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HomeMy WebLinkAbout20120435 Ver 1_Application_20120501t — 9 BEVERLY EAVES PERDUE GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Apn120 2012 UAY ` 12012 LUD ANDS�hj iq r EUGENE A CONu, JR SECRETARY Ms Lon 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 1347 Foster Creek Henderson County State Project # 14C 045146 (DWQ Mmor Permit Fee $240) Dear Ms Beckwith The North Carolina. Department of Transportation ( NCDOT) is proposing to widen grade dram and pave SR 1347 Foster Creek Road, in Henderson County for a distance of 5,350 feet This proposal entails widening and paving the existing gravel road to a standard 20 -foot roadway Foster Creek Road is a secondary gravel road which conveys local traffic I am enclosing a typical section of the road drawings for pipe culvert replacements photographs a marked county map and a USGS topographic map The United States Fish and Wildlife Service list 32 species with federal status for Henderson County that are known from current records or were known to occur in the county histoncally One species white fringeless orchid (Platanthera integrilabia) is a candidate species and is known from historical records The bog turtle (Glyptemys muhlenbergu) is listed as threatened due to similarity of appearance with the listed northern bog turtle Six species Appalachian elktoe (Alasmidonta ravenehana) swamp pink (Helonias bullata) small whorled pogonia (Isotna medeoloides) bunched arrowhead (Sagittarca fasciculata) mountain sweet pitcher plant (Sarracenma jonesu) and white insette (Sisynnchium dichotomum) are listed as threatened or endangered There are records for the Appalachian elktoe within the Mills River watershed These records are for Mills River approximately two miles downstream of the project The project is through relatively flat terrain and only minimal cuts and fills will be required to complete construction BMPs for high quality waters will further mmmuze the impacts to adjacent waters and to downstream habitat a Division 14 District 1 - I t A .� p `t Phone (828)891 7911 ; ; ,, r 4142 Haywood Road Mt11s,Rwer North Carohna 28759 Fax (828) 891 5026 ASR 1347 Foster Creek Road 2 occupied by the Appalachian elktoe Foster Creek is a relatively small stream and does not provide habitat that is characteristic of the Appalachian elktoe There appear to be some wetlands within the maintained open field downslope of the road and off the project These wetlands have been degraded by ditching and draining There are no wetlands or habitat for the listed species within the footprint of the load -project There was no evidence of the listed species observed in the project area BMP s will minimize any impact to habitat that is downslope of the road project It is not anticipated that the project will affect cultural resources The project was submitted to the NCDOT Human Environment Unit for review for the potential to affect archaeological and architectural resources It was determined by the Human Environment Unit that no further survey work is required for architecture however a survey will be required for archaeology The best management practices will be used to minimize and control sedimentation and erosion on this project Water will be pumped around the work area to mmumnze erosion and sedimentation from the pipe trench The construction foreman will review all sedimentation control measures during installation to ensure sedimentation is controlled effectively If the planned devices are not functioning as intended they will be replaced immediately with better devices The sedimentation control devices will be in place prior to pipe culvert removal and remain in place until the new pipe is installed Impacts to Waters of the United States Foster Creek (WS U, Tr HQW) is shown on the USGS topographic map as a perennial stream and has sufficient flow to support fish and other aquatic life The unnamed tributaries of Foster Creek (Sites 1 and 2) are not shown as perennial streams on the USGS topographic map The unnamed tributaries are 1 -2 feet in width The channel at Site 1 is well - defined and lacks vegetation The stream flows through a driveway pipe parallel to the road and then through a second pipe under the road The plan is to route the stream directly across the road and eliminate the stream from flowing through the driveway pipe The unnamed tributary at Site 1 flows approximately 60 feet to Foster Creek The unnamed tributary of Foster Creek (Site 2) originates at a spring head at the inlet end of the culvert, the channel below the outlet has been altered by ditching on the adjacent property This tributary flows approximately 440 feet to Foster Creek Foster Creek (Site 3) is shown as a perennial stream on the USGS topographic map Foster Creek flows approximately 14 miles from the unnamed tributary to Mills River Mills River flows approximately 4 0 miles to the French Broad River The French Broad River meets the definition of a Traditional Navigable Water For these reasons we believe that the streams are Relatively Permanent Water and are under the jurisdiction of the U S Army Corps of Engineers In order to replace and extend the culverts it will be necessary to impact waters of the United States in the French Broad River Basin Specifically NCDOT is requesting to replace and/or extend one CMP in Foster Creek and two CMPs in unnamed tributaries to Foster Creek Listed below is a summary of the proposed impacts Site No Existing Condition Proposed Condition Net Impacts Site 1 25' x 18 Driveway CMP 6 +57 30 x 18 Road CMP 40 x 18 CMP 15 SR 1347 Foster Creek Road 3 Site IA Free Flowing Channel Flow Diversion 65 Site 2 25 x 18 CMP 40 x 18 CUT 15 41 +25 Site 2A Free Flowing Channel Flow Diversion 65 Site 3 25'x 42 CMP 40 x 95 x 67 Arched CMP 15 47 +58 Site 3A Free Flowing Channel Flow Diversion 65' Total Impact in Linear Feet 15 Temporary Impact for Dikes and Flow Diversion in Linear Feet 195 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 Ms Lon Jones or me at (828) 891 -7911 Sincerely Steven L Cannon, P E District Engineer Enclosures cc Mr Brian Wrenn DWQ DENR Raleigh (4 copies) Mr David McHenry, Mountain Region Coordinator, NCWRC Mr Mike Parker DWQ, Asheville Mr Jason Mays Biologist U S Fish and Wildlife Service, Asheville Mr Mark Gibbs P E Division Asset Maintenance Engineer Mr Mark Davis Division Environmental Officer Mr E L Ingle, Roadside Environmental Field Operations Engineer, NCDOT Ms Lori M Jones P E , Henderson County Maintenance Engineer NCDOT File Corps Submittal Cover Sheet Please provide the following info 1 Project Name _SR 1347 Foster Creek Road 2 Name of Property Owner /Applicant, NCDOT 3 Name of Consultant /Agent N/A *Agent authorization needs to be attached 4 Related/Previous Action ID number(s) 5 Site Address Foster Creek Road Henderson County 6 Subdivision Name 7 City Mills River 8 County _Henderson 9 Lat 35 41060_ Long -82 60400 (Coordinates at Foster Creek Site 2) (Decimal Degrees Please ) 10 Quadrangle Name _Skyland 11 Waterway Foster Creek & UT to Foster Creek 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 OFFICE USE ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM NORTH CAROLINA DEPARTMENT OF TRANSPORTATION LINEAR ROADWAY PROJECT This form may be photocopied for use as an onginal DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes this application form, a supplement form for each BMP proposed (see Section V) design calculations and plans and specifications showing all road and BMP details PROJECT INFORMATION NCDOT Project Number 14C 045146 County Henderson Project Name SR 1347 (Foster Creek Road) Widen, grade dram and pave to NCDOT secondary road standards Project Location _ SR 1347 (Foster Creek Road) located Wroxnnately 15 miles west of the intersection of SR 1345 (North Mills River Road) and NC 280 Contact Person Steve Cannon, PE Phone 828 891 7911 Fax 828 891 5026 Receiving Stream Name Foster Creek River Basin French Broad Class WS II, Tr, HQW Proposed linear feet of project 5,327 Proposed Structural BMP and Road Station (attach a list of station and BMP type if more room is needed) See attached Stormwater Management Plan Type of proposed project (check all that apply) ❑ New ®Widening ®2 lane* 04 lane* ❑Curb and Gutter ❑Bndge Replacement 00ther (Describe) Widen, grade, drain and Dave to current NCDOT Secondary Road Standards *2 lane and 4 lane imply that roadside ditches are used unless Curb and Gutter is also checked II REQUIRED ITEMS CHECKLIST Initial in the space provided below to indicate the following design requirements have been met and supporting documentation is attached. Supporting documentation shall at a nummum, consist of a brief narrative description including (1) the scope of the project, (2) how the items below are met (3) how the proposed best management practices numm,ze water quality impacts and (4) any significant constraints and/or justification for not meeting a b c and d to the maximum extent practicable Des er s Initials a The amount of impervious surface has been minimized as much as possible b The runoff from the mTervious areas has been diverted away from surface waters as much as possible C Best Management Practices are employed which minimize water quality impacts d Vegetated roadside ditches are 3 1 slope or flatter III OPERATION AND MAINTENANCE AGREEMENT I acknowledge and agree by my initials below that the North Carolina Department of Transportation is responsible for the implementation of the four maintenance items listed I agree to notify DWQ of any operational problems with the BMP s that would impact water quality or prior to making any changes to the system or responsible party Maintenance Engineer s Initials a BMP s shall be inspected and maintained in good working order b Eroded areas shall be repaired and reseeded as needed �c Stormwater collection systems including piping inlets and outlets shall be maintained to insure proper functioning Maintenance Engineer s Name Lon Jones, PE Title Henderson County Maintenance Engineer IV APPLICATION CERTIFICATION I (print or type name) Steve Cannon. PE of Division 14 District 1 Division of Highways Branch, certify that the information included on this permit application form is to the best of my knowledge correct and that the project will be constructed in conformance with the approved plans and that the proposed project complies with the requirements of 15A NCAC 2H 1000 Title District Engineer Address 4142 Haywood Rd Mills River, NC 28759 Signature cet - Date Y— Z S— Z 0/ Z- V SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733 5083 for the status and availability of these forms Form SW401 Low Density Form SW401 Curb Outlet System Form SW401 Off Site System Form SW401 Wet Detenhon Basin Form SW401 Infiltration Basin Form SW401 Infiltration Trench Form SW401 Bioretention Cell Form SW401 Level Spreader Form SW401 Wetland Form SW401 Grassed Swale Form SW401 Sand Filter Low Density Supplement Curb Outlet System Supplement Off Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader /Filter Strip /Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement STORMWATER MANAGEMENT PLAN Project 14C 045146 Henderson County Roadway Description This project consists of improvement and paving of an existing gravel road SR 1347 Foster Creek Road The total project length is 5 327 feet The project is located in the French Broad River Basin The project drainage system consists of matted shoulders and ditches corrugated metal pipes with rip rap dissipater pads at the pipe outfall Jurisdictional Stream Foster Creek and Unnamed tributaries to Foster Creek Environmental Description The project is located within the French Broad River Basin in Henderson County The stream is classified WS II Tr HQW Stormwater impacts to the stream will be minimized to the maximum extent practicable by utilizing sheet flow on matting lined ditches along the roadway and using rip rap pads to diffuse flow before entering the streams The existing drainage patterns will be maintained with the hydraulic design of the project Best Management Practices and Mayor Structures The primary goal of Best Management Practices (BMPs) is to prevent degradation of the state s surface waters by the location construction and operation of the highway system The BMPs are activities practices and procedures taken to prevent or reduce Stormwater pollution The BMP measures used on this project to reduce Stormwater impacts are Matted Roadway Ditches This will promote infiltration and filtration of construction runoff by directing water from L into a matted roadway ditch The cut slope will be 11 to mimic the existing cut slope as well as to reduce cost by minimizing excavation and R/W Outlet protection with rip rap Rip rap outlet protection is provided at all pipe outlets to dissipate energy from Stormwater runoff to provide non erosive velocities for infiltration and filtration before entering the stream APPROVED JURISDICTIONAL DETERMINATION FORM U S Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION I BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) B DISTRICT OFFICE FILE NAME AND NUMBER C PROJECT LOCATION AND BACKGROUND INFORMATION SR 1347 Foster Creek Road State NC County /pansh/borough Henderson City Mills River Center coordinates of site (lat/long in degree decimal format) Lat 35 40724 N Long 82 59845 W Universal Transverse Mercator Name of nearest waterbody Foster Creek and Unnamed Tributaries to Foster Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows French Broad River Name of watershed or Hydrologic Unit Code (HUC) 06010105020020 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request ❑ Check if other sites (e g offsite mitigation sites disposal sites etc ) are associated with this action and are recorded on a different JD foram. D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) ® Office (Desk) Determination. Date February 16 2012 ® Field Determination. Date(s) February 15 2012 SECTION H SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION There ne navigable waters of the US- within Rivers and Harbors Act (RIIA) junsdretron (as defined by 33 CFR part 329) in the review area [Required] ❑ Waters subject to the ebb and flow of the tide El Waters are presently used or have been used in the past or may be susceptible for use to transport interstate or foreign commerce Explain B CWA SECTION 404 DETERMINATION OF JURISDICTION There Are waters of the US within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required] Waters of the U S a Indicate presence of waters of U S in review area (check all that apply) r ❑ TNWs including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑ Non RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs ❑ Impoundments of junsdtctronal 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 450 linear feet Unnamed Tributaries 1 and Foster Creek 6 width (fl) and/or acres Wetlands acres c Limits (boundaries) of jurisdiction based on Estabhshed by --- Elevation of established OHWM (if known) 2 Non regulated waters/wetlands (check if applicable) 3 ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not junsdretronal Explain t Boxes checked below shall be supported by completing the appropriate sections in Section III below Y For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year round or has continuous flow at least seasonally ( v t— allv'3 month ) SECTIONIH CWAANALYSIS A TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW complete Section III.A 1 and Section III D 1 only if the aquatic resource is a wetland adjacent to a TNW complete Sections III A.1 and 2 and Section III D 1 otherwise, see Section IILB below 1 TNW Identify TNW Summanze rationale 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 Tinder Rapancir have been met The agencies will assert jurisdiction over non navigable tributaries of TNWs where the tributaries are `relatively permanent waters" (RPWs) i e tributaries that typically flow year round or have continuous flow at least seasonally (e g typically 3 months) A wetland that directly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW but has year round (perennial) flow slop to Section III D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow slop to Section IILD 4 A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps districts and EPA regions will include in the record any available-information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water even though a significant nexus finding is not required as a matter of law If the waterbody4 is not an RPW or a wetland directly abutting an RPW a JD will require additional data to determine if the waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines, for analytical purposes the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary or its adjacent wetlands, or both If the JD covers a tributary with adjacent wetlands, complete Section III B 1 for the tributary Section III.B 2 for 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 III C below 1 Characteristics of non TNWs that flow directly or indirectly into TNW (i) General Area Conditions Watershed size Pick —List Drainage area Pick List Average annual rainfall inches Average annual snowfall inches (u) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through Pick List tributaries before entering TNW Project waters are Puk List river miles from TNW Project waters are Pick List river m les from RPW Project waters are Pick List aerial (straight) miles from TNW Project waters are Pick List aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNV Tnbutary stream order if known Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and West. 5 Flow route can be descnbed by identifjnng e g tnbutary a which flows through the review area to flow into tributary b which then flows into TNW (b) General Tnbutary Characteristics (check all that amply) Tributary is ❑ Natural ❑ Artificial (man made) Explain ❑ Manipulated (man altered) Explain Tributary properties with respect to top of bank (estimate) Average width feet Average depth feet _ Average side slopes Pick List Piimary tributary substrate composition (check all that apply) ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type //o cover [I Other Explain Tributary condition/stability [e g ]uglily eroding sloughing banks] Explain Presence of nm/nflle /pool complexes Explain Tributary geometry Pic-01 L si t Tributary gradient (approximate average slope) % (c) Flow Tributary provides for Pick L si t Estimate average number of flow events in review area/year Pick List Describe flow regime Other information on duration and volume Surface flow is Pick ListList Characteristics Subsurface flow Pick "' st Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ❑ Bed and banks ❑ OHW vf' (check all indicators that apply) ❑ clear natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down bent or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ ❑ high Tide Line indicated by ❑ ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings / charactenstics ❑ tidal gauges ❑ other (list) me lateral extent of CWA]unsdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings ❑ vegetation Imes/changes in vegetation types (m) Chemical Characteristics Characterize tributary (e g water color is clear discolored oily film, water quality general watershed characteristics etc) Explain Identify specific pollutants if known 6A natural or man made discontinuity in the OHWM does not necessanly severjunsdiction (e g where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody s flow regime (e g flow over a rock outcrop or through a culvert) the agencies will look for indicators of flow above and below the break_ 'Ibid (w) Biological Characteristics Channel supports (check all that apply) ❑ Riparian corridor Characteristics (type average width) ❑ Wetland fringe Characteristics ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally sensitive species Explain findings ❑ Aquatic/wildhfe diversity Explain findings 2 Characteristics of wetlands adjacent to non TNW that flow directly or indirectly into TNW (t) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non TNW Flow is Pick List Explain Surface flow is Pick Li t Characteristics Subsurface flow Pickfist Explain findings ❑ Dye (or other) test performed (c) Wetland Adjacency Determination with Non TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm(bamer Explain (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW Project waters are Pick List aerial (straight) miles from TNW Flow is from Pick List Estimate approximate location of wetland as within the Pick Li t floodplain (u) Chemical Characteristics Characterize wetland system (e g water color is clear brown oil film on surface water quality general watershed characteristics etc ) Explain Identify specific-pollutants if known (m) Biological Characteristics Wetland supports (check all that apply) ❑ Riparian buffer Charactenshcs (type average width) ❑ Vegetation type /percent cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally sensitive species Explain findings ❑ Aquatic/wildlife diversity Explain findings 3 Characteristics of all wetlands adjacent to the tributary (►f any) All wetland(s) being considered in the cumulative analysis Pick List Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland specify the following Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological chemical and physical functions being performed C SIGNIFICANT NEXUS DETERMNATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW For each of the following situations, a significant nexus exists if the tributary in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical physical and/or biological integrity of a TNW Considerations when evaluating significant nexus include, but are not limited to the volume duration and frequency of the flow of water in the tributary and its proximity to a TNW and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a tributary and its adjacent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland hes within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include for example • Does the tributary in combination with its adjacent wetlands (if any) have the capacity to carry pollutants or flood waters to TNWs or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary in combination with its adjacent wetlands (if any) provide habitat and hfecycle support functions for fish and other species such as feedmg nesting spawning or rearing young for species that are present in the TNW9 • Does the tributary in combination with its adjacent wetlands (if any) have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary in combination with its adjacent wetlands (if any) have other relationships to the physical chemical or biological integrity of the TNW? Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented below 1 Significant nexus findings for non RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below based on the tributary itself then go to Section III D Significant nexus findings for non RPW and its adjacent wetlands where the non RPW flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section III D Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section IILD D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS /WETLANDS ARE (CHECK ALL THAT APPLY) TNWs and Adjacent Wetlands. Check all that apply and provide size eGttiinates in review area ❑ TNWs linear feet width (ft) Or acres Q Wetlands adjacent to TNWs acres RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year round are jurisdictional Provide data and rationale indicating that tributary is perennial Foster Creek is shown on the USGS topographic map as perennial The unnamed tributaries appear to have good flow The tributary of site 1 is a short slow moving floodplain stream-within 60 feet of the confluence with Foster Creek The unnamed tributary at site 2 has a spring head at the culvert inlet and has had good flow during site visits ❑ Tributaries of TNW where tributaries have continuous flow seasonally' (e g typically three months each year) are jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows seasonally Provide estimates for jurisdictional waters in the review area (check all that apply) ® Tributary waters 450 linear feet unnamed tributaries 1 (ft) width Foster Creek 6 width (ft) ❑ Other non wetland waters acres Identify type(s) of waters Non RPWss that flow directly or indirectly into TNWs ❑ Waterbody that is not a TNW or an RPW but flows directly or indirectly into a TNW and it has a significant nexus with a TNW is jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional waters within the review area (check all that apply) ❑ Tributary waters linear feet width (ft) ❑ Other non wetland waters acres Identify type(s) of waters Wetlands directly abutting an RPW that flow directly or mdirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands ❑ Wetlands directly abutting an RPW where tributaries typically flow year round Provide data and rationale indicating that tributary is perennial in Section III D 2 above Provide rationale indicating that wetland is directly abutting an RPW ❑ Wetlands directly abutting an RPW where tributaries typically flow seasonally Provide data indicating that tributary is seasonal in Section III B and rationale in Section III D 2 above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates for jurisdictional wetlands in the review area acres Wetlands adjacent to but not directly abutting an RPW that flow directly or -indirectly -into TNWs. ❑ Wetlands that do not directly abut an RPW but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands have a significant nexus with a TNW are junsidictional Data supporting this conclusion is provided at Section IMC Provide acreage estimates for junsdictional wetlands in the review area acres Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional wetlands in the review area acres Impoundments of jurisdictional waters 9 Asa general rule the impoundment of a junsdictional tnbutary remains jurisdictional ❑ Demonstrate that impoundment was created from waters of the U S or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6) or ® Demonstrate that water is isolated with a nexus to commerce (see E below) ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS THE USE DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY) " ❑ which are or could be used by tnterstate or foreign travelers for recreational or other purposes ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce [] which are or could be used for industrial purposes by industries in interstate commerce R Interstate isolated waters Explain ❑ Other factors Explain 'See Footnote # 3 s To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos Identify water body and summarize rationale supporting determination Provide estimates for Junsdictional waters in the revieNA area (check all that apply) ❑ Tributary waters linear feet width (ft) ❑ Other non wetland waters acres Identify type(s) of waters ❑ Wetlands acres NON4URISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY) ❑ If potential wetlands were assessed within the review area these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Prior to the Jan 2001 Supreme Court decision in SWANCC the review area would have been regulated based solel on the Migratory Bind Rule (MBR) ❑ Waters do not meet the Significant Nexus standard where such a finding is required for Jurisdiction Explain Other (explain, if not covered above) Provide acreage estimates for non Junsdictional waters in the review area, where the sole potential basis of Junsdiction is the MBR factors (i a presence of migratory buds presence of endangered species use of water for irrigated agriculture) using best professional Judgment (check all that apply) El Non wetland waters (i a rivers streams) linear feet width (ft) ❑ Lakes/ponds acres ❑ Other non wetland waters acres List type of aquatic resource ❑ Wetlands acres Provide acreage estimates for non Jurisdictional waters in the review area that do not meet the Sigmficant Nexus standard, where such a finding is required for Jurisdiction (check all that apply) ❑ Non wetland waters (i a nvers, streams) linear feet width (ft) ❑ Lakes/ponds acres El Other non wetland waters acres List type of aquatic resource ❑ Wetlands acres SECTION IV DATA SOURCES A SUPPORTING DATA Data reviewed for JD (check all that apply checked items shall be included in case file and, where checked and requested appropriately reference sources below) ® Maps plans plots or plat submitted by or on behalf of the applicant/consultant ❑ Data sheets prepared/submntted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets/delmeatnon report ❑ Office does not concur with data sheets/delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 dtgnt HUC maps ❑ U S Geological Survey map(s) Cite scale & quad name ❑ USDA Natural Resources Conservation Service Soil Survey Citation ❑ National wetlands inventory map(s) Cite name ❑ State/Local wetland inventory map(s) ❑ FEMA/FIRM maps ❑ 100 year Floodplain Elevation is (National Geodectnc Vertical Datum of 1929) ® Photographs ❑ Aerial (Name & Date) or ® Other (Name & Date) Culvert Site Jan. 2012 ❑ Previous determmation(s) File no and date of response letter ❑ Applicable / supportmg case law ❑ Applicable /supporting scientific literature ❑ Other information (please specify) 13 ADDITIONAL COMMENTS TO SUPPORT JD i 7 OF 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 1347 Foster Creek Road Henderson County OQ µOaiH C4Q�'! y� 0 2 99r�FNT OF TS ANSQO�c NCDOT Division 14 oaoF w A rF9oc r Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page I of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification PCN Form A Appheant Information 1 Processing 1a Type(s) of approval sought from the Corps ® Section 404 Perm it ❑ Section 10 Permit 1b Specify Nationwide Permit (NWP) number NW 14 or General Permit (GP) number 1 c Has the NW P or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ❑ No 1 g Is the project located in any of NC s twenty coastal counties If yes answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project SR 1347 Foster Creek Road 2b County Henderson 2c Nearest municipality / town Mills River 2d Subdivision name N/A 2e NCDOT only T I P or state project no 14C 045146 3 Owner Information 3a Name(s) on Recorded Deed North Carolina Department of Transportation 3b Deed Book and Page No N/A 3c Responsible Party (for LLC if applicable) N/A 3d Street address N/A 3e City state zip N/A 3f Telephone no N/A 3g Fax no N/A 3h Email address N/A Page I of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify District Engineer 0 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 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 Identification la Property identification no (tax PIN or parcel ID) N/A lb Site coordinates (in decimal degrees) Approximate Project Latitude 35 40724 Longitude 8259845 Center (DD DDDDDD) ( DD DDDDDD) 1 c Property size N/A acres 2 Surface Waters 2a Name of nearest body of water (stream river etc) to Foster Creek proposed project 2b Water Quality Classification of nearest receiving water WS II Tr HQW 2c River basin French Broad River 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application Landscape is mostly deciduous forest and open grassed areas Area is rural with limited single family residences 3b List the total estimated acreage of all existing wetlands on the property N/A 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property N/A 3d Explain the purpose of the proposed project To upgrade the existing gravel road to current NCDOT secondary road standards 3e Describe the overall project in detail including the type of equipment to be used Widen grade dram and pave The area will be cleared and grubbed Culverts will be replaced /extended with the water diverted around the site during installation The road bed will be graded and fill material added as needed The road will be paved Track hoes dump trucks bulldozers water pumps diversion pipe 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 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 foTE]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 11 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 Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non -404 other) (acres) Temporary T W1 ❑ P ❑ T N/A N/A ❑ Yes El No ❑ Corps [I DWQ N/A W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ PEI T El Yes El Corps ❑ No ❑ DWQ W6 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts N/A 2h Comments N/A 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent P ( ) or intermittent DWQ —non -404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert UT to Foster ® PER ® Corps 1 15 Creek [I INT ® DWQ S1A ❑ P ®T Flow Diversion UT to Foster ® PER ® Corps 1 65 Creek ❑ INT ® DWQ S2 ® P ❑ T Culvert UT to Foster ® PER ® Corps 1 15 Creek ❑ INT ® DWQ S2A ❑ P ® T Flow Diversion UT to Foster ® PER ® Corps 1 65 Creek ❑ INT ® DWQ S3 ® P ❑ T Culvert Foster Creek ® PER ❑ INT ® Corps ® DWQ 6 15 SM ❑ P ® T Flow Diversion Foster Creek ® PER ❑ INT ® Corps ® DWQ 6 65 3h Total stream and tributary impacts 15 31 Comments Total Temporary Impact for Impervious Dikes and Flow Diversion is 195 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 — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ P ❑ T N/A N/A N/A N/A 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts N/A 4g Comments N/A 5 Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 N/A N/A N/A N/A N/A N/A N/A N/A P2 5f Total N/A N/A N/A N/A N/A N/A N/A 5g Comments N/A 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes permit ID no N/A 51 Expected pond surface area (acres) N/A 5j Size of pond watershed (acres) N/A 5k Method of construction N/A 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact B1 ❑ P ❑ T N/A -required N/A Nos N/A N/A B2 ❑P ❑T es B3 ❑P ❑T 7E]No es o 6h Total buffer impacts N/A NIA 61 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 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The culverts are being extended in length only to provide the sufficient width needed to bring this road up to current secondary road standards The undersized round pipe at Foster Creek site will be replaced with a larger arched pipe to reduce potential for overwidening channel at outlet 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Impervious dikes will be installed in the channel to minimize the water flowing into the work area Then water will be diverted around the site during pipe installation to limit downstream habitat and water quality degradation Appropriate BMPs according to the approved erosion and sedimentation control plan will be installed on the project prior to culvert installation 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ❑ No 2b If yes mitigation is required by (check all that apply) ❑ 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 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank N/A 3b Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 3c Comments WA 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 4c If using stream mitigation stream temperature ❑ warm ❑ cool ®cold 4d Buffer mitigation requested (DWQ only) N/A square feet 4e Riparian wetland mitigation requested N/A acres 4f Non - riparian wetland mitigation requested N/A acres 4g Coastal (tidal) wetland mitigation requested N/A acres 4h Comments N/A 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan N/A Page 7 of 11 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 15 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 permdtee responsible riparian buffer restoration payment into an approved in lieu fee fund) N/A 6h Comments 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 1a Does the project include or is it adjacent to protected riparian buffers identified El Yes No within one of the NC Riparian Buffer Protection Rules 1 b If yes then is a diffuse flow plan included*7 If no explain why ❑ Yes No ❑ Comments N/A 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? N/A % 2b Does this project require a Stormwater Management Plan ® Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan explain why N/A 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative 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 ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? N/A ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a Does the project involve an expenditure of public (federal/state /local) funds or the ® Yes ❑ No use of public (federal/state) land? 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 2B 0200)? 2b Is this an after the fact permit application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) N/A 3 Cumulative Impacts IDWQ 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 involves the widening and paving of an existing secondary dead -end gravel road to current secondary road standards The existing road is of good quality and would not be expected to limit residential development therefore access to this area does not appear to be the limiting factor for development of this rural area The pave road is not expected to be a significant contributor to secondary development and cumulative impact 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility N/A Page 10 of 11 PCN Form — Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area wdh federally protected species or ❑ yes 0 N habitat 5b Have you checked with the USFWS concerning Endangered Species Act ❑Yes ®No impacts? 5c If yes indicate the USFWS Field Office you have contacted ❑ Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program Database 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ 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 habitats in the Blue Ridge Physiographic Province 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? The project has been submitted to the NCDOT Human Environment for Screening for arcaeology and historical structures An archaeological survey is pending for this project 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 year floodplain? ❑ Yes ® No 8b If yes explain how project meets FEMA requirements N/A 8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Steven L Cannon P E 20 Apnl 2012 Applicant/Agent s Printed Name Applicant/Agent s Signature Date (Agents signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 PCN Form — Version 1 3 December 10 2008 Version #1 Sta 6 +54 1347 Foster Creek Rd iderson County Existing & Prop Center Line 40301 °N 82 1 ---------------- - - 2 --------------- - - - - -- - -.. Inlet Invert Elev Replace Existing Perched Oulet Invert Elev 9975 30x18 CMP with 50x18 CMP 9956 Thalwegs Approximately 20 from shoulder of existing road 1 9981 2 9972 Outlet is heavily silted See plans for erosion control ' Drawing not to scale Site # 2 Sta 41 +25 Coordinates 35 410110 N / 82 602030 W SR 1347 Foster Creek Road Henderson County 2 Existing & Prop Center Line ------------------------------------------ 1 Oulet Invert Elev Replace Existing Inlet Invert Elev 9938 25x18 CMP 9947 with 40x18 CMP )gs Approximately 20 from shoulder of existing road 1 9953 2 9936 See plans for erosion control * Drawing not to scale Site # 3 Sta 47 +58 Coordinates 35 41060 N / 82 60400 W SR 1347 Foster Creek Road Henderson County Existing & Prop Center Line 2 1 Oulet Invert Elev Replace Existing Inlet Invert Elev 9940 25x42 CMP 9947 with 40x60 CMP Thalwegs Approximately 20 from shoulder of existing road 1 9953 2 9937 SR 1347 Foster Creek Road NW 14 Site 1 Inlet 35 40309 °N 8259475 0W Station 06 +57 ;rfte �Y� g i - 7_ `sexes¢ ��.�',����v ;1 ^ "' e C 4 -mac. Y` "i e1 `;��{ygr"71 �� „s4 -a t•»V' F I"#r0' ek }~�tia;�?'r '',Yr45^.°c7"'-.e.�t`y„bo.«t IN ,tl t� %rsI' if Yy Si w it / fr j /ail �Fe` ^} rte.* er A 1 ` �' f �►1fy! ��(i ! YA NN � w�tin w� z ti � e� i5 lnµl�l F�R'�. 5 i tw .r �a . HrL rac Site 1 Outlet x1'= yy IF 44" es�a'ti 4 1 AN Y fit ( 1 T �' Xj t` p t d *�y \"tom «�r+ \t4nC ✓t WE � JAI t1 y' ."0' tE�YI���Y.Xi�i�:�t+_� _ m _ _ r,� .Q3 C►����_ � � r6T a� Site 2 Inlet 35 41011 2N 82 60203 2W Sta 41 +22 A, t A - Site 2 Outlet v � r4 �n"i a Site 3 Inlet 35 4106 2N 82 6040 2W Sta 47 +57 Site 3 Outlet N C DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD SURVEY SUBJECT SR 1347 Foster Creek Road LOCATION Begin at the end of pavement on SR 1345 and SR 1347 and continue in a northerly direction for a total distance of 5 327 feet to the end of project WORK TYPE Grade, Drain, Base, Pave & Erosion Control WORK ORDER 14C 045068 (Temp) COUNTY Henderson TOWNSHIP Mills River DATE 8/4/2011 (Revised 412512012) SCALE I"=50' Current ADT Bracket 0 -360 Design ADT Bracket 0 -600 Water Foster Creek (Class WS -II, Tr, HQW) NOTES 50' R/W EC PREPARED BY BA/BT 50' 0" RIGHT OF WAY CENTERLINE i 6' 10' 10' 4' L 3' ASPHALT PAVEMENT SHOULDER ' SHOULDER ' DITCH 00)5, W 4P �11� MAX SLOPE FILL 1 va 1 CUT 11 N aEi 0 Q 1� N 0 w N c 00 U Co a) ��0/ -0 LL � a) �C a) CD U N cn 0 U- Lid NT M r U) > f LLO /ROADlc�` ^\ IT �i1 1 z '"` -ea �, (, °mot � � 4 N !/�-' //r � � ` r" f �'' l p r o � r !1 ✓- 3iT �- { +-y / it r �� ...�. sir �`\ �l��s �v %��1I ✓ / �\��`����,1���}��f �f��/ ���� /'' ���� T�`� CO A;a %"' Ff U' o m m ° Z o O co rn d U) d> .� ° adi LL z = d � (n rn 9 �LO n- I� LO 0 LO N Cl 0 • V C N N 0 Q i m O N -0 :3 0 N C: O Co N 0-0 N N N L. 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