20110672 Ver 1_Application_20110705

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
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BEVERLY EAVES PERDUE EUGENE A. CONTt JR.
GOVERNOR SRCRETN Y
July 12, 2011,
Ms. Lori Beckwith, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714 6 72 04
Subject: Nationwide 14 Permit Application
SR 1151, Cash Road
Transylvania County
State Project No. 14C.088023 (DWQ Minor Permit Fee $240)
Dear Ms. Beckwith:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, drain and
pave SR 1151, Cash Road, in Transylvania County. This proposal entails widening and paving the
gravel road to a standard 18-foot roadway. The project begins at the intersection of SR 1151 and SR
1152, Upper Whitewater Road, and proceeds in a westerly direction for approximately 3,475 feet to
the end of maintenance. SR 1151 is a secondary gravel road, which conveys local traffic.
The project will require the extension and/or replacement of three corrugated metal pipes.
Additionally, the project will require the diversion of a stream, which is currently flowing into the road
ditch, back into its natural channel. NCDOT believes that a developer in the area may have diverted
the stream into the road ditch that flows under the'main driveway for a development. The stream
flows approximately 265 feet along the road before it intersects a cross pipe that carries the stream
under the road. The stream then flows out into a forested area below a fill slope of the road. There is
no established channel beyond the scour area near the outlet of the cross pipe. After replacing the pipe
at site two, the stream will be diverted back into its original channel and the portion of the ditch
leading from the stream channel to the driveway pipe will be plugged.
I am enclosing a typical section of the road, drawings for pipe culvert replacements, a marked county
map, USGS quad map and photographs.
The North Carolina Natural Heritage Database was checked for records of threatened and endangered
species. There are no records of threatened or endangered species for the unnamed tributaries of
Corbin Creek. The streams are headwater streams and do not have sufficient flow to support mussels
District OneaO ce„Phone ;(828989179/1,. 4142 HpywooJ Road,_Mr/1s River No,'th Carolina 18759, y 't -01-5626

SR 1151, Cash Road
and fish habitat is also limited. Because there was a concern that the habitat might be suitable for the
small whorled pogonia (Isotes medeoloides), the road was surveyed by biologists with the NCDOT
Natural Environment Unit on June 1, 2011. No small whorled pogonia or any other threatened or
endangered species were identified during the survey. The impact from the installation of the three
culverts and the diversion of the stream back to its proper channel should have insignificant effects on
downstream habitat.
The best management practices will be used to minimize and control sedimentation and erosion on this
project. Water will be pumped around the work area to minimize erosion and sedimentation from the
pipe trench. The construction foreman will review all sedimentation control measures during
installation to ensure sedimentation is controlled effectively. If the planned devices are not functioning
as intended, they will be replaced immediately with better devices. The sedimentation control devices
will be in place prior to pipe culvert removal and remain in place until the new pipe is in place.
Impacts to Waters of the United States
The unnamed tributaries to Corbin Creek (DWQ Class: C Tr HQW) are not shown on the USGS
topographic map. The streams are approximately one foot in width with defined channels composed
of sand and gravel substrate. The channels lack vegetation. All streams appear to be first order
streams near their spring origins. The unnamed tributary at site one flows approximately 0.7 miles to
Corbin Creek and the unnamed tributary at site three flows approximately 1.1 miles to Corbin Creek.
Corbin Creek then flows approximately 2.0 miles to Whitewater River. Whitewater River flows
approximately 2.7 miles to Lake Jocassee. Lake Jocassee meets the definition of a Traditional
Navigable Water. For these reasons, we believe that the streams to be affected are Relative Permanent
Waters and are under the jurisdiction of the U. S. Army Corps of Engineers. In order to replace these
culverts, it will be necessary to impact waters of the United States in the Savannah River Basin.
Specifically, NCDOT is requesting to replace and extend three metal culverts in unnamed tributaries to
Corbin Creek and to divert the stream at one of the culvert sites out of a road ditch back into its
natural channel. Listed below is a summary of the proposed impacts.
Site No. Existing Condition Proposed Condition Net Impacts
Site 1 30' x 24" CMP 50' x 24" CMP 20'
Site IA Free Flowing Channel Flow Diversion 75'
Site 2 30' x 18" CMP 40'x 18" CMP 10'

Site 2A Stream Diverted into
Roadside Ditch for 265' Stream Diverted Back into its Natural
Channel
0
Site 3 25'x 18" CMP 55' x 18" CMP 30'
Site 3A Free Flowing Channel Flow Diversion 80'
Total InipactmLi car Feet x , 60
Temporary Impact for Dikes and Flow Diversion in Linear Feet 155
Permits Requested
SR 1151, Cash Road
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act for the
construction project outlined above. By copy of this letter, I am asking Mr. David McHenry,
Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to
comment directly to you concerning the 404 Nationwide Permit request.
I am also requesting authorization under Section 401 of the Clean Water Act from the North Carolina
Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In
addition, I am asking Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations
Engineer (NCDOT), to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me or Mr. Ben Williams at
[phone].
Sincerely,
0- 1-
Steven L. Cannon, P.E.
District Engineer
Enclosures
cc: Mr. Brian Wrenn, DWQ, DENR, Raleigh (4 copies)
Mn Mike Parker, DWQ, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Jason Mays, Biologist, U.S. Fish and Wildlife Service
Mr. Mark Gibbs, P.E., Division Maintenance Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer
Mr. E.L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. Ben Williams, P.E., Transylvania County Maintenance Engineer, NCDOT
File

?F
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1151 Cash Road
Transylvania County
NCDOT Division 14
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name SR 1151 Cash Road
2. Name of Property Owner/Applicant; NCDOT
3. Name of Consultant/Agent: _
*Agent authorization needs to be attached. .
4. Related/Previous Action ID number(s): N/A
5. Site Address: N/A
6. Subdivision Name: N/A
7. City: -Cashiers
8. County: Transylvania
9. Lat: 35.06538'N Long: 83.01452'W (Decimal Degrees Please)
10. Quadrangle Name: -Cashiers
l 1. Waterway: Unnamed Tributaries of Corbin Creek (Class C Tr HOW)
12. Watershed: Savannah River Basin
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:
020E WA7F?9
O T
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
Ia. Type(s) of approval sought from the
Corps:

Section 404 Permit El Section 10 Permit
I
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
tc. Has the NWP 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
1e. 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
If. 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 In
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: SR 1151 Cash Road
2b. County: Transylvania
2c. Nearest municipality / town: Cashiers
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: 140.088023
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify:
4b. Name: Steven L. Cannon
4c. Business name
(if applicable): North Carolina Department of Transportatiion '
4d. Street address: 4142 Haywood Road
4e. City, state, zip: Mills River, NC 28759
4f. Telephone no.: 828-891-7911
4g. Fax no.: 828-891-5026
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b, Business name
(if applicable): N/A
5c. Street address: N/A.
5d. City, state, zip: N/A
5e. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 10
PCN Form - Version 1.3 December 10, 2008 Version

.
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
1 b. Site coordinates (in decimal degrees): Latitude: 35.06538 Longitude: - 83.01452
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed Tributaries of Corbin Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C Tr HOW
2c. River basin: Savannah
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:
Landscape is mostly deciduous forest. Area is rural with limited single family residences.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent. and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
To upgrade the existing gravel road to current NCDOT secondary road standards
3e. Describe the overall project in detail, including the type of equipment to be used:
Widen, grade, drain and pave. The road will be cleared and grubbed and then drainage structures will be installed. The
road will be graded and paved. Track hoes, dump trucks, bulldozers, water pumps, diversion pipe, various hand tools,
sandbags will be used to accomplish the work.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ® No ? Unknown
project (including all prior phases) in the past?
Comments: N/A
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
N/A
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ- non-404, other) (acres)
Temporary T
W1 ? P ? T N/A N/A ? Yes
? No ? Corps
? DWQ N/A
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts N/A
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted-
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number- (PER) or (Corps-404,10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert UT to Corbin ? PER ® Corps 1 20
Creek ® INT ® DWQ
S1A ? P ®T Flow Diversion UT to Corbin
Creek ? PER
® INT ® Corps
® DWQ 1 75
S2 ®P ? T Culvert UT to Corbin ? PER ® Corps 1 10
Creek ® INT ® DWQ

S2A ® P ?T Flow Diversion
Back to Natural UT to Corbin ? PER ® Corps
1
0
Channel Creek ®INT ®DWQ
S3 ® P ? T Culvert UT to Corbin ® PER ® Corps 1 30
Creek ? INT ® DWQ
SM ?P ® T Flow Diversion UT to Corbin
Creek ® PER
? INT ® Corps
® DWQ 1 80
3h. Total stream and tributary impacts 60
3i. Comments: Temporary Impacts for Impervious Dikes and Flow Diversion is 155 feet. At Site 2 the stream has been
diverted under a driveway for a development and into the roadside ditch by a private property owner. The stream flows in the
ditch for approximately 265 feet before it flows under the road in a cross pipe. After the pipe at site 2 is extended, the stream
will be diverted back to its natural channel and the connection leading from the stream to the driveway pipe will be plugged.
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number- (it applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ? P ? T N/A N/A N/A N/A
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts N/A
4g. Comments: N/A
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
5f. Total
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no: NIA
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other: N/A
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 69.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
s
B1 ? P ? T N/A N/A El No N/A N/A
?Yes
B2 ?P?T ? No
?Yes
B3 ?P?T ? No
6h. Total buffer impacts N/A N/A
6i. Comments: N/A
Page 5 of 10
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The culverts are being extended in length only to provide the minimum width needed to bring this road up to current secondary
road standards.
1b. Specil'icallydescribe measures taken to avoid or minimize the proposed impacts through construction techniques.
An impervious dike will be installed in the channel to minimize the water flowing into the work area. Then water will be
diverted around the site during pipe installation to limit downstream habitat and water quality degradation. Appropriate BMPs
for High Quality Waters will be installed according to the approved erosion and sedimentation control plan prior to culvert
installation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ? No
2b. If yes, mitigation is required by (check all that apply): ® DW Q ® Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

®Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ®cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 1.5
6f. Total buffer mitigation required: N/A
6g. ff buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
N/A
6h. Comments: N/A
Page 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
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?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: N/A _
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
Project is Covered by Individual NPDES Permit NCS000250
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ StornwaterProgram
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs El USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ® No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8of10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federaVstate/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fad permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project is limited to widening and paving an existing gravel road to minimum secondary road standards. Residential
development is already occurring in the area. The road is not likely to affect the development patterns significantly.
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
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? A
h
ill
ev
e
s
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Database; and the project was surveyed for T & E plant species
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?
There are no marine or estuarine habitats within the Blue Ridge Physiographic Province
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
This project has been submitted to NCDOT Human Environment Unit for review of historical and archeological resources.
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? NC Floodplain Mapping Program
Steve L. Cannon, P.E. n July 12, 2011
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section N of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: SR 1151 Cash Road
State:NC County/parisb/bomugh:'I'ransylvania City: Cashiers
Center coordinates of site Oat/long in degree decimal format): Lat. 35.06538° N, Long. 83.01452° W.
Universal Transverse Mercator:
Name of nearest waterbody: Unnamed Tributaries to Corbin Crook (C Tr HQW)
Name of nearest Traditional Navigable Water (1NW) into which the aquatic resource flows: Lake Jocassee
Name of watershed or Hydrologic Unit Code (HUC): 03060101020010
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
0 Check if other sites (e.g., offsitc mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form
D. REVIEW PERFORMED FOR SITE E VALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: February 14, 2011
® Field Determination- Dale(s): June 22, 2011
SECTION H: SUMMARY OF FINDINGS -
A. BRA SECTION 10 DETERMINATION OF JURISDICTION.
There A no "bavigahle waters of the US" 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.
E] Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There pre "waters of the US"within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Watersofthe U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
Q TNWs, including territorial seas
Q Wetlands adjacent to TNWs
® Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
0 Non-RPWs that flow directly or indirectly into TNWs
0 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
Q Wetlands adjacent to non-RPWs that flow directly or indirectly into 1NWs
0 Impoundments ofjurisdiclional waters
0 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: 300 linear feet: I width (tl) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Esfublished.by,QHWM
Elevation of established 01-IWM (if known):
2. Non-regidated waters/wetlands (check if applienble) 3
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
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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 M.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2
and Section HI.D.1.; otherwise, see Section IIIM below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Surrunarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Ra,P aaar 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) Bow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HLDA.
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 IH.B.1 for
the. tributary, Section MX.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whethera significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) Cenral Area Conditions:
Watershed size: PickLis`'t
Drainage area: f gPickl.tst
Average annual rainfall inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are PickList river miles from RPW.
,.._?„
Project waters are Pick List aerial (straight) milts from TNW.
Project waters are Pick List aerial (straight) miles from RPW
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNV,
Tributary stream order, if ]mown:
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 byidentifying, 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 (reran-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick Lisi.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary coudition/stability [e.g., highly eroding, sloughing banks). Explain:
PresenceofnnJriflla/poolcornplexes. Explain:
Tributary geometry Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick Lisi
Estimate average number of flow events in review area/year: Pic List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick Lisi. Characteristics:
Subsurface flow: PickiList. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bad and banks
? OH WM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? _ changes in the character of soil ?
? shelving ?
? vegetation malted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? 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
? Discontinuous OI-IWM.r Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical frarkings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply)
Mean Mgb Water Mark indicated by
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types. .
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality, general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
eA natural or man-made discontinuity in the OH WM does not necessarily severjurisdiction (e.g., when the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
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(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick Lsi. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adiacencv Determination with Non-TNW'
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by bemi/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick U-stt river miles from TNW.
Project waters are ,Pick kit aerial (straight) miles from TNW.
Flow is from Pick List.
Estimate approximate location of wetland as within the Xek -List floodplain.
(u) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality, general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known: -
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian butler. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) 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)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a fioodplain is not solely determinative of significaut nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, clicurical, 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 M.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERNIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: The stream at site 3 is perennial only because the spring is impounded to cause a small water feature
near the culvert inlet. Otherwise this stream would also be intermittent.
® Tributaries ofTNW where tributaries have continuous flow "seasonally" (e.g., typicallythree months each year) are
jurisdictional. Data supporting this conclusion is provided at Section M.B. Provide rationale indicating that tributary flows
seasonally. The streams are 1 a order near their spring sources. Streams at site 1 and 2 were intermittent based on scoring on
NC DWQ Methodology for Identification of hrtermittent and Perennial Streams.
Provide estimates forjurisdictional waters in the review area (check all that apply):
® Tributary waters : 300 linear feet 1 width (ft).
*? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWsa that flow directly or indirectly into TNWs.
Watcrbody that is not a 7NW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
1NW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (fl).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow -seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered 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 M.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 TN W arejurisdictional. Data supporting this
conclusion is provided at Section 1H.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters!
As a general.rule, the impoundment of.a jurisdictional-tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRASTATE[ WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):ta .
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
'See Footnote d 3.
s To complete the analysis refer to the keyin Section 1II.D,6 ofthe Instructional Guidebook.
t' Prior to asserting or declining C WAlurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA IIQ for
review consistent with the process described in the Corps/.PM J4emorandum Regarding Cli'A Act Jurisdiction Following Rapanos.
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (fl).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Ian 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 of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non wetland waters (i.e., rivers, streams): linear feet width (fl).
Lakes/ponds: acres.
0 Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required forjurisdiction-(check -all-that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres. .
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicantleonsultant.
? 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:
?r U.S. Geological Survey Hydrologic Atlas:
? USGS NI1D data.
? USGS 8 and 12 digit HUC maps.
? U.S. Geological Survey map(s). Cite scale & quad name:
? USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s): -
? FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ? Aerial (Name & Date): _
or ® Other (Name & Date):Culvert Site, Dec. 2008.
Previous detemrination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COAMENTS TO SUPPORT JD: This JD form includes 3 small headwater streams that are similar in landscape
position, similar size. The stream at site 3 is only considered perennial because of water being impounded near culvert inlet..
NWP 3 Site 1 Coordinates 35.06538° N / 83.01452° W
SR 1151
Cash Road
Transylvania County
Existing & Prop. Center Line
1 2
----------- ---------

--------
r
-------------
1000.0 997.6
Inlet Invert Elev. Replace Existing Perched Oulet Invert Elev.
30'x 24" CMP with 50'x 24" CMP
Thalwegs Approximately 20' from shoulder of existing road
1 1000.3
2 979.6
See plans for erosion control ' Drawing not to scale
NWP 3 Site 2' Coordinates 35.06467° N / 83.01762° W
SR 1151
Cash Road
Transylvania County
Existing & Prop. Center Line
1 2
------------ --------
-------- -------------
996.0 994.0
Inlet Invert Elev. Replace Existing Perched Oulet Invert Elev.
30'x 18" CMP with 40'x 18" CMP
Thalwegs Approximately 20' from shoulder of existing road
1 996.8
2 992.4
ee plans or erosion control Drawing not to sca e
NWP 3 Site 3
SR 1151
Cash Road
County
Coordinates 35.06484° N 183.01962° W
Existing & Prop. Center Line
1 2
--------------------- -------- ------------
997.2 997.0
Inlet Invert Elev. Replace Existing Perched Oulet Invert Elev.
. 25'x 18" CMP with 55'x 18" CMP
wegs Approximately 20' from shoulder of existing road
1 999.4
2 987.4
plans for erosion control * Drawing not to scale
Transylvania County
SR 1151-Cash Road
Site 1 (35.06538-N. 83.01452°V) Sta 3+05
Outlet
Inlet
Site 1 (June 22, 2011)
SR 1151 Cash Road
Inlet
Outlet
SR 1151 Cash Road.
Site 2 (35.06467°N 83.01762"W) Stat 12+00
Inlet
Outlet
SR 1151 Cash Road
SR 1151--Cash Road
Site 3 (35.06484°N 83.01962°W) Stat 21+75
Inlet
Outlet
SR 1151-Cash Road
Site 3 Pond Above Inlet
Streams on Cash Road - SR 1151

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