridge with a bottomless concrete arch culvert downstream was chosen rather than the traditional culvert
b/cit has the least environmental impacts and lowest construction costs. Other alternatives would impact Hooper Mill
Creek, which empties into West Buffalo Creek 50' upstream of the existing bridge. The "do nothing" alternative was not
considered due to the resulting elimination of the use of SR 1123 and closing or removing the bridge. A moratorium for in-
stream work to protect trout is in effect from October 15 - April 15.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts will be minimized by constructing a bottomless culvert and surficial bridge runoff will not be directed into West
Buffalo Creek via deck drains. Design Standards for Sensitive Watersheds will be utilized.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State

2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ®No
If no, explain: Minimal impacts of 0.07 acres of wetland
impacts resulting from roadway fill and 30" reinforced
concrete pipe installation; stream impacts along the banks
are for the bottomless culvert
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: not applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWO 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 plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
11b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: if yes, see attached permit drawings.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A
2b . Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
See attached permit drawings.
? Certified Local Government
2e. Who will be responsible for the review of the Slormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? not applicable
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been J EYes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HOW
(check all that apply): ? ORW
? Session Law 2006-246
? Other:
41b. 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
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. 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
letter.) ® Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes
additional development, which could impact nearby downstream water quality? ®No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Due to the minimal transportation impact resulting from this bridge replacement, this project will neither influence nearby
land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility,
not applicable
10
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a . Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b . Have you checked with the USFWS concerning Endangered Species Act ? Yes ®No
impacts?
?
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?
Habitat assessment and survey by NCDOT biologists. NHP database check.
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?
NHP records
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)?
71b . What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a . Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b . If yes, explain how project meets FEMA requirements: NCDOT Hydraulics coordination with FEMA
8c. What source(s) did you use to make the floodplain determination? FEMA Maps

? v `F1 r0
Dr. Gregory J. Thome, PhD
_
' D
t
Applicant/Agent
s Printed Name
Ap i a t/ n Signature a
e
(Agent's signature is va only if authorization letter from the applican t
is rovided.
11
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 1: 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: Graham City: Santeelah
Center coordinates of site (ht/long in degree decimal format): Lat. 35.34944° i\, Long. 83.86056° R!.
Universal Transverse Mercator:
Name of nearest waterbodv: West Buffalo Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Little Tennessee
Name of watershed or Hydrologic Unit Code (HUC): 06010204
® Check if map/diagram of review area and/or potential jurisdictional areas is/we available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
?" Office (Desk) Determination. Date:
® Field Determination. Date(s): 5-26-09
SECTION 11: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There BiekeLtst "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]
?Q Waters subject to the ebb and flow of the tide.
Q 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 Pick_Eist "waters ofthe U.S." 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
Q Wetlands adjacent to TNWs
® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
® Non-RPWs that flow directly or indirectly into TNWs
E] Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
El Impoundments ofjurisdictional waters
® Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 500 linear feet: 25 width (ft) and/or acres.
Wetlands: 0.07 acres.
c. Limits (boundaries) of jurisdiction based on: fFek lit
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable) 3
0 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be notjurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section 111 below.
'For purposes of this form, an RP W 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 IILF.
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.I. 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 IILB 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 1S 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 Rarranos 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 II1.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 IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 221 squai•
Drainage area: 12.78?squ_i6%l s
Average annual rainfall: 60.0 inches
Average annual snowfall: 15 inches
(ii) Physical Characteristics:
(a) Relationshio with TNW,
® Tributary flows directly into TNW.
? Tributary flows through Biek?List tributaries before entering TNW.
Project waters are Pick•List river miles from TNW.
Project waters are EickL'isf river miles from RPW.
<,
Project waters are Pick= List aerial (straight) miles from TNW.
Project waters are EickSfet aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, if known:
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' 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: 25 feet
Average depth: 1.5 feet
Average side slopes: 21.
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: stable, healthy.
Presence of run/riffle/pool complexes. Explain: run/riffle pool sequences present.
Tributary geometry: NYeanW4g9
Tributary gradient (approximate average slope): I %
(c) Flow:
Tributary provides for: Seas'onal!flow
Estimate average number of flow events in review area/vear: 20?(iir;- greater)
Describe flow regime: constant.
Other information on duration and volume:
Surface flow is: Pick;list. Characteristics:
Subsurface flow: Pic-kliist. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
? OHWM' (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.t 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
ne 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: Water has high clarity.
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily severjunsdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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 condor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Trout reproduction.
? Other environmentally-sensitive species. Explain findings:
? Aquatie/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:0.07acres
Wetland type. Explainmon-riverine.
Wetland quality. Explain:Wetland is created by SR 1123 and a private driveway.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TN
W:
Flow is: NoiFlow . Explain:
Surface flow is: t
Characteristics:
Subsurface flow: Unlm '"own. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: An elevated pipe extends from underneath the private
driveway connecting wetland to West Buffalo Creek. This pipe receives no flow (perched).
? Ecological connection. Explain:
? Separated by berm/barrier. Explain: -
(d) Proximity (Relationship) to TNW
Project wetlands are 17(or less) river miles from TNW.
Project waters are SZ(or>('1;es°s) aerial (straight) miles from TNW.
Flow is from: No Flow
Estimate approximate location of wetland as within the S1_ 0 y a 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: Wetland is not inundated but saturated within top 12".
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: not forested.
? 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: d
Approximately ( 0.07 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Yes 0.07
Summarize overall biological, chemical and physical functions being performed: This wetland is not forested. It has
hydric soils, hydrophytic vegetation and subsurface hydrology as a result of SR 1123 and the adjacent driveway. An 18" pipe is
installed under the private driveway but is perched, not allowing any flow, if any flow was there due to heavy rainfall events, to
drain through the pipe.
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 Rapanns 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: If a significant nexus exists, it is the perched pipe that flows underneath the private
driveway..
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:
Q TNWs: linear feet width (ft), Or, acres.
El Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
El Tributaries of TN W s where tributaries typically flow year-round arejurisdictional. Provide data and rationale indicating that
tributary is perennial:
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 IILB. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
0 Tributary waters: 500 linear feet 25 width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
El Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
n 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. -
IJ Wetlands directly abut RPW and thus arejurisdictional 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 IILB 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.
Q 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: 0.07acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional.
Q 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
Q 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):"
0 which are or could be used by interstate or foreign travelers for recreational or other purposes.
"See Footnote # 3.
To complete the analysis refer to the key in Section 111.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Ac! Jurisdiction Following Rapanos.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
0 Interstate isolated waters. Explain:
[D Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
ff] Tributary waters: linear feet width (ft).
Q 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..
Q 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 forjurisdiction. Explain:
Q Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis ofjurisdiction 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):
Q Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Q 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 forjurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Q 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
Q Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
?-t U.S. Geological Survey map(s). Cite scale & quad name:
Q USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
FV9 State/Local wetland inventory map(s):
E FEMA/FIRM maps:
El 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Q Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Q Previous determination(s). File no, and date of response letter:
Q Applicable/supporting case law:
*?i! Applicable/supporting scientific literature:
Other information (please specify):ARC MAP GIS.
U.S. ARMY CORPS OF ENGINEERS
WILMfNGTON DISTRICT
i

Action ID. SAW-2009-0893
Coun Graham USGS ty: Quad: Santeetlah Creek
TIP No. B-4123

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
lie

Property Owner / Authorized Agent: Greeorv J. Thorpe. Ph.D.. Environmental Management
Director, PDEA, NCDOT ;
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Telephone No.: 919-431-6680
Size and location of property (water body, road name/number, town; etc.): Bridge No. 117 on SR 1123,
Huffman Creek Road, over West Buffalo Creek near Santeetlah in Graham Countv. NC
Description of projects area and activity: To replace Bridge No. 117 over West Buffalo Creek on SR
1123, Huffman Creek Road, near Santeetlah in Graham County. NC (TIP No B-4123)The
deteriorated bridge is to be replaced with a bottomless culvert. The proiect will require 66LF of
temporary culvert impact and 51 LF of permanent culvert impact in West Buffalo Creek and an
unnamed tributary
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW23 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
Special Conditions
1. All work must be performed in strict compliance with the plans received by this office on IvIav 11, 2009,
which are a part of this permit. Any modification to the permit plans must be approved by the USACE
prior to implementation
2. Failure to institute and carry out the details of these special conditions will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
3. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit, and any authorized modifications, including all
conditions, shall be available at the project site during construction and maintenance of this project.
4. This permit does not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area.
5. All conditions of the attached North Carolina Wildlife Resources Commission letter of June I L 2009 are
hereby incorporated as special conditions of this permit.
The permittee will report any violation of these conditions or violations of Section 404 of the
Clean Water Act in writing to the Wilmington District, U. S Army Corps of Engineers, within 24
hours of the permittee's discovery of the violation.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified. such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e.. are under construction) or
are under contract to commence in reliance upon the nationwide permit. will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Qualin?
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginnm2 work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit. or the Corps of
Engineers regulatory program, please contact David Baker at 828-271-7980.
Corps Regulatorv Official -David Baker Date: Juh 7, 2009
Expiration Date of Verification: JuIv 7, 2011
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
http://regulatory.usacesurvey.com / to complete the survey online.
Determination of Jurisdiction:
A. ? Based on prehminarv information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five vears
from the date of this notification. -
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: West Buffalo Creek is a tributary to the Little Tennessee River which is a
Section 10 navi2abie-in-fact waterway (i --
Appeals Information: (This information does not apply to preliminarv determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: David Baker, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form.. it must be received at the above address within 60
davs from the Jssue Dare below.
**It is not necessarv to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Issue Date: Julv 7. 2009
Expiration Date: Julv 7. 2014
SURVEY PLATS, FIELD SKETCH. WETLAND DELINEATION FORMS, PROJECT PLANS. ETC..
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mark Davis, Division 14
Permit Number: SAW-2009-0893
Permit Type: NW 23 and 33
Name of County: Graham
Name of Permittee: Gregor J. Thorpe, Ph.D., Environmental Management Director,
PDEA,NCDOT
Date of Issuance: July 7, 2009
Project Manager: David Baker
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue. Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
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Applicant: Thorpe, Ph.D., Environmental File Number: SAW-2009-0893 Date: July 7, 2009
Management Director. PDEA. NCDOT
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and retum it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section ? of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as. previously written. After evaluating your objections. the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
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3ECTIONIl, tRE?iIESTFOR"APPEAlior!OB:TECTIONS TO,ANINIrTIALPROFF.ER<EDP.ERIvIaIsT, ,,,stt
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting; and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
-P©INT OF CONTACTlFOIZs
t 8TIONSs®RINF®RMt1iTION
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If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
David Baker, Project Manager Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street. Room 9M15
Atlanta. Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigation .
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Baker, Project Manager,
Asheville Regulator' Field Office, 151 Patton Avenue; Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsvth Street, Room
9M15, Atlanta, Georgia 30303-8801

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