20110742 Ver 1_Application_20110810

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVPRNOR
July 28, 2011
Ms. Loretta Beckwith, NCDOT Regulatory Project Manager
U.S. Army Corps ofEngineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714 1 ®~
EUGENE A. Coral, JR.
SP.CRE"fARY
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AUG 1 0 Zp~~
DENR-WAlER0DAl1TY
~1 Wms AND s10RM1'fAiHt BRANp1
Subject: Nationwide 14 Permit Application
SR 1533, Everett Road, Streambank Stabilization
Transylvania County
State Project No. 140.088023 (DWQ Minor Permit Fee $240)
Deaz Ms. Beckwith:
The North Carolina Department of Transportation (NCDOT) proposes to realign and stabilize a
roadside stream, an unnamed tributary to the French Broad River, and repair the shoulder on
Everett Road, SR 1533. Recent heary rains have caused a shoulder failure and the pavement is
in jeopardy of being undercut. The site is approximately 3925 feet east of SR 1504, Old
Hendersonville Highway. Everett Road is a secondary paved road that conveys local traffic.
The existing channel is pazallel to the road and a maintained yard and receives significant
stormwater from a relatively steep driveway immediately upstream of the project. To repair the
eroding shoulders, the channel will be realigned along sections of the channel that are cutting
into the shoulder and rock cross vanes will be installed to maintain the channel stability.
Gabions or large shot rock will be used. to reconstruct the shoulder. An effort will be made to
maintain existing stable portions of the channel as much as possible rather than excavating the
entire 150 feet.
I am enclosing a PCN, photographs showing a typical cross section of the proposed channel, an
aerial photo showing approximate vane locations, a marked county map, a USGS map and
photographs.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There aze no records of threatened or endangered species for the French
Broad River in the immediate vicinity of the shoulder stabilization project. The unnamed.
tributary is approximately one foot wide at Everett Road and does not have sufficient flow to
Division 14, District 1
Phone: [phone] Haywood Road, Mills Aiver , NC 28759 Faz: [phone]

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SR 1533 Everett Road
support mussels and fish habitat is limited. The riparian zone consists of maintained grassed
azeas including eroding bank and road shoulders; therefore, the quality of aquatic and terrestrial
habitat is of poor quality. Water will be diverted-away from the work area to prevent-the
movement of sediments to downstream areas. Adverse environmental effects from 150 feet of
streambank stabilization should be minimal.
The project footprint will be limited. to areas (i.e., shoulder areas and stream channel) that have
been disturbed previously. Therefore, we believe there is little potential to affect azchaeological
or historical resources.
The best management practices-will be used-to minimize and.control sedimentation and erosion
on this project. Sandbags will be used to divert water away from the work area to minimize
erosion and sedimentation from the bank stabilization. The construction foreman will review all
sedimentation control measures during gabion or rock installation to ensure sedimentation is
controlled effectively. The sedimentation control devices will be in place prior to construction.
Impacts to Waters of the United States
The unnamed stream is a tributary of the French Broad River and is not shown as a perennial
stream on the USGS topographic map. The stream is approximately one foot in width with a
well-defined channel composed primarily of sand and gravel. The channel lacks vegetation. The
unnamed tributary parallels Everett Road for approximately 150 feet before reaching a culvert.
The culvert then takes the stream under the road and approximately 207 feet to an agricultural
channel. The agricultural. channel then flows approximately 2100 feet to the French Broad
River. The French Broad River meets the definition of a Traditional Navigable Water. For these
reasons, we believe that the unnamed tributary is a Relatively Permanent Water under the
jurisdiction of the U. S. Army Corps of Engineers. In order to repair the shoulder, it will be
necessary to impact waters of the United States in the French Broad. River Basin. Listed below is
a summary of the impacts.
Site Existing Condition Proposed Condition Net Impacts
Eroding shoulder and Reconstructs ou er wrt ga ions ors of
'
Site 1 streambank rock; realign channel and stabilize channel 150
with rock cross vanes
Site lA Free flowing stream Flow diversion 175'
Total~P.,eririanenf:~ImpacYihihnea feet~~~1'S0
Total Temporary Impact for Impervious Dike and Flow Diversion in Linear Feet 175
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 this 404 Nationwide Permit request.

V a
SR 1533 Everett Road
I am also requesting authorization under Section 401 of the Clean Water Act from the North
Cazolina 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 (828) 891-79] 1 or
Ben Williams at [phone].
Sincerely,
Steven L. Cannon, P.E.
District Engineer
SLC/ba
Enclosures
cc: Mi•. Brian Wrenn, DWQ, DENR, Raleigh (4 copies)
Mr. Mike Pazker, DWQ, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Jason Mays, Biologist, U.S. Fish and Wildlife Service, Asheville
Mr. Mazk Gibbs, Division Maintenance Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer
Mr. E.L. Ingle, Roadside Environmental Field.Operations Engineer, NCDOT
Mr. Benjamin Williams, P.E., Transylvania County Maintenance Engineer, NCDOT
File

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name SR 1533 Everett Road Shoulder Stabilization
2. Name of Property Owner/Applicant:_NCDOT
3. Name of ConsultanUAgent: 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: Horse Shoe
8. County: Henderson
9. Lat: _35.25314° N Long: 82.67249° W_(Decimal Degrees Please )
10. Quadrangle Name: Brevard (35082-B6-TF-024)
11. Waterway: UT to French Broad River (B:Tr)
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

Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Begin Date
Site/Waters Name:
Keywords:

W ATFR
P
G
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~~
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401.
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1533 Everett Road
Transylvania County
NCDOT Division 14

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. A licant Information
1. Processing
1a. Type(s) of approval sough from the
Corps:
®Section 404 Permit ^Sedion 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NW 14 or General Permit (GP) number:
1c. Has the NW P or GP number been verged by the Carps? ^Yes ®No .
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Cert~cation -Regular ^ Norn404 Jurisdictional General Permit
^401WaterQualityCertiFcation-Express ^RiparianBufferAuthorization
1e. Is this not cation 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 mdigation
of impacts? If so, attach the acceptance letter from mitigation bank or irnlieu
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
1h. Is the project bcated within a NC DCM Area of Environmental Concern (AEC)? ^Yes ®No
2. Project Information
2a. Name of project: SR 1533 Everett Road Shoulder Stabilization
2b. County: Transylvania
2c. Nearest municipality /town: Pisgah Forest
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: 140.088023 (Temp)
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 d
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: NIA
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 11
PCN Forth -Version 1.3 December 10, 2008 Version

J
4. Applicant Information (if different from owner)
4a. Applicant is: ^ Agent ®Other, spec'rty: District Engineer
4b. Name: Steven L. Cannon
4c. Business name
('d applicable): North Carolina Department of Transportation
4d. 'Street address: 4142 Haywood Road
4e. City, state, zip: Mills River, NC 28759
4f. Telephone no.: (828}891-7911
4g. Fax no.: (828}891-5026
4h. Email address: slcannon~ncdot.gov
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable): N/A
5c. Street address: N/A
5d. City, state, zip: N/A
5e. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 11
PCN Form -Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property IderRification
1a. Property ident'fiiration rro. (tax PIN or parcel ID): N/A
1b. Site coordinates (in deamal degrees): Latitude: 35.25314 Longitude: - 82.67249
(DD.DDODDD) (-DD.DDDDDD)
1 c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed Tributary to French Broad River
proposed project:
2b. Water Quality Classfication of nearest receiving water: B
2c. River basin: French Broad River
3. Project Description
3a. Describe the existing conddions on the site and the general land use in the vicinity of the project at the time of this
application:
Road shoulder is grass and herbaceous vegetation. The immediate area is characterized by forest and open fields.
Residential devebpments are encroaching on either side of this once rural area.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
To repair soughing streambank and adjacent shoulder.
3e. Describe the overall project in detail, including the type of equipment to be used:
The water will be diverted and rock gabions or shot rock will be used to reconstruct the shoulder. The channel will be
realigned approximately 4 feet to the southeast. The new channel will be excavated and rock cross vanes installed.
Banks will be shaped and tied back to any of the existing channel that can be maintained, banks will be seeded with hard
fescue and an annual grain and matted with coir fiber matting. Track hoes, dump trucks, sandbags, pumps, diversion
pipe anti 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?
Commerrts: N/A
4b. tt the Corps made the jurisdictional determination, what type `
^ Preliminary ^ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/ConsuRant Company: N/A
Name ('rf known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ^ Yes ®No ^ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
Page 3 of i 1
PCN Form -Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ^ Yes ®No
6b. If yes, explain.
N/A
Page 4 of 11
PCN Fonn -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 ('d known) DWO -non-404, other) (acres)
Tem ora T '
W1 ^ P ^ T N/A N/A ^ Yes
^ No ^Corps
^DWQ N/A
^ Yes ^Corps
W2 ^ P ^ T ^ No ^DWQ
^ 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 impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3 b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type ofjurisdictan Average Impact
number- (PER)or (Corps-404,10 stream length
Permanent (P) or intermitti;nt DWQ -non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)

S1 ®P ^ T Stream
Realignment and ~ UT to The French
Broad River ®PER
^INT ®Corps
®DWQ
1
150
Stabilization ,
S2 ^ P ®T Flow Diversion UT to The French
Broad River ®PER
^INT ®Corps
®DWQ 1 175
^PER ^Corps
S3 ^ P ^ T ^ INT ^DWQ
^PER ^Corps
S4 ^ P ^ T ^ INT ^ DWO
^PER ^Corps
S5 ^ P ^ T ^ INT ^DWQ
^PER ^Corps
S6 ^ P ^ T ^ INT ^ DWO
3h. Total stream and tributary impacts 150
3i. Comments: Total Temporary Impacts for Impervious Dikes and Flow Diversion is175 linear feet
Page 5 of 11
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- ('rf applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem ora T
Ot ^ P ^ T N/A N/A
02 ^P^T
03 ^P^T
04 ^P^T
4f. Total open water impacts N/A
4g. Comments: N/A
5. Pond or Lake Construction -
ff and or lake construction ro osed, then com lete the chart below.
5a. Sb. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
Sf. Total N/A N/A N/A N/A N/A NfA N/A
5g. Commerrts: N/A
5h. Is a dam high hazard permit required?
^ Yes ^ No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart bebw. If yes, then individually list all buffer impacts
below. ff an im acts re wire miti ation, then ou MUST fill out Sedan D of this form.
6a.
^ Neuse ^Tar-Pamlico ^ Other:
Project is in which protected basin? ^ Catawba ^ Randleman
6b. 6c. 6d. 6e. 6f. fig.
Buffer impact
number- Reason Buffer Zone 1 impact Zone2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet),
Tem ora T im act re wired?

B1 ^ P ^ T N/A N/A O No N/A N/A
^Yes
62 ^P^T ^ No
^Yes
63 ^P^T ^ No
6h. Total buffer imparts N!A N/A
6i. Comments: N/A
Page 6 of 11
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 stream is being realigned and the streambank is being stabilized only abng the minimum length to repair the shoulder
area. Efforts will be made to maintain as much of the existing roadside channel as possible and accomplish the objective.
1 b. Spec~cally describe measures taken to avoitl or minimize the proposed impacts through consUuction techniques.
Work will be performed during daylight hours. The water will be diverted away from the bank with sandbags to keep work area
as dry as possible. Appropriate BMPs according to the approved erosion and sedimentation ooMrol plan will be installed prior
to any construction. Rock vanes will be installed to maintian stability and the banks will be seeded and matted. .
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. Tf yes, mitigation is required by (check all that apply): ^DWQ ^ Corps

2c. If yes, which mitigation option will be used for this
project? ^ Mitigation bank
®payment to in-lieu fee program

^ Permittee Responsible Mitigation
S. 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. Commens: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ^ Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ^ warm ®cool ^cold
4d. Buffer mtgation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f..Non-riparian wetland mdigatan requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A '
5. Complete if Using a Perrnittee Responsible Mtigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 7 of 11
PCN Fonn -Version 1.3 December 10, 2008 Version

' 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. W ill the project result in an impact wtthin a protected riparian buffer that requires ^ Yes ®No
buffer mttigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mttigation. Calculate the
amount of mtigation required..
6c. 6d. 6e.
Zone Reason for impact Total impact Mukiplier Required mttigation
(square feet) (square feet)
Zone 1 N/A NIA 3 (2 for Catawba) N/A
Zone 2 1.5 '
6f. Total buffer mitigation required: N/A
6g. If buffer mttigation 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. CommeMS: N/A
Page 8 of 11
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 identified ^Yes ®No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
^ Yes ®No
Comments: N/A
2. Stormwater Mane 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. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this projecCDOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
Project is covered by individual NPDES Permit NCS000250/A
^ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ®DWQ Stormwater Program
^ DWO401 Unit
3. Certified Local Governmenrt Stormwater Review
3a. In which local government'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 appty): ^ W ater Supply W atershed
^ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ^Yes ^ No
attached?
4. DWQ Stormwater Pro ram Review
^ Coastal counties
^ HOW
4a. Which of the following state-implemented Stormwater management programs apply ^ ORW
(check all that apply): ^ Session Law 2006-246
^ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
^Yes ^ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Managemert Plan meet the appropriate requirements? ^Yes ^ No
5b. Have all of the 401 Unit submittal requirements been met? ^Yes ^ No
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenddure of public (federaUstate/local) funds or the ®Yes ^ No
use of public (federaVstate) land?
1 b. If you answered "yes".to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ^Yes ®No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ^Yes ®No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b. Is this an after-the-fact permd 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) resuR in
' ^Yes ®No
add
Rional 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.
The project is limited to realignment of a short section of roadside stream to facilitate shoulder repair. The road
infrastructure is not being upgraded. Development patterns are not expected to be affected by this project.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposflion (rron-discharge'or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page ]0 of 11
PCN Form -Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Crkical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ^ Yes ®No
habRat?
5b. Have you checked with the USFWS concerning Endangered Species Act ^ Yes ®No
impacts?
^ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
^ Asheville

5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Crdical
Habitat?
North Carolina Natural Heritage Database
6. Essential Fish Habitat (Corps Requirement) .
6a. W ill 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?
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 cuRural preservation ^ Yes ®No
status (e.g., National Historic Trust designation or properties sign~carrt in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeobgiral resources?
This project is limited to the repair of the shoulder adjacent to the road and a maintained yard that is along an existing
stream channel. These areas are highly disturbed. Therefore, we believe there will be no impacts to historical resources.
8. Flood Zone Designation (Corps RequirementR)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ^ Yes ®No
Sb. ff yes, explain how project meets FEMA requirements: N1A
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Steven L. Cannon July 28, 2011
ApplicanUAgent's Printed Name ApplicanUAgent's Signature
' Date
rf an authorization letter from the applicant
(Agent's signature is valid only
is rovided.
Page 11 of 11
PCN Fonn -Version 1.3 December 10, 2008 Version

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Cnrps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instntetional Guidebook.
SECTTON I: BACKGROUND INFORMATION ~~
A. REPORT COMPLETTON DATE FOR APPROVED JURISDICTIONAL DETERMINATION (.ID):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: SR 1 S33 Everett Road Shoulder Stabili~tion.
Statc:NC County/parish borough: Transylvania City: Pisgak Fotest
Center coordinates of site (laUlong in degree decimal format): Lat. 3S.2S314° N, Long. 82.67249° W.
Universal Transverse Mercator:
Name of nearest waterbody: French Broad River (C)
Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: French Broad River
Name oCwatershed or Hydrologic Unit Code (HUC): 0601010SO100S0
® Check ifmap/diagram of review atea and/or potential jurisdictional areas is/are available upon request.
Q Chock if other sites (e.g., offsite mitigation sites, disposal sites, etc...) aze associated with this action and are recorded on a
difFerent JD form
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® OfFice (Desk) I?etemtination. Date: July 21, 2011
^-~ Field Determination Date(s):
SECTION Iii SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OFJURISDICTION.
There Are no "navigable waters ojlhe US" within Rivers and Harbors Ad (RHA) jurisdiction (as detned by 33 CFR part 329) in the
review area [KequiredJ
Q Waters subject to the ebb and (low of the tide.
Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign wmmerce.
Explain:
B. CWA SECTTON 404 DETERMINATION OF JURISDICTION.
There Are "waters of the US" within Clean Water Ad (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [RequirerlJ
1. Waters of the U.S. - - _
a. Indicate presence of waters of U.S. in review area (check all that apply): r
TNWa, including tertitorial seas
Q Wetlands adjacent to TNWs
® Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
0 Non-RPWs that flow directly or indirectly.into TNWs
Q Wetlands directly abutting RPWs that Row directly or indirectly into TNWs
Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Q Impoundments ofjurisdictional waters
^~ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 2001inear feet: 1 width (ft) and/or acres:
Wetlands: acres
a. Limits (boundaries) of jurisdiction basedon: Esteblished,~by_OHWM_'
Elevation of established OHWM (ifknown):
2. Non-regulated waters/wetlands (check if applicable) 3
Poteutiallyjruisdictional waters and/or wetlands were assessed within the review area end determined to be not jurisdictional.
Explain:
I3oxcs checked below shall be supported by wmpleting the appropriate sections in Section III below.
' por purposes of this fotm, an RPW is defined es a tnbutazy Ikat is not a'1'N W and that typically flows year-round or has continuous flow at least "seasonally"
!e o ~N.I rr11v 7 mnnthcl '

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction aver TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section IILA.1 end Section HLD.1. only; if the aquatic resourm is a wetland adjacent to a TNW, complete Sections HLA.1 and 2
and Section IILD.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW: s.
Surrurtarize mtionale supporting determination:
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 Rnpanar have been met
The agencies will assertjurisdiction over non-navigable tributaries of TNWs where the tributaries are '4elafively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous Bow at least seasonally (e.g., typically 3
months). A wetland that directly abuts en RPW is also jurisdietlooel. If the aquatic resource is not a TN~i', but has year-round
(perennial Bow, skip to Section IILD.2. If [he aquatic resource is a wetland directly abutting a tributary with perennial Bow,
strip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Carps districts and
EPA regions wBl 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 i(any) and a traditional navigable water, even
though a significant nexus finding is not required ns o matter of law.
If the waterbody is not an RPW, or a wetland dtrecty abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with n 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 caves a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Secton IILB.2 for any onsite wetlands, end Secflon IILB3 for all wetlands adjacent to that tributary, both onsite
and affsite. The determination whether u significant nexus erists is determined in Section ID.C below.
1. Characteristics of non-TNWs that Bow directly or indvectly into TNW - '
(i) General Area Conditions:
Watershed size: rPick'~Ltst
. Drainage area: CPiek List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW: .
^ Tributary Bows directly into TNW.
^ Tributary flows through Pick List tributaries before entering TNW.
Project waters are 1'lck List river miles from TNW.
Project waters are 1?ick'liist river miles limn RPW.
Project waters are Piok~L`ist aerial (straight) miles from TN W.
Project waters are Pick'~Liat aerial (straight) miles Gum RPW.
Project waters crossor serve as state boundaries: Explain:
Identify Bow route to TNWS:
Tributary stream order, if (mown:
Note that the Instructional Guidebook wntains additional information regarding awales, ditches, washes, and erosional features generally and in the grid
Wes[.
' Flow route can be described byidentifying, e. g., tributary e, which Flows through the roview area, to Ilow into tributary b, which then Flows into TNW.

(b) General Tributary Characteristics (check all that anolvl:
Tributary is: ^Natutal
^ 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: Piek_L s .
1'rirnmy tributary substrate composition (check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gavel ~ ^ Muck
^ Bedrock ^ Vegetation. Type/%cover:
^ Other. Explain:
Tributary condition stability (e. g., highly eroding, sloughing banks]. Explain:
Presonce ofnur/riRle/pool corr~lexes. Explain: .-
Tributary geometry Piek~List
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Piek:~Cist
Estimate average number of flow events in review erea/year: Pick List
Describe Row regime:
Other information on duration and volume:
Surface flow is: Pick L .Characteristics:
Subsurface Row: Pic List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWM6 (check all indicators that apply):
^ clear, natural ling 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 Row events
abrupt change in plant community
^ Discontinuous OFIWM ~ Explain:
If factors other than the OIIWM were aced to determ
^ High Tide Line indicated by
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical nwrkings/characteristics
^ tidal gauges
^ other (list):
ine lateral extent ofCWA jurisdiction (check all that apply)
Mean High Water Mark indicated by
^ survey to available datum;
^ Physical markings;
^ vegetation lines/changes w vegetation types.
(Ri) Chemical Characteristics:
Characterize tributary (e. g., water color is clear, diswlored, oily film; water quality, general watershed characteristics, etc.).
Explain:
Identify specific pollutants, iflmown: '
°A namml or man-made discontinuity in the OHWM does notnecessarily severjurisdiction (e.g., wham [hc stream temporarily Flows underground, or where
the OHWM has been removed by development m agricultural prec[ices). Wham there is a break in the OHWM that is umela[ed to the waterbody's Row
regime (e. g., Flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
°Ibid

(iv) Biological Characteristics. Channel supports (check all that apply):
^ Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Olher environmentally-sensitive species. Explain findings:
^ Aquatidwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-1'NW that Bow directly or indirectly into 'INW
(i) Physical Characteristcs: '
(a) General Wetland Chazacteristics:
Properties:
Wetland size: acres
Wetland type. Hxplain:
Wetland quality. Explain: '
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-'INW:
Flow is: Piek,LisE. Explain:
Surface flow is: Pick L
Characteristics: ~.
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
(c) WellandAdiacencyDetertt»nationwithNon-'INW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain: -
^Separated by bemJbarrier. Explain:
(d) Proximity~Rclationshipl to 'I'NW
Project wetlands are Pick~Lisf river mules from 7NW.
Project waters aze Pick List aerial (straight) miles from TN W.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Piek Gist Boodplain.
(ii) 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:
(iu) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aqua[idwildhfe diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick~Gist
Approximately ( )acres in total are being considered iri the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/Nl Size (in acres) Directly abuts? (Y/Nl Sizo (in arrest
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATTON
A significant nexus analysis will assess the flaw characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if [hey significantly affect the chemical, physical, and biological integrity
of a TNW. Fdr each of the following situations, n significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more then 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 [be 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 eftectsoo the TNW, asidentitied in the RapanasC„uidauce and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Dces 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 Mbutary, in.combination.with-its adjacent wetlands (if any), have the capacity to transfer nutrients and organic cacbon.that
support doumstream 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 rnnsiderations is not inclusive and other funetioos observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands end flows drectly or indireMly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section ]II.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows drrecUy or indvectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the hibutary in combination with all of its
adjacent wetlands, then go to Section 7ILD:
3. Significant nexus findings for wetlands ndj acen[ [n an RPW but the[ do not directly abut the RPW. Faplain 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 IILD:
D. DETERMINATTONS OF.fURISDICTTONAL FINDINGS. TAE SUB.TECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPL]~:
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet 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 Dow year-round are jraisdictional. Provide data mid mtionale indicating that
tributary is perennial: The stream has a welldefined channel and has had flow on several site visits.
Tributaries oCENW where tributaries have continuous flow "seasonafl}~' (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section IILE. Provide rationale indicating that tributary flows
seasonally

Provide estimates Cor jursdieGonal waters in the review area (check ell that apply):
® Tributary waters: 2001inear feet 1 width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Nnn-RPWs° that Row directly or indirectly into TNWs.
Q Watefiody that is not a TNW or an RPW, but flows directly or indirectly into a TA'W, and it has a significant nexus with a
TNW isjurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates forjurisdictional waters within the review area (check nil that apply):
Q Tributary waters: linear feet width (ft).
' ~ Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that Row directly or indirectly into TNWs.
Wetlands directly abut RPW and thus arejurisdictional 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 RLD.2, above.Provide rationale indicating that wetland is
directly abutting an RPW:
Q Wetlands directly aliuYting an 12PW where tributaries typically Row "seasonally." Provide data irdicating that tributary is
seasonal in Section IIIB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an 12PW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent [n but not directly abutting an RPW that Row directly or indirectly into TNWs.
Q Wetlands that do not directly abut an 12PW, but when wnsidered in combination with the tributary to which [hey are adjacent
and with surrilarly situated adjacent wetlands, have a significant nexirs widr a TbiW are jurisidictional. Data supporting this
conclusion is provided at Section IIIC.
Provide acrenge estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjncent to non-RPWs that Row directly or indirectly inM TNWs.
Q Wetlands adjacent to such waters, and have when considered in wmbination with the tributary to which they era 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 far jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
A.s a geneml.mle, the impoundment of.ajurisdictional-tribut~ryremains jurisdictional.
' Q Demonstmte that impoundment was created fiom "waters of the U.S.;' or
^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
' Q Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED (INTERSTATE OR INTRASTATE( WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COM<VIERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
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.
c~ which aro or could be used for industrial purposes by industries in interstate commerce.
Q Interstate isolated waters. Explain:
Q Other factors. Explain:
Identify water body and summarize rationale supporting determina8on:
°See Poomote b 3.
r To complete the analysis refer to [he key in Section RLD.6 ofihe Instructional Guidebook
10 Prior to asserting or declining C WAjurtadietion based solely on thu category, Corps Dutricb will elevate the action to Corps and EPA IIQ for
revfewcomb[enY with the process described in the Corps/F.PA Memorandum Regarding C{VAdclJurisdiRlon Following Raponat

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: ~ linear feet width (ft).
Q Other nan-wetland waters: acres.
Identify type(s) oCwaters:
Wetlands: acros.
F. NON~Ii1RISDICT[ONAL 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 Regions] Supplements.
^ Review ama included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 2001 Supmme Court decision in "SWANCC," the review area would have been regulated based solel on the
"Migratory Bird Rule" (MBR).
^ 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 mview ama, whew the sole potentia] basis of jurisdiction is the MBR
factors (i.c., presence of migratory birds, presence of endangered species, use of water Cor irrigated agricultrue), using best professional
judgment (check.all-that apply):
. ^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
^ Lakes/ponds: acres.
Other non-wetland waters: acros. List type of aquatic resource:
Wetlands: ~ acres.
Provide acreage estimates for non jurisdictional waters in the mview ama that do not meet the "Sigtificant Nexus" standard, where such
a finding is mquimd for jurisdiction (check all thnfapply):
Non-wetland waters (i.e., rivers, streams): lineaz feet, width (ft).
Iakes/ponds: acres.
^ Othcr non-wetland waters: acros. Lis[ type of aquatic resource:
Q Wetlands: acres.
SECTTON IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed tur .H) (check all that apply -checked items shall be included in case file and, wham checked
and requested, appropriately refemnce sources below): -
® Maps, plans, plots or plat submitted by or on behalf of the applicanUconsultant:
Data sheets prepared/subrxdtted by or on behalf of the applicanUconsultant.
^ 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 Hydmbgic Atlas:
^ USGS NHD data.
^ USGS 8 and 12 digit HUC maps.
Q U.S. Geological Survey map(s). Cite scale Q. quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation: -
^ National wetlands inventory map(s). Cite name:
^ State/L.ocal wetland inventory map(s):
FEMA/FIRM maps:
Q 100-yeaz Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ^ Aerial (Name & Date):
or ®Other (Name & Date):Stream Site 6/21/2011.
^ Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
^ Other inforrrration (please specify):
B. ADDITTONAL COM11fENTS TO SUPPORT JD:

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Looking Upstream Toward Private Drive
Dashed blue Line marks the approximate new channel location.
Atypical X-section (not to scale} is shown in solid magenta.
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The realignment is 150 feet in length and will consist of installing
cross vanes along the channel as needed to maintain stability. Three
vanes are proposed. The base channel width is 2 feet with banks
on a 2:1 slope with an approximately 4-foot shoulder. The
streambanl<s are adjacent to a private yard and will be maintained
in grass. Only the sections that need shifting away from road will be
excavated and then tied back to the existing channel.

Looking Downstream Toward Culvert
Dashed blue line marks approximate new channel location
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