20110707 Ver 1_Application_20110728

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION '~Re~,H
Brvituv Envrs PExntn. EuGrlvc A. CONTI, Jx.
GOVERNOR SECRErnRY
July 25, 2011
Ms. Loretta Beckwith, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208 ~ ~ ®~
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 1383 Stoney Mountain Road
Henderson County
State Project No. 140.045068 (DWQ Minor Permit Fee $240)
Dear Ms. Beckwith:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, drain and
pave a section of SR 1383, Stoney Mountain Road, in Henderson County in order to add 125 feet of
turn lane for the county landfill. Stoney Mountain Road is a secondary paved road, which conveys
local traffic. The project will require the replacement of one culvert. The proposed improvements of
SR 1383 have been identified as necessary maintenance and safety improvements. Funds have been
allocated for this project, and NCDOT would lrke to perform these activities sometime during the .
2011 paving season.
I am sending a typical section of the road, cross sections, drawings forpipe culvert replacements,
photographs, a mazked county map and USGS quad map.
The North Cazolina Natural Heritage Database was checked for records of threatened and endangered
species. There aze no records of threatened or endangered species for the unnamed tributary of Mill
Pond Creek. Additionally, there are no records for the entire Mill Pond Creek watershed. The
unnamed tributary is small (2-feet in width) at Stoney Mountain Road. The project is limited to the
addition of a short turn lane and the area has been disturbed previously. Most of the area to be
affected is maintained in grass. The impacts from a single culvert replacement will be minimal.
The best management practices will be used to minimize and control erosion and sedimentation on this
project. Water will be pumped around the work area to minimize sedimentation from the pipe trench.
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SR 1383, Stoney Mountain Road
The construction foreman will review al] control measures during installation to ensure erosion and
sedimentation is controlled effectively. If the planned devices are not functioning as intended, they
will be replaced immediately with better devices. The erosion and 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 tributary to Mill Pond Creek is shown on the USGS topographic map. The stream is
approximately two feet in width with awell-defined channel composed of silt, sand and gravel
substrate. The channel lacks vegetation. The unnamed tributary flows approximately 300 feet to Mill
Pond Creek. Mill Pond Creek flows approximately 2.8 miles to the French Broad River. The French
Broad River meets the definition of a Traditional Navigable Water. For these reasons, we believe the
unnamed tributary is a Relatively Permanent Water and is under the jurisdiction of the U. S. Army
Corps of Engineers. In order to replace this culvert, it will be necessary to impact waters of the
United States in the French Broad River Basin. Specifically, NCDOT is requesting to extend one
meta] culvert in an unnamed tributary to Mill Pond Creek (DWQ Class: WS-IV). Listed below is a
su~mna~•y of the proposed impacts.
Site No. Existing Condition Proposed Condition Net Impacts
Site 1 40' x 36" CMP 48' x 36" CMP 8'
Site lA Free Flowin Channel Te or Flow Diversion 75'
Total Permanent Impact":uitLinear,Feet ~, °'~~r`~. ~ .,„'„ , ,~,,,,;,;,~~:8
Temporary Impact for Impervious Dikes and Flow Diversion in Linear Feet 75
Permits Requested
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 at [phone] or Lori
Jones at [phone].
Sincerely,
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Steven L. Cannon, P.E.
District Engineer

SR 1383, Stoney Mountain Road
Enclosures
cc: Mr. Brian Wrenn, DWQ, DENR, Raleigh (4 copies)
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Mike Parker, DWQ, Asheville
Mr. Jayson Mays, Biologist, U.S. Fish and Wildlife Service, Asheville
Mr. Mark Davis, Division Environmental Officer,'NCDOT
Mr. Mark Cribbs, Division Maintenance Engineer, NCDOT
Mr. E.L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Ms. Lori M. Jones, P.E., Henderson County Maintenance Engineer, NCDOT
File

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Pre-Construction Notification (PCN) Application Form
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For Section 404 and/or Section 10 Nationwide,. Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buller Rules
SR 1383 Stoney Mtn Road
Henderson County
NCDOT Division 14

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Office Use Only
Corps action ID no.
DWO project no.
Form Version 1.3 Dec 102008
Pre-Construction Notifcation PCN Form
A. A licant Information
1. Processing .
1a. Type(s) of approval sough from the
Corps:
®Sedion 404 Permit ^ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ^Yes ®No
td. Type(s) of approval sough from the DWO (check all that apply):
® 401 Water Quality Certification- Regular ^ Non-404 Jurisdictional General Permit
^401WaterQualdyCert'fiication-Express ^RiparianBufferAuthorization
1e. Is this notfication solely for the record
because written approval is not required? For the record only for DWQ 401
Cert~cation:
^ Yes ®No For the record only for Corps Permit:

^Yes ®No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? ff 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. ff yes, answer 1 h
below. ^Yes ®No
1h. Is the project boated wdhin a NC DCM Area of Environmental Concern (AEC)? ^Yes ®No
2. Project Information
2a. Name of project: SR 1383 Stoney Mountain Road
2b. Courtly: Henderson
2c. Nearest municipality/town: Hendersonville
2d. Subdivision name: N/A
2e. NCDOT only, T.LP. or state
project no: 14.045144
3. Owner Information
3a. Name(s) on Recorded Deed: NC Dept. of Transportation
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC'rf
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 Forrn -Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is: ^ AgeM ®Other, specrfy: District Engineer
4b. Name: Steven L. Cannon
4c. Business name
(if applicable): North Carolina Department of Transportation
4d. Street address: 4142 Haywood Road
4e. City, state, zip: Mills River, NC 28759
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agerd/Consukant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable): N/A
5c. Street address: N/A
5d. Ci[y, 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 identfication no. (tax PIN or parcel ID): N/A
1b. Site coordinates (in decimal degrees): Latitude: 35.35245° Longitude: - 82.50139°
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Mill Pond Creek
proposed project:
2b. Water Qualtty Class cation of nearest receiving water: WS-IV
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:
Landscape is a mixture of forest with single family residences and commercial properties.
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:
Replace and add length to existing culvert to facilitate the installation of a turn lane for the landfill.
3e. Describe the overall project in detail, including the type of equipment to be used:
Water will be diverted. The pipe will be excavated and replacedlextended. The road will be widened by grubbing and
grading to provide sufficient width to construct the turn lane. The area will be_graded and paved. Track hoes, dump
trucks, paving equipment, water pumps, diversion pipe, and various hand tools 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. ff yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permtts or cert~cations been requested or obtained for ^ Yes ®No ^ Unknown
this project (including all pdor phases) in the past?
Sb. 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
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 impaled.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impal Type of wetland Forested (Corps - 404, 10 Area of impal
Permanent (P) or (If known) DWO -non-404, other) (acres)
Tem ora T
W 1 ^ P ^ T N/A N/A ^ Yes
^ No ^Corps
^DWQ N/A
^ Yes ^Corps
W2 ^ P ^ T ^ No ^ DWO
^ Yes ^Corps
W3 ^ P ^ T ^ No ^ DWO
^ Yes ^Corps
W4 ^ P ^ T ^ No ^DWQ
^ Yes ^Corps
W5 ^ P ^ T ^ No ^ DWO
^ Yes ^Corps
W6 ^ P ^ T ^ No ^ DWO
2g. Total wetland impacts
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impals) proposed on the site, then complete this
question for all stream sites impaled.
3a. 3 b. 3c. 3d. 3e. 3f. 3g.
Stream impal Type of impal Stream name Perennial Type ofjurisdilion Average Impal
number- (PER)or (Corps-404,10 stream length
Permanent (P) or intermittent DWO -non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ^ T Culvert UT to Mill Pond ®PER ®Corps 2 8
Creek ^INT ® DWQ
S2 ^ P ®T Flow Diversion UT to Mill Pond
Creek ®PER
^INT ®Corps
®DWQ 2 85
S3 ^ P ^ T PER ^Corps
^ INT ^ DWO
^PER ^Corps
S4 ^ P ^ T ^ INT ^ DWO
^PER ^Corps
SS ^ P ^ T ^ INT ^DWQ
^PER ^Corps
S6 ^ P ^ T ^ INT ^ DWO
3b. Total stream and tributary impacts 8
3i. Comments: Total temporary impal for impervious dikes and flow diversion is 85 feet.
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- (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem ora 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
4g. Comments: N/A
5. Pond or Lake Construction
If and or lake construction ro osed, then com lete 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 Fboded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
Sf. Total N/A N/A N/A N/A N/A N/A N/A
5g. Commerrts: N/A
5h. Is a dam high hazard permd required?
^ Yes ^ No If yes, permit ID no:
Si. Expelled pond surface area (acres): N/A
Sj. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
H project will impact a protected riparian buffer, then complete the chart below. If yes, then individualy list all buffer impacts
below. tf an im ads re uire mi[i anon, then ou MUST fill out Section D of this form.
6a.
^ Neuse ^Tar-Pamlico ^ Other:
Project is in which protected basin? ^ Catawba ^ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Tem ora T im ad re wired?
s
61 ^ P ^ T N/A N/A O Na N/A N/A
^Yes
B2 ^P^T ^ No
^Yes
63 ^P^T ^ No
6h. Total butler impacts
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 culvert is being extended only to the length needed to facilitate the addition of the turn lane.
1 b. Specrfically describe 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 at culvert installation site.
Water will be diverted around the site during pipe installation to limit downstream habitat and water quality degradation.
Appropriate BMPs according to the approved erosion and sedimentation control plan will be installed 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 requircd by (check all that apply): ^ DW Q ^ CorpS

2c. If yes, which mdigation 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. Commerrts: 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 mdigation, stream temperature: ^ warm ®cool ^cold
4d. Buffer mitigation requested (DWt1 only)' N/A square feet
4e. Riparian wetland mdigation 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 Pennittee 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. W ill the project resuR 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 mtigation
(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. 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).
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 d adjacent to protected riparian buffers identfied ^Yes ®No
within one of the'NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? ff no, explain why.
^ Yes ®No
Comments: N/A
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? N/A
2b. Does this project require a Stormwater Management Plan? ®Yes ^ No
2c. ff this project DOES NOT require a Stormwater Management Plan, explain why
2d. If this projecfDOES require a StormwaterManagemenfPlan, 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 Stormwater Program
^ DWO401 Und
3. Certified Local Governmerrt Stormwater Review
3a. In which bcal governmerrt's jurisdiction is this project? N/A
^ Phase II
^ NSW
3b. Which of the following locally-implemented Stormwater management programs ^ USMP
apply (check all that apply): ^ Water Supply W atershed
^ Other: N/A
3c. Has the approved Stormwater Management Plan with proof of approval been ^Yes ^ No
attached?
4. DWQ Stormwater Pro ram Review
^ Coastal crounties
^ 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 wdh proof of approval been
^Yes ^ No
attached?
5. DWQ 401 Unit Sformwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A ^Yes ^ No
5b. Have all of the 401 Unit submittal requirements been met? N/A ^Yes ^ No
Page 8 of 10
PCN Form -Version 1.3 December 10, 2008 Version

F. Supplementary Information ,
~. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenddure of public (federaVstate/local) funds or the ®Yes ^ No
use of public (federaVstate) land?
1 b. ff 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 Ad (NEPA/SEPA)?
1 c. ff 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 sde 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 26 .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): 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 the adddion of.a turn lane at the land fill entrance to improve safety. This safety improvement
should not have significant impacts on development patterns..
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposdion (norrdischarge 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)
Sa. Will this project occur iri or near an area with federally protected species or ^ Yes ®No
habdat?
5b. Have you checked with the USFWS concerning Endangered Species Ad ^ Yes ®No
impacts?
^ Raleigh
5c. ff yes, indicate the USFWS Field Office you have contacted.
^ A
h
ill
ev
s
e
5d. What data sources did you use to determine whether your stte would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Herttage Database.
6. Essential Fish Habitat (Corps RequiremenR)
6a. W ill this project occur in or near an area designated as essential fish habdat? ^ Yes ®No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
N/A-There are no marine or estuarine communities within the Blue Ridge 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 sign~caM in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your stte wouk impact historic or archeological resources?
This project is limited in scope. The lane is being installed abng a commercial area that has been signficantly disturbed in
the past. Therefore we believe there is very little potential to impact cultural resources.
8. Flood Zone Designation (Corps Requirement)
8a. W ill this project occur in aFEMA-designated 100-year fbodplain? ^ Yes ®No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Steven L. Cannon ~p~,`~--~' ,,~ July 25, 2011
ApplicanUAgent's Printed Name Applica UAgent's Signature Date
(Agent's signature is valid only rf an authorization letter from the applicant
is rovided.
Page 10 of 10
PCN Form -Version 1.3 December 10, 2008 Version

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name SR 1383 Stoney Mountain Road-Landfill Turn Lane
2. Name of Property Owner/Applicant:gNC Department of Transportation
3. Name of Consultant/Agent: N/A
'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: Hendersonville
8. County: Henderson
9. Lat: _35.35247° N Lon,g: -82.50139W°W Decimal Degrees)
10. Quadrangle Name: -Hendersonville
11. Waterway: Unnamed Tributary to Mill Pond Cree (Class WS-Nl:
12. Watershed: French-Broad River
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:

1383 Stoney Mtn. Rd.
iderson County
Existing & Prop. Center Line
Qr------------------------------------------«
Inlet Invert Elev. Replace Existing Perched Oulet Invert Elev.
992.9 40'x36"CMP with 48'x36" CMP 992.4
gs Approximately 20' from shoulder of existing road
1 994.6
2 991.2
See plans for erosion control
* Drawing not to scale

APPROVED JURISDICTIONAL DETERMINATTON 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.
SECTTON I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPRO VED JURISDICTTONAI. DETERMINATION (JD):
B. DISTRICT OFFICE, FII,E NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: SR 1383 Stoney Mtn. Road
Slate:NC County/parish borough: Ilenderson City: Hendersonville
CeNcr,coordinates of site (IaUlong in degree decimal formaQ: iat. 35.35245° N Long. 82.50139° W.
Universal Transverse Mercator:
Name of nearest waterbody: Unnamed Tributary to Mill Pond Creek (DWQ Class WS-N)
Name of nearest Traditional Navigable Water (CNW) Into which the aquatic resource flows: French }3road River
Name oCwatershed or Hydrologic Unit Code (1-IUC): 06010105030010
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Q Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are rewrded on a
different JD form
D. REVIEW PERFORMED FOR SITE EVALUATTON (CH.ECK ALL TRAT APPLY):
® Office (Desk) Deternrination Date: July 15. 2011
® Field Deterndnation. Date(s): July 20, 201 ]
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTTON.
There Amen "navigable waters of the US" within Rivers and Harbors Act (RIIA)jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
Q Waters subjed to the ebb and flow oC We tide.
Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Hxplain: -
B. CWA SECTION 404 DETERMINATTON OF JURISDICTTON.
There r"waters of the US" within Clean Water Act (CWA) jurisdiction (as definedby 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): ' -
0 TNWs, including territorial seas
Q Wetlands adjacent to TNWs
~[ Relatively permanent watersz (RPWs) that Ilow directly or indirectly into TNWs.
Q Non-RPWs that flow directly or indirectly into TNWs
Q Wetlands directly abutting RPWs that ttow din;ctly nr indirectly into TNWs
Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indvectly into TNWs
Q Wetlands adjacent tonon-RPWs that flow directly or indirectly into TNWs
Q Impoundments ofjurisdic[ional waters
Q Isolated (interstate or inUastate)waters, including isolated wetlands
b. Identify (estimate) siie of waters of the U.S. in the review area:
Non-wetland waters: 100 ]ineaz feet: 2 width (tt) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.'
Elevation of established OHWM (ifknovm):
2. Noa-regulated waters/wetlands (check if applicable):'
Potentiallyjurisdictional waters and/or wetlands were assessed within the review area and determined to be notjurisdictionat
Explain: .
~ F3ozes checked below shall be supported by completing the appropriate sections in Section III below.
~ Por purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or bas continuous flaw at least "seasonally"
/c ° tvoV~ally 7 mnnlhcl

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assertjurisdiction m~er TNWs and wetlands adjacent to TNWs. It the aquatic resource is a TNW, complete
Section IILA.I end Section ID.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.L; otherwise, see Section IILB below.
1. TNW
. Identify "INW:
Sttrrnnarize rationale supporting determination:
2. Wetland adjacent to TNW
Surrar>arize 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 informaton regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdictionestablished under Rapanar have been meta
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are `4elatlvely permanent
waters" (RPWs), i.e, tributaries that typically flow year-round or have continuous Dow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional If the aquatic resource is out 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 Dow,
skip to Section IILD.4.
Awetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions wdl 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 news finding is not required as a matter of law.
If the waterbody~ is not an RPW, or a wetland duectly abu[tihg an RPW, a JD will requi>•e additional data [o determine if the
waterbody has'e significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider [he tributary in combination with aD of its adjacent wetlands. This signiDcant nexus evaluatioo that combines, for
analytical purposes, the tributary and aD of its adjacent wetlands is used whether the review area identified in the JD request is
[he tributary, or its adjacent wetlands, or both. Hthe JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section IILB.2 fur any onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics ofnon-TNWs that Dow directly or indmectly into TNW
(i) General Area Conditions:
Watershed size: Pick_Cist
Drainage area: Pick List
Avemge annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary Mows directly intti'1NW.
^ Tributazy flows through Pick List tributaries before entering TNW.
Project waters arc PickI;ist river miles from TNW.
-r. ~xr
Project waters are Pick List river miles from RP W.
rm: -., y
Project waters are Pick~Iiist aerial (straight) miles ham TNW.
Project waters are Pick I:is4 aerial (straight) rniles from RPW
Project waters crossor serve as state boundaries: Explain:
Identify flow route to TNWS:
'tributary stream order, i f known:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
West.
r Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then Flows into TNW.

(b) Genexal-Tribetacv Characteristics (check.all-that aonlvl:
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Hxplain:
Tributary properiics with [aspect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Piiik'List.
Primary tributary substrate wmposition (check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/%cover: -
^ Other. Explain:
Tributary condition stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of mu/riffle/pool complexes. Explain:
Tributary geometry: Pick~List -
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Pick~liist
Estimate average number of flow events in review area/year: Pick-List
Describe flow regime:
Other information on duration and volume:
Surface Ilow is: Pick"L`ist. Characteristics:
Subsurface flow: Pick List. Explain findings:
^ D}~e (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWiM6 (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 terres[dal vegetation
the presence of wrack line
sediment sorting
.scour
multiple observed or predicted Dow events
abrupt change in plant wrmnunity
^ Discontinuous OHWM ~ Explain:
If factors other than the OIdWM were used to determ
High 'fide Linc indicated by: ^
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/chamclcrislics
^ tidal gauges
^ other (list):
ine lateral extent oCCWA jurisdiction (check al] [hat apply)
Mean 1-Iigh Water Mark indicated by:
^ survey to available datum;
^physical rnazMngs;
^ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics: -
Characterize trbutazy (e.g., water color is clear, discolored, oily fihn; water quality, general watershed characteristics, etc.).
Explain: ~.
Identify specific pollutants, if known:
°A namml or man-made discontinuity in the OH WM does not necessarily severjurisdiclion (e.g., where the stream temporarily Bows undergound, or where
the OfIWM has been removed by developnrenl or a®icultural practices). Where there is n break in the OH WM that is uarelated to the walcrbody's Bow
regime (e. g., Bow over a rack outcrop or through a culvert), the agencies will look for indicators of flow above and below the bmak
tlbid

(iv) Biological Characteristics. Channel supports (check aB 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 specks. Explain findings:
^ Aquatic/wIldlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-1NW that Bow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties: -
Wetland size: acres -
Wetlandtype. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick-List. Explain:
Surface flow is: Pic L st
Characteristics:
Subsurface Ilow: Pick+Erst. Explain Endings:
^ Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
^ Drrectly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Separated by berm4>arrier. Explain: ~ .
{d) Proximity (Relationship) to TNW
Project wetlands are Pick+L'-ist river rnilcs from 1NW.
Project waters are Pick-Lis[ aerial (straight) miles fiom TNW.
-.,-,:rr.,r-r-.
Flow is fivm Pick•List.
Esthnate approximate location of wetland as within the Pic~~'k lii`t floodplain.
(u) Chemical Characteristics:
Characterize wetland system (e.g., water color is cleaz, brown, oil film on surface; water quality, general watershed
characteristics; etc.). Explain:
Identify speciSc pollutants, if (mown:
(iii) Biological Characteristcs. Wetland supports (check aB that apply):
^ Riparian buffer. Chazacteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain Endings:
^ Other environmentally-sensifive species. Explain findings:
^ Aquatidwildlife diversity. Explain Endings:
3. Characteristics of a0 wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick-List
'Approximately ( )acres in total aze being considered in the cumulative analysis.

For each wetland, spccily the following:
Directly abuts? (YMl Size (in awes) Directly abuts? (YQ~ Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERIIHNATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent [o the tributary to determine if [hey 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 nexusinclude, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, cod 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 floudplain 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:
• Docs 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?
• Dces 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 wctlands(if any), have the capacity to transfer nutrients andorganic carbon that
support downstroam foodwebs7
• 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 signifcant nexus below, based on the tributary itself, then go to Section ID.ll:
2. Significant nexus findings for oon-RPW and ifs adjacent wetlands, where the non-RPW flows dtrecdy or indirectly into
TNW s. 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 lIlll: ,
3. Significant nexus findings for wetlands adjacent to ao 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 10
Section fII.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPL]7:
I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
Q TNWs: linear feel width (ft), Or, acres.
Q Wetlands adjacent to TNWs: acres.
2.. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow yeaz-round arejudsdictional. Provide data and rationale indicating that
tributary is perennial: The stream is shown as a perennial stream on the USGS topographic map..
Q Tributaries of "fNW 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 forjurisdicliona] waters in the review"area (check"all IhaC apply):
® Tributary waters: 1001inear Ceet 2 width (fl).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs" that flow directly ar indirectly into TNWs.
Watefiody that is not a "fNW or an Rl'W, but flows dvectly or indirectly into a TNW, audit has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates forjurisdictional waters within the review area (check all that apply):
0 Tributary waters: lineaz feet width (fl).
Q Other non-wetland waters: acres.
Identify type(s) ol'waters:
4. ~ Wetlands directly abutting an RPW that Ilow directly or indrrec[ly into TNWs.
Q Wetlands diroctly abut RPW and thus arejtrrisdictional as adjacent wetlands.
Q 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:
Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal m Section IILB and rationale in Section llLD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdiclional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Q Wetlands that do not directly abut an RY W, but when considered in combination with the tributary to which they are adjacent
and with sirrrilarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided aCSection IILC.
Provide acreage estimates forjurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly ar ind'vectly into TNWs.
Q Wetlands adjacent to such waters, and have when considered in combination with the Mbutary to which they aze adjacent and
with similarly situated adjacent wetlands; have a significant nexus with aTNW are jurisdictional. Datasupporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.°
As a greneral.mle, the impoundment of a jurisdictionaktributary remains jurisdictional.
Q Demonstrate that impoundment was created from "waters of the U.S.," or
Q Demonstrate that water meets the criteria for one of the categories presented above (16), or
Q llemoristrate that water is isolated with a nexus to corrnrrerce (see E below).
E. ISOLATED (INTERSTATE OR INTRA-STATES WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):t0
Q which are or could be used by interstate or foreign travelers for recreational or other purposes.
Q from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
Q which are or could be used for industrial purposes by industries in interstate corrnrrerce.
Q Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
sSee Footrrote d 3.
° To wrr~lete the analysis refer to the key in Section QLD.6 of the Instructional Guidebook
10 Prior to asserting or declining C WAj urisdiction based solely on this category, Corps Dietrich will elevate the action [o Corps and EPA RQ for
review consistent with the process described In the Corps/EPA Memorandum Regarding CWA AcI Juricdicfion Following Raponos.

Provide estimates for jurisdictional waters in the review area (check al] that apply):
Q Tributary waters: linear feet width (ft).
^ Onc~r non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
F. NON~IIJRISDICTIONAL WATERS, INCLUDING WETLANDS (CAECK ALL THAT APPL]~:
^ If potential wetlands were assessed within the review area, these auras did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplem:nts.
Q Review area included isolated waters with no subsk~ntial nexus to inters1atc (or foreign) enrrnnerce.
^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solel on the
"Migratory Bird Rule" (MIIR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction. 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 irrigalcd agriculture), using best professional
udgment.(check all drat.apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (fl).
Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
Provide acreage estimates Car non jurisdictional waters in [he 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.c., rivers, streams): linear feet, width (fl).
I.akes/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 myuested, appropriately reference sources below):.
® Maps, plans, plots or plat submitted by or on behalf of the applicanUconsultant:
^ Data sheets prepared/subrrdtted by or on behalf of the applicanUconsultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur with data sheets/delineation report.
Q llala sheets prepared by the Corps:
Corps navigable waters' study:
U. S. Gcolo~cal Survey Hydrologic Atlas: -
^ USGS NI-ID data
^ USGS 8 and 12 digit IIUC 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:
Q State/Local wetland inventory map(s):
^ FEMA/FII2M maps:
100-year Floodplain Elevation is: (National Geodectic Vertical llatum of 1929)
® Photographs: ^ Aerial (Name & Date):
or ®Other (Name & Date):Cuhert Site, June 2011.
^ Previous deternrination(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:

Henderson County
SR 1383 Stoney Mtn. Road
NW 14 Site
Site 1 35.35245°N 82.50139°W
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.~ ~ ~
1 ~ u~l
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y~ a
8
/ ..~.