20110656 Ver 1_Application_20110713

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION i
BEVERLY EAVES PERDUE
GOVERNOR
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN: Ms. Sarah Elizabeth Hair
NCDOT Coordinator
Dear Madam:
Subject: Application for Section 404 Nationwide 23, 33, and 13 Permits and Section 401
Water Quality Certification for the proposed replacement of Bridge No. 184
over Waxhaw Creek on SR 1113 (Davis Road) in Union County, Federal Aid
Project No. BRZ-1113(3); Division 10; TIP No. B-4294; WBS 33632.1.1.
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 184
over Waxhaw Creek on SR 1113. There will be 0.02 acre of mechanized clearing of wetlands,
less than 0.01 acre (or 20 feet) of temporary surface water impacts, and 10 feet of bank
stabilization impacts.
Please see enclosed copies of the Pre-Construction Notification (PCN), permit drawings,
stormwater management plan, design plans, Rapanos Forms, EEP acceptance letter, and
previous Jurisdictional Determination for the above referenced project. The Biological Opinion
for this project will be submitted under separate cover once the document is received. The
Programmatic Categorical Exclusion (PCE) was completed in June 2007. Documents were
distributed shortly thereafter. Additional copies are available upon request.
This project calls for a letting date of November 15, 2011 and a review date of September 27,
2011.
July 8, 2011
[ , VD
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S'?w',7r
EUGENE A. CONTI, JR.
SECRETARY
11®656
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPNENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
4701 ATLANTIC AVENUE
SUITE 116
RALEIGH NC 27604
A copy of this permit application and its distribution list will be posted on the NCDOT Website
at: http://www.ncdot.org/doh/preconstruct/pe/neu/permit.html. If you have any questions or
need additional information, please contact Michael Turchy at maturchy(@ncdot.eov or (919)
707-6157.
Sincerely,
k Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
"cc" List:
NCDOT Permit Application Standard Distribution List.
o2C)F ,NAT F97
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Office Use Only:
Corps action ID no.
DWO 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:
I

Section 404 Permit E] Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 23 33 13 or General Permit (GP) number:
1c. 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
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 No. 184 over Waxhaw Creek on SR 1113.
2b. County: Union
2c. Nearest municipality / town: Waxhaw
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no: B-4294
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: 1 South Wilmington Street
3e. City, state, zip: Raleigh, NC 27601
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 11
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:
Page 2 of 11
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: 34.857260 Longitude: - 80.746090
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 3 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to yyaxhaw
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba
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:
Forested & Rural low density residentail
3b. List the total estimated acreage of all existing wetlands on the property:
0.43
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
720
3d. Explain the purpose of the proposed project:
To replace a structurally deficient bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
Replacement of bridge number 184, a two span, 71' structure, with a single span 100' structure, over Waxhaw Creek on
SR 1113 (Davis Road). Cranes, backhoes, excavators 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:
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: HDR
Name (if known): Lund, Steven Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
March 25, 2003. JD Expired in 2008, therefore the NCDOT is requesting for a "final approved" JD.
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.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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
W1 ® P ? T Fill Riparian ® Yes
? No ® Corps
? DWQ 0.02
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
0.02
2g. Total wetland impacts mechanized
clearing
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)
S1 ®P ? T Bank Waxhaw Creek ® PER ® Corps 35 10
Stabilization ? INT El DWQ
S2 ? P ®T Temporary Fill Waxhaw Creek ® PER
? INT ® Corps
? DWQ 35 20
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
10' linear,
permanent
impact
3h. Total stream and tributary impacts 20 feet (<0.01)
acre of
temporary
impact
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3i. Comments:
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.
Open water
impact number-
Permanent (P) or
Temporary T 4b.
Name of
waterbody .
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland (acres)
PondlD
number Proposed use or
purpose of pond
Flooded
Filled
Excav
ated

Flooded

Filled Exc

oval
ed

Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 5 of 11
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 miti gation, 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 Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) or for Stream name mitigation feet) (square feet)
Temporary T impact required?
B1 ?P?T ONos
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The bridge will be a single span that will completely span Waxhaw Creek.
tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Design Standards for Sensitive Waters will be used for this project. A pre-formed scour hole was used to diffuse
stonnwater flow.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in-lieu fee program
project?
? Penmittee 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: 0 linear feet
The NCDOT does not propose mitigation for stream bank
stabilization activities. Stabilizing the bank of a stream does not
require fill in the stream bed and, therefore, under Section 404
of the Clean Water Act, does not constitute Loss of Waters of
the U.S. and is not subject to compensatory mitigation.
Furthermore, the proposed bank stabilization activities are
necessary to prevent erosion and sedimentation, i.e. preventing
bank destabilization and minimiRing impacts to the
environment.
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: 0.02 acre @ 2:1= 0.04 acre
4f. Non-riparian wetland mitigation requested: 0 acres
4g . Coastal (tidal) wetland mitigation requested: 0 acres
4h . Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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:
Page 8 of 11
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.
[I Yes No
?
Comments:
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 Stonmwater Management Plan, then provide a brief, narrative description of the plan:
See attached Stormwater Management Plan.
? 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 II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? 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
? HQW
42. Which of the following state-implemented stonmwater 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 N/A
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No N/A
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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
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 ® 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.
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
Page 10 of 11
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?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ® A
he
ille
s
v
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A BA/ BO is required for this project due to the Critical Area designation for the Carolina Heelsplitter by the USFWS. The
remaining species include Michaux's sumac and SchweinitZ's sunflower which were last surveyed for in 2009 and
received a biological conclusion of 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?
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?
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

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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 11 of 11
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d/1 DIVISIONOFHIGHWAYS
PRoEcT DEVELOPMENT&
ENVIRONMENTAL ANALYSIs BRANCH
UNION COUNTY'
REPLACE BRIDGE No. 184 ON SR 1113
OVER WAXHAW CREEK
B-4294
Figure 1
Permit Drawing
Sheet-Of
PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO.
NAMES
ADDRESSES
3
ARTHUR & LOUISE WYSE
6717 DAVIS RD.
WAXHAW, NC 28173
5
WYCLIFFE BIBLE TRANSLATORS, INC.
WYCUFFEJAARS CENTER
WAXHAW, NC 28106
Permit Dr wing
Sheet of
NCDOT
DIVISION OF HIGHWAYS
UNION COUNTY
PROJECT: 33632.1.1 (8-4294)
BRG.a 184 OVER
WAXHAW CREEK AND
APPROACHES ON SR 1113

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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 I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: B4294 (Bridge No. 184 over Waxhaw Creek on SR 1113.)
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Union City. Waxhaw
Center coordinates of site (lat/long in degree decimal format): Lat. 34.857260° S, Long. -80.746087" ®.
Universal Transverse Mercator.
Name of nearest waterbody: Waxhaw Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03050103
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and we recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): 031252003
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the review am [Required)
® Waters subject to the ebb and flow of the tide.
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 f "Seaters of the US." 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): r
TNWs, including territorial seas
I Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
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
Impoundments of jurisdictional 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: 3040 width (ft) and/or acres.
Wetlands: 0.04 acres.
c. Limits (boundaries) of jurisdiction based on: stab ` eda yf.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable) 3
® 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-mund or has continuous flow at least "seasonally"
(e.g., typically 3 months).
r Supporting documentation is presented in Section III.F.

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 HLAA and Section III.D.1. 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: Catawba River.
Summarize rationale supporting determination: Catawba River is 120 - 200 feet wide and as much as twenty feet deep. This river
supports boat traffic and historically barge traffic.
2. Wetland adjacent to TNW
Summarize 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 Rapanos 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 IILDA.
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 HI.B.2 for any onsite wetlands, and Section HI.B3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IH.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:
?
Drainage area: elti
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
? Tributary flows through tributaries before entering TNW.
Project waters are M river miles from TNW.
Project waters are river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
' Note that the instructional Guidebook contains additional information regarding swales, ditches, washes, and emsional features generally and in the and
West.
' Flow mute can be described by identifying, e.g., tributary a, which flows durough the review area, to flow into tributary b, which then flows into TNW.
Tributary stream order, if known:
(b) Geneml 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: feet
Average depth: feet
Average side slopes:
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 croding, sloughing banks]. Explain:
Presence of run/riflle/ ool complexes. Explain:
Tributary geometry:
Tributary gradient (approximate average slope): %
(c) Flaw:
Tributary provides for. fs
Estimate average number of flow events in review area/year.
Describe flow regime:
Otha information on duration and volume:
Surface flow is: Characteristics:
Subsurface flow: . Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (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):
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 OHWM.' Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: is
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
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:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where 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 ova 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 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
(1) 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: - . Explain:
Surface flow is:
Characteristics:
Subsurface flow: . Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are river miles from TNW.
Project waters are aerial (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the floodplain.
(i) 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 buffer. Characteristics (type, average width):
? Vegetation typelpercent cover. Explain:
? Habitat for:
? Federally Listed species.' Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatidwildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if an
All wetland(s) being considered in the cumulative analysis: . ek
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS
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 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, 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:
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:
TNWs: linear feet width (fl), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TN Ws.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Waxhaw Creek and its UTs have NCDWQ stream rating scores greater than 30.
0 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 III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 500 linear feet 30-40 width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
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 III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
® Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
1 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: The impacted wetland is within the floodplain of Waxhaw Creek.
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 arejurisidictional. 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.
51 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 forjurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general role, 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 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):la '
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.
.g Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
s To complete the analysis refs to the key in Section 111.13.6 of the Instructional Guidebook.
a 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 Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
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 for jurisdiction. Explain:
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
'udgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear fee[ width (ft).
Lakes/ponds: acres.
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 farjurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakestponds: 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 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 [naps.
U.S. Geological Survey map(s). Cite scale & quad name:
zs USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
Statc/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):
Previous determination(s). File no. and date of response letter.
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
r?
PROGRAM
June 14, 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-4294, Replace Bridge Number 184 over Waxhaw Creek on SR 1113, Union County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory riparian wetland mitigation for the subject project Based on the information supplied by you on June
8, 2011, the impacts are located in CU 03050103 of the Catawba River Basin in the Southern Piedmont (SP) Eco-
Region, and are as follows:
Catawba Stream Wetlands Buffer (Sq. Ft.)
03050103 Non- Coastal

SP Cold Cool Wart Riparian
Riparian
Marsh Zone 1 Zone 2
Impacts 0 0 0 0.02 0 0 0 0
feettacres
EEP commits to implementing sufficient compensatory riparian wetland mitigation credits to offset the
impacts 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 and consistent with the Guidance
for Expanded Service Area for Mitigating Impacts within the Lower Catawba River Basin adopted by the
PACG-TC'on September 12, 2006, and renewed on October 8, 2008. 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.
1929.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-
Sincerely,
&- ":c.Q 16J-"
Willi Gilmore, P.E.
EEP Director
cc: Ms. Liz Harr, USACE - Asheville Regulatory Field Office
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File: B-4294
RP,StDYGK?... E?... Pro" ow Stag
ASPA
RUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nreep.net
U.S. ARMY CORPS OF ENGINEERS
rty:UW28 FLV
Wilmington District
Action ID: 200330477 Co 2003
o,.
Notification of Jurisdictional Determination ?"0?0
/?O?CEVE??p
Property Owner: NCDOT Authorized Agent: HDR Engineeri&TD
l ANf
Address: Gregory J. Thorpe, Project Attn: Phillip May
Development and Environmental Analysis Address: 128 S Tryon Street, Suite 1400
1548 Mail Service Center Charlotte, NC 28202-5004
Raleigh, NC 27699-1548 Telephone: [phone]
Telephone: [phone]
Size and Location of Property (waterbody, Highway name/number, town, etc.):
L.»TIP No. B-4294; Bridge on SR 1113 over Waxhaw Creek near Waxhaw
W-r TIP No. B-4296, Bridge on SR 1321 over West Fork Twelve Mile Creek near Waxhaw
Basis for Determination: Delineation Maps dated Feb. 24, 2003 and Data Forms dated December
18, 2002 identifying hydrophytic' vegetation, wetland hydrology, hydric soil and ordinary high
water lines
Indicate Which of the Following apply:
0 The surface waters and wetlands on this project have been delineated and the limits of the Corps jurisdiction have
been explained to you. Unless there is a change in the law or our published regulations, this detemiination may be
relied upon for a period not to exceed five years from the date of this notification.
Placement of dredged or till material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Steven W. Lund at 828-271-7980 x 4.
Project Manager Signature
Date: March 25, 2003
Expiration Date: March 25, 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THIS FORM.

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