20110667 Ver 1_Application_20110614

?o
STATE OF NORTH CAROLINA Q ,
DEPARTMENT OF TRANSPORTATI 0// Y
BEVERLY EAVES PERDUE EUGE ONTI, JR.
GOVERNOR SECRE
June 30, 2011
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN: Ms. Lori Beckwith
NCDOT Coordinator
110667
Subject: Application for Section 404 Regional General Permit 198200031 and
Section 401 Water Quality Certification for the proposed replacement of
Bridge No. 148 over Lamance Creek on SR 1326 in Transylvania County,
Federal Aid Project No. BRZ-1326(3); Division 14; TIP No. B-4989,$240.00
Debit Work Order WBS Element 40461.1.1.
Dear Madam:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No.
148 over Lamance Creek on SR 1326 with a 48-foot reinforced concrete box culvert. There
will be 50 linear feet of permanent impacts to surface waters which includes 17 feet of bank
stabilization. There will also be <0.01 of permanent fill and mechanized clearing in a
wetland from the culvert installation. In addition, 55 feet of temporary impacts to surface
waters will result from dewatering during culvert installation.
Please see enclosed copies of the Pre-Construction Notification (PCN), EEP Acceptance
Letter, permit drawings, stormwater management plan and design plans for the above-
referenced project. ' The Programmatic Categorical Exclusion (PCE) was completed in
December 2010 and was distributed shortly thereafter. Additional copies are available upon
request.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] ATLAN is AVENUE
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS SUITE 116
1598 MAIL SERVICE CENTER WEBSITE: WWWNCDOLORG RALEIGH NC 27604
RALEIGH NC 27699-1598
Comments from the North Carolina Wildlife Resources Commission (NCWRC) will be
required prior to authorization by the Corps of Engineers. By copy of this letter and
attachment, NCDOT herby requests NCWRC review. NCDOT request that NCWRC
forward their comments to the Corps of Engineers and the NCDOT within 30 calendar days .
of receipt of this application.
This project calls for a letting date of March 20, 2012 and a review date of January 23, 2012;
however, the let date may advance as additional funding becomes available.
A copy of this permit application and its distribution list will be posted on the NCDOT
website at: http://www.nedot.org/doh/preconstruct/pe/neu/petmit.html. If you have any
questions or need additional information, please e-mail Jeff Hemphill at
[e-mail].
Sincerely,
E. ,1-w-
/ Gregory J. Thorpe, Ph.D.
Branch Manager
Project Development & Environmental Analysis
Cc: NCDOT Permit Application Standard Distribution List
File
2
o?(?LFIWA77F9
?b V,Y
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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
1a. Type(s) of approval sought from the
Corps:

Section 404 Permit E] Section 10 Permit
I
1b. Specify Nationwide Permit (NW P) number: or General Permit (GP) number: 198200031
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
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 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: Replacement of Bridge 148 over Lamance Creek on SR 1326
21b. County: Transylvania
2c. Nearest municipality / town: Balsam Grove
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no: 8-4989
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. 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.: (919) 707-61
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
40. 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
1 a. Property identification no. (tax PIN or parcel ID): not applicable
1 b. Site coordinates (in decimal degrees): Latitude: 35.2056 Longitude: - 82.8856
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 26 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to North Fork French Broad River
proposed project:
2b. Water Quality Classification of nearest receiving water: B;Tr
2c. River basin: French Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Rural residential - forested
3b. List the total estimated acreage of all existing wetlands on the property:
0.47
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
203
3d. Explain the purpose of the proposed project:
To replace a structurally deficient (and/ or) functionally obsolete bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project involves replacing a 20.5-foot bridge with a 48-foot, 12 x 6 foot reinforced concrete box culvert (RCBC) on the
existing alignment with an off-site detour. Standard road building equipment, such as trucks, dozers, and cranes will be
used.
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: Yes
41b. If the Corps made the jurisdictional determination, what type

Preliminary ®Final
El
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: NCDOT
Name (if known): Jeff Hemphill Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
August 26, 2008
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.
6. Future Project Plans
6a. Is this a phased project? ? Yes ®No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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
Site 1 ® P ? T Fill Bog forest ® Yes
? No ® Corps
? DWQ <0.01

Site 2 ®P [:1 T Mechanized
clearing Bog Forest El Yes
? No ® Corps
? DWQ <0.01
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
<0.01
2g. Total wetland impacts 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. 3b. 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 RCBC Lamance Creek ® PER
? INT ® Corps
? DWQ 10 33
Site 2 ® P ? T Bank
Stabilization Lamance Creek ® PER
? INT ® Corps
? DWQ 10 17
Site 3 ? P ® T Dewatering Lamance Creek ® PER
? INT ® Corps
? DWQ 10 55
Site 4 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 5 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 50 Perm
55 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. 41b. 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
04E] PEI 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. 5b. 5c. 5d. 5e.
Wedand Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded
Filled Excavat
Flooded
Filled
Excavated
Flooded
ed
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
?Tor-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
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
6
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
An off site detour will be utilized thus reducing onsite impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Grass shoulders and grass ditches will be used throughout the project to treat stormwater before entering the stream and
Class I rip rap wll be used at the proposed culvert outlet to minimize erosion to the stream banks.The North Carolina
Wildlife Resource Commission (WRC) issued a Trout Moratorium on February 11, 2008 for in stream construction
covering the trout-spawning period from October 15 to April 15. The North Carolina Division of Water Quality (NCDWQ)
has designated Lamance Creek as trout waters; therefore, Design Standards in Sensitive Watersheds will be
implemented for this project.
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:
21b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

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

pro
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: 66 (33 LF at 2:1) linear feet
4c. If using stream mitigation, stream temperature: ? warm ® cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) 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
la. 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: if yes, see attached permit drawings.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A
21b. 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 Stormwater 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 11
31b. 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 ? Yes ? 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:
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 N/A
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No N/A
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?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval'
® Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
21b. 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?
51b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
? Raleigh
5c. If yes, indicate the USFW S Field Office you have contacted.
.
Asheville
L1
5d . What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NCDOT field surveys Virginia spiraea, Mountain sweet pitcher plant & Swamp pink - 6/24/09. Small whorled pogonia
and Mountain sweet pitcher plant - 8/14/07 and the North Carolina Natural Heritage database determined No Effect
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?
NMFS County Index
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?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a . Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
81b . If yes, explain how project meets FEMA requirements: NCDOT Hydraulics Unit coordination with FEMA
8c . What source(s) did you use to make the floodplain determination? FEMA Maps

3d'
Dr. Gregory J. Thorpe, Ph D
' Date
Applicant/Agent
s Printed Name Ap icant/ ent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-1334 County: Transylvania U.S.G.S. Quad: Lake Toxaway
NOTIFICATION OF JURISDICTIONAL DETERMINATIO
Property Owner/Agent: NCDOT, Natural Environment Unit, Attn: Jeff Hemphill - RECEIVED
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Telephone No.: 919-715-1458 SEP 3 2008
Property description:
Size (acres) 250 Nearest Town Rosman
Nearest Waterway Lamance Creek, UT's, and adjacent wetlands River Basin Frei
USGS HUC 06010105 Coordinates 35.2054/82.8859
Odd1SON OF I MAYS
7CE OF NAtURAL ENVIRONMENT
Location description The proiect area surrounding Bridge No. 148 on SR 1326, Macedonia Cburch Road, over
Lamance Creek north of Rosman, Transylvania County, NC (TIP B-4989).
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property 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.
There are waters and wetlands on the above described property 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 years from the date of this notification.
- We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
X The waters and wetlands have been delineated and are accurately depicted on the submitted GPS map. 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.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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 years from the date of this
notification.
Action Id. SAW-2008-1334
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact David Baker at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. Lamance Creek and the unnamed tributaries are
tributary to the French Broad River which is a Section 10 navigable-in-fact waterway (TNW).
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. 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 by October 26, 2008.
**It is not necessary 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: August 26, 2008
Expiration Date: Aut=-ust 26, 2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUrRED OR AVAILABLE.
Wmt° Va .a® 1C ?y .. °a3' I fix`. p u

b
45

Applicant: NCDOT, Natural Environment File Number: SAW-2008-1334 Date: August 26, 2008
Unit, Attn: Jeff Hemphill
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 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.
• 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 II 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 It 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 It 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.

C'"'?v "ra" Sr v' wti. _ tyi H .x3G 'u '? •fi?'
?
or OBJECTIONS TO ANII?IITII I?R{3FFERED 3?ERMI3 ;}
SECTIONII REQ[EST F pR,APPEAI
x
„
. .,
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.
POINT OF CONTAG FOR': UESTIOI3S OR INFORIvjATION
c
7
.
3v_
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
David Baker, Project Manager Mr. Michael F. Bell, Administrative Appeal Review
USACE, Asheville Regulatory Field Office Officer
151 Patton Ave CESAD-ET-CO-R
RM 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806 60 Forsyth Street, Room 9M15
828-271-7980 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
investigations.
Date:
number:
Telephone
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
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
r?
PROGRAM
June 24, 2011
Mr. Gregory J. Thorpe, Ph.D.
Manager, Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
B-4989, Replace Bridge Number 148 over Laurance Creek on SR 1326, Transylvania
County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream mitigation for the subject project. Based on the information supplied by you on June 21 and
24, 2011, the impacts are located in CU 06010105 of the French Broad River Basin in the Southern Mountains (SM)
Eco-Region, and are as follows:
French Broad Stream Wetlands Buff
06010105
Cold
Cool Warm
Riparian Non- Coastal
parian HZone
SM Ri
Impacts 33 0 0 0 0 0 0
(feet/acres
mmits to implementing sufficient compensatory stream mitigation credits to offset the impacts
EEP co
associated with this project in accordance with the N.C. Department of Environment and Natural Resources'
Ecosystem Enhancement Program In-Lieu Fee Instrument dated July 28, 2010. If the above referenced impact
amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance
letter will be required from EEP.
. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-
1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Lori Beckwith, USACE - Asheville Regulatory Field Office
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File: B-4989
R P StOY! Gt?G ... E{2?ta/f Prot" OGLY S W&
ern
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
STORMWATER MANAGEMENT PLAN
B-4989, WBS No. 40461.1.1
Transylvania County
Hydraulics Project Manager: Andrew Nottingham, PE
Date: 04/19/2011
ROADWAY DESCRIPTION
The project involves the replacement of Bridge No. 148 over Lamance Creek on SR 1326
(Macedonia Church Road). The overall length of the project is 0.057 miles. The project
will replace an existing 20.5 foot length bridge with a 48-foot long, 12-foot wide by 6-
foot high precast reinforced concrete box culvert. An offsite detour will be utilized.
ENVIRONMENTAL DESCRIPTION AND IMPACTS
The project is located in the French Broad River Basin. The drainage area at the crossing
is approximately 430 acres. The proposed culvert impacts Lamance Creek, which is
classified as Class C and Tr (Trout Waters). Lamance Creek is not listed on the 2006 .
303d list. Approximately 0.01 acres of wetlands located near -L- Station 11+45 Right
will be impacted. Stream impacts are due to the proposed culvert. Wetland impacts are
due to roadway fill from the proposed roadway widening.
Approximately 50-feet of permanent stream impacts and 55-feet of temporary stream
impacts will occur.
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
Best Management Practices (BMP's) and measures used on the project are an attempt to
reduce the impacts to the receiving stream due to erosion & runoff. Class I rip rap is used
at the proposed culvert outlet to minimize erosion to the stream banks. Grass shoulders
and grass roadway ditches will be used.
CULVERT
-L- Station 11+70.24 replace existing bridge over Lamance Creek with 12-foot wide by
6-foot high precast reinforced concrete box culvert. The culvert will be buried 1-foot and
will have alternating low flow sills to facilitate fish passage.
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DIVISION OF HIGHWAYS
TRANSYLVANIA COUNTY
PROJECT: 40461.1.1 (B-4989)
SR 1326
MACEDONIA CHURCH RD.
LAMANCE CREEK
Permit Drawing
SAeet/ OF of 4/7/11
NORTH CAROLINA
PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO.
2
NAMES ADDRESSES
Maurice & Patricia Whitmire 507 Highland Ave. Johnson City, Tenn. 37604
United States Forest Service 160 Zillicoa St. Ste.A Asheville, NC 28801 -1082
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