20130225 Ver 1_Application_20130305

9
Corps Submittal Cover Sheet � .
vy
Please provide the following info: ljlgq, s�o c�y� 2013
H� s �R194q �Rdh4 %CH
1. Project Name Bridge 221 on SR 1388 (Old Rosman HM)
2. Name of Property Owner /Applicant: NC Department of Transportation
3. Naive of Consultant /Agent: N/A
*Agent authorization needs to be attached.
4. Related/Previous Action ID number(s): N/A
5. Site Address: N/A
6. Subdivision Name: N/A 2 0 1 3 0 2 2 5
7. City: Rosman
8. County: Transylvania
9. Lat: 35.15213° N Long: 82.81151° W (Approx Project Center)
10. Quadrangle Name: Rosman (35082 -B7 -TF -024)
11. Waterway: Galloway Creek (Class C)
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:
Site /Waters Name:
Keywords:
Begin Date

dy 0%
3
STATE OF NORTH CAROLINA�dygjFR cy
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J. TATA
GOVERNOR SECRETARY
March 5, 2013
Ms. Lori Beckwith, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208 0' 1' 3 0 2 2 5
Asheville, NC 28801 -2714
Subject: Nationwide 14 Permit Application
Replace Bridge No. 221 on SR 1.388 (Old Rosman Highway) over Galloway
Creek
Transylvania County
WBS Element No. 17BP.14.R.19 (DWQ Minoi• Permit Fee $240.00)
Dear Ms. Beckwith:
The North Carolina Department of Transportation ( NCDOT) is proposing to'replace the subject
bridge. The put-pose of the project is to replace a functionally obsolete 22' L x 39' W single span
reinforced concrete slab bridge with a 78' L x 142" W x 91" H aluminized corrugated steel pipe
arch (CSPA) with concrete head and wing walls. The existing abutments will not be removed.
The culvert will be buried one foot. The culvertwill be at a 120 degree skew with a slope of
0.43 %. Aquatic passage should not be effected by this structure. An off -site detour will be used
to convey traffic during construction. The project will also include some minor approach work
on the existing roadway.
I am enclosing a PCN application, Rapanos Jurisdictional form, an EEP mitigation acceptance
letter, plan sheets showing the proposed work, a marked county map, a USGS quad map and
photographs.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. The database lists 49 species for Transylvania County that have federal
status. The bog turtle (Glyptenrys i?ttrhlenbergii) is listed as threatened due to similarity of
appearance to the listed northern bog turtle. Eight species, Carolina Northern Flying Squirrel
(Glauconrys sabrinus coloratrrs), Appalachian elktoe (Alasmi(lonla rawneliana),, mountain sweet
pitcher plant (Sarrracenia rubs ssp. jonesii), small whorled pogonia (I.volria nnedeoloides),
spreading averts (Geum radiatuni), swamp pink (Helonias• btrllala), Virginia spiraea (Spir•aea
virginianct) and rock gnome lichen (Gymnoderma lineam), are listed as either threatened or
endangered.
Fouriccnth. Division Me
Telephone: [phone]'Webster Road, `Sylvia; Nortti.Carolina 28779 PtiY: (f128) 586 -4043

Bridge No. 221 Page 2 March 5, 2013
Virginia spiraea is the only threatened or endangered species within a five mile radius of the
project. This record is approximately 4.5 miles downstream along the French Broad River.
Virginia spiraea is typically found along streams and rivers that'are subject to periodic substrate -
scouring flows. The terrestrial habitat at the project site has been disturbed due to the State
Road, an industrial complex and agricultural fields. Habitat for the Virginia spiraea appears to be
lacking at the project site.
The Appalachian elktoe is found in the French Broad River. Although there are no records
within five miles of the project, the French Broad River, which is considered occupied habitat for
the Appalachian elktoe is 0.4 miles downstream of the project. However, the nearest record for
the Appalachian elktoe is more than 10 miles downstream from the project site. There are
records for the State listed creeper (SirolAilus undulcaus), a species that sometimes occurs with
the Appalachian elktoe, approximately 5.5 miles downstream of the project. There are no State
or federally listed mussel species records upstream of this creeper record.
The Carolina northern flying squirrel, the rock gnome lichen, and spreading avens are species
that are found in habitats at relatively high elevation. The rock gnome lichen occurs at lower
elevation in some cases in deep gorges in areas of high humidity. The elevation at the site is a
little less than 2200 feet. The project area is relatively flat and the habitat is not characteristic of
the Carolina flying squirrel, rock gnome lichen or spreading avens.
Swamp pink and mountain sweet pitcher plant are species that are found in habitat that have
saturated soils. The project vicinity is highly disturbed. Wetlands were not found at the project
site. Habitat appears to be lacking for the swamp pink and mountain sweet pitcher plant.
The small whorled pogonia generally occurs in open, dry, deciduous woods with acid soil
according to the U.S. Fish and Wildlife Service. However, it is also known to occur in a variety
of habitats in North Carolina, including along streams. The habitat at the project site has been
highly disturbed by road right of way, an industrial site and fields. Except for a few scattered
trees, the area around the bridge is maintained grass. The potential for small whorled pogonia.is
very low.
The project is limited in scope. Habitat appears to be lacking in the vicinity of the bridge site for
threatened and endangered species. Suitable habitat for the Appalachian elktoe appears to be
lacking in the upper French Broad River. Erosion and sedimentation control measures will be
implemented to minimize potential to adversely affect downstream habitat. No threatened or
endangered species were observed during the field scoping process. For these reasons and those
discussed above, we recommend a "no effect" determination for threatened and endangered
species.
This project was reviewed by NCDOT's Human Environment Unit in 2012 for potential effects
to historical architecture and archaeology. It was determined that no survey was required for
historical architecture. A survey was conducted for archaeology and it was determined there
would be no effect.

Bridge No. 221 Page 3 March 5, 2013
NCDOT best management practices will be used to control and minimize erosion and
sedimentation on this project. The construction foreman will review all erosion and
sedimentation control measures daily to ensure erosion and sedimentation are being controlled
effectively. If the devices are not firnctioning as intended, they will be replaced immediately with
better devices.
Impacts to Waters of the United States
Galloway Creek (DWQ Class: C) is shown on the USGS topographic map as a perennial stream.
The channel is well defined with a substrate primarily composed of silt, sand, and gravel with
some cobble and is approximately seven feet in width. Galloway Creek flows approximately 0.4
miles to the French Broad River. The French Broad River meets the definition of a Traditional
Navigable Water. For these reasons, we believe Galloway Creek is a Relatively Permanent
Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct
the project, it will be necessary to impact waters of the United States in the French Broad River
Basin (HUC 06010105). Specifically, NCDOT is requesting to replace Bridge No. 221 with an
aluminized CSPA. The impacts are listed in the table below.
Site No.
Existing Condition
Proposed Condition
Net
Impacts
Station
22' L x 39' W single
78' L x 142" W x 91" H aluminized
fig'
Site I
span reinforced
CSPA with concrete head and wing walls.
concrete slab bridge
Flow diversion for installation of
Site IA
Free flowing stream
aluminized CSPA and concrete headwalls
150'
and win walls
Site 2
Natural streambank
Riprap streambank stabilization (Inlet)
20'
Site 3
Natural strambank
Riprap streambank stabilization (Outlet)
23'
Total Permanent ILnpact /a
Total Permanent Impact for Riprap Streambank Stabilization 43'
Temporary Impervious Dikes and Flow Diversion Impact 150'
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Ms. Marla
Chambers, Western DOT Review Coordinator, of the North Carolina Wildlife Resources
Commission (NCWRC) to conunent 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 Ms. Chambers and Mr. Ben DeWit, Roadside

Bridge No. 221 Page 4 March 5, 2013
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) 586 -2141 or
Mr. Josh Deyton, PE, at (828) 488 -2131. Your early review and consideration will be greatly
appreciated.
Sincerely,,��
Mark S. Davis
Division 14 Environmental Program Supervisor
Enclosures
cc: Ms. Amy Chapman, DWQ -DENR, Raleigh
Mr. Mike Parker, DWQ, DENR, Asheville Regional Office
Mr. Jason Mays, Biologist, USFWS, Asheville
Ms. Marla Chambers, Western DOT Review Coordinator, NCWRC, Oakboro
Mr. Joshua B. Deyton, PE, Division 14 Bridge Management Engineer, NCDOT
Mr. Ben DeWit, Roadside Environmental Field Operations Engineer, NCDOT

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PCN Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
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. NC Ecosystem Enhancement Program (EEP)
® Yes
❑ No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Replacement of Bridge No. 221 on SR 1388 over Galloway Creek
2b. County:
Transylvania
2c. Nearest municipality / town:
Rosman
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
17BP.14.R.19
3. Owner Information
3a. Name(s) on Recorded Deed:
North Carolina Department of Transportation
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Division 14 Environmental Program Supervisor
4b. Name:
Mark S. Davis
4c. Business name
(if applicable):
NC Department of Transportation
4d. Street address:
253 Webster Rd.
4e. City, state, zip:
Sylva, NC
4f. Telephone no.:
828 - 586 -2141
4g. Fax no.:
828 - 586 -4043
4h. Email address:
markdavis @ncdot.gov
5. Agent/Consultant Information (if applicable)
5a. Name:
Not Applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
,5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a.- Property identification no. (tax PIN or parcel ID):
Not Applicable
Latitude: 35.15213 Longitude: - 82.81151
1b. Site coordinates (in decimal degrees):
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
NIA acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Galloway Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C
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:
The general landscape cover is forest with open fields in the immediate vicinity of the bridge. The lands use is residential
with an industrial site adjacent to the project.
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:
NIA
3d. Explain the purpose of the proposed project:
To replace a structurally deficeint and functionally obsolete bridge with an aluminized corrugated steel pipe arch.
3e. Describe the overall project in detail, including the type of equipment to be used:
Erosion and sedimentation control measures will be installed. Water will be diverted around the construction area. The
old, bridge will be removed. The bridge will be replaced with a 142" W x 91" H x 78'L aluminized corrugated steel pipe
arch. The road section will be reconstructed. Equipment to be used includes a track hoe, dump truck, paving equipment,
pumps, and miscellaneous hand tools.
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): NIA
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 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
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
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
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W6 []PEI T
❑ 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
feet)
Temporary (T)
(INT)?
other)
(feet)
S1 ®P ❑ T
Fill - Culvert
Galloway Creek
® PER
❑ INT
® Corps
® DWQ
7
78
S2 [] P ® T
Flow Diversion
Galloway Creek
® PER
El INT
® Corps
® DWQ
7
150
S3 ®P ❑ T
Inlet Riprap
Protection
Galloway Creek
® PER
❑ INT
® Corps
® DWQ
20
S4 ®P El T
Outlet Riprap
Protection
Galloway Creek
® PER
❑ INT
® Corps
® DWQ
7 "
23
❑ PER
❑ Corps
S5 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S6 ❑ P ❑ T
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
78
3i. Comments: Temporary Impact for Impervious Dikes and Flow Diversion 150
Permanent Impact for Riprap Inlet and Outlet Bank Stabilization 43
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.
Open water
impact number —
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑ P ❑ T
N/A
N/A
N/A
N/A
02 ❑PE]T
03 ❑PE] T
04 ❑PE] T
4L Total open water impacts
X Permanent
X Temporary
4g. Comments: No open water impacts
S. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
N/A
N/A
N/A
NIA
N/A
NIA
NIA
N/A
P2.
5f. Total
N/A
NIA
NIA
N/A
N/A
N/A
N/A
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no: NIA
5i. Expected pond surface area (acres):
N/A
5j. Size of pond watershed (acres):
N/A
5k. Method of construction:
N/A
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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 El 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
impact
required?
131 ❑ P ❑ T'
N/A
N/A
❑ Yes s
N/A
N/A
El Yes
B2 ❑P ❑T
❑ No
❑Yes
B3 ❑P ❑T
❑ No
611. Total buffer impacts
N/A
N/A
61. Comments: N/A
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The minimum length culvert to meet secondary road standards was designed for this site. Streambanks at inlet and outlet will
be stabilized with riprap.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion and sedimentation BMPs will be installed prior to construction. Water will be separated from the work areas to
prevent sedimentation and contact of water with uncured concrete.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
® Payment to in -lieu fee program
project?
❑ 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
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

3c. Comments: 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 mitigation requested (DWQ only):
N/A square feet
4e. Riparian wetland mitigation requested:
NIA 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
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
NIA
NIA
3 (2 for Catawba)
NIA
Zone 2
1.5
6f. Total buffer mitigation required:
N/A
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments: N/A
Page 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
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments: N/A
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
NIA %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project is covered by individual NPDES Permit NGS000250
❑ 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?
❑ Phase II
3b.
Which of the following locally - implemented stormwater management programs
apply (check all that apply):
❑ NSW
❑ USMP
❑ 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
(check all that apply):
❑ HQW
❑ ORW
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
El Yes E] No
S.
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?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project is limited in scope and involves the replacement of an obsolete concrete bridge. The road is not being
widened or paved; the potential for secondary impacts and cumulative impacts are minimal.
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 with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑Yes No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Database
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your-site would impact Essential Fish Habitat?
N/A -There are no marine or estuarine communities within 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 was submitted to the North Carolina Department of Transportation's Human Environment Unit for review. It
was determined that no survey was required for historic architecture. A survey was performed for archaeology and it was
determined the project would have no effect on archaeological resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Program
Mark S. Davis
Applicant/Agent's Printed Name
Da e —
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page I 1 of 11
PCN Form – Version 1.3 December 10, 2008 Version

r-�J
' Ecosystem
I ' A" V.
PROGRAM
1_
Mr. Mark S. Davis
NCDOT Division 14 Environmental Supervisor
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Davis:
February 26, 2013
Subject: EEP Mitigation Acceptance Letter:
l)
q1'01/ pp
% ? 8 ?
Division 14 Project, Replace Bridge 221 over Galloway Creek on SR 1388, Transylvania
County; WBS Element 1713P.M.R.19
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream mitigation for (lie subject project. Based on the information received on February 22, 2013,
the impacts are located in CU 06010105 of the French Broad River basin in the Southern Mountains (SM) Eco-
Region, and are as follows:
French Broad
Stream
Wetlands
Buffer (Sq. Ft.)
06010105
Non-
Coastal
SM
Cold
oo
Cl
Wami
Riparian
Riparian
Marsh
Zone l
Zone 2
Impacts
78
0
0
0
0
0
0
0
feettacres
This impact and associated mitigation need were under projected by the NCDOT in the 2013 impact data.
EEP will eonmnit to implement sufficient compensatory stream mitigation credits to offset the impacts associated
with this project as detennined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of the
N.C. Department of Envirorunent and Natural Resources' Ecosystem Endiancement Program In -Lieu Fee Instrument
dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will
no longer be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919 -707-
8420.
Sincerely,
(3�". c� +—
Michael Alison
EEP Acting Director
cc: Ms. Lori Beckwith, USACE – Asheville Regulatory Field Office
Ms. Amy Chapman, Division of Water Quality, Wetlands/401 Unit
Mr. Josh Deyton, P.E., NCDOT– Division 14 Bridge Program Engineer
Ms. Linda Fitzpatrick, NCDOT – PDEA
File: SR 1388 – Bridge 221 – Division 14
jzutOrjij�,... ... PYDtt', 'allIj OGt:,f'' State
7. ;3&
M M
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 707 -8976 / h ttp: / /portal.nodenr.org/web /eep

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 Fomn 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: Bridge 221 on SR 1388
Statc:NC County /parislt/borough: Transylvania City: Rosman
Center coordinates of site (lat/long in degree decimal format): Lat. 35.15213° N, Long. 82.81 l51° jNV.
Universal Transverse Mercator:
Name of nearest waterbody: Galloway Creek (C)
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River
Name of watershed or Hydrologic Unit Code (HUC): 06010105010030
® Check if map /diagram of review area and /or potential jurisdictional areas'is/are available upon request.
❑ Check if other sites (e.g., oft'site mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: February 6, 2013
® Field Determination. Date(s): November 15, 2011
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are�no "navigable watem of *1he U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Requirerlj
❑ Waters subject to the ebb and Flow of the tide.
❑ 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 ojlhe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Regairer/J
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
❑ 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'INWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
El Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 200 linear feet: 7 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Es"tptilis_hed- by,OH\Yt \'I?
Elevation of established OI•IWM (if known):
2. Non - regulated waters /wetlands (check if applicable):'
❑ Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
'Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III,A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.I.; otherwise, see Section IILB below.
1. TNW
Identify TNW: s.
Summarize 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 under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW,,but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip_to Section III.D.4.
A wetland that -is adjacent to but that does not directly abut all RPW requires a significant nexus evaluation. Corps districts acid
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 waterbodyl 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.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1.- 'Characteristics of note -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick,Gisi
Drainage area: LPICk'Llit'
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick,Lisi river miles from TNW.
Project waters are A&,13isi river miles from RPW.
Project waters are Pick -'List aerial (straight) miles from'I'NW.
Project waters are Pick'L'ist aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
'Note that tie Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route enn be described by identifying, e.g., tributary a, which flows through tie review area, to flow into tributaq, b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man - made). Explain:
❑ Manipulated (man - altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick_L "ist.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type / %cover:
❑ Other. Explain:
Tributary condition /stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle /pool complexes. Explain:
Tributary geometry: PickUst
"Tributary gradient (approximate average slope): %
(c) Elow:
Tributary provides f'or: Pick List
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,List. Characteristics:
Subsurface flow: Pickll ist. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
❑ Discontinuous OHtVM.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/characteristics
❑ tidal gauges
❑ other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
❑ survey to available datum;
❑ physical markings;
❑ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIWM has been removed by development or agricultural practices). Where (here is a break in the OHWA•I that is unrelated to the waterbody's-flow
regime (e.g., flow.over a rock outcrop or through a culvert), the agencies will took for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally - sensitive species. Explain findings:
❑ Aquatic /wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non -TN\V that flow directly or indirectly into TNW
(i) 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: Eick.LW. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Piek,,List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non -TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TN \V
Project wetlands are Pick'Lisi river miles from TNW.
Project waters are Pick'List aerial (straight) miles from TNW.
Flow is from: Picktisf.
Estimate approximate location of wetland as within the Pic
k.List floodplain.
(if) 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 lanown:
(iii) Biological Characteristics. Welland 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:
❑ Aquatic /wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if 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? (YIN) Size (in acres) Directly abuts? (YIN) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
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 tite chemical, physical and /or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in tite Instructional Guidebook. Factors to consider include; for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support ftmctions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
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 111.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 III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSMETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in-review area:
❑ TNWs: linear feet width (ft), Or, acres.
❑ 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: Galloway Creek is shown on the USGS map as a perennial stream..
❑ 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 111.8. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 200 linear feet 7 width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
Non -RPWs' (lint flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TINW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
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 nn RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
El Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and. rationale
indicating that tributary is perennial in Section 111.13:2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
❑ Wetlands directly ablating an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, haven significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional 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 IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA - STATES WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, 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.
tiom 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.
El Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
' To complete the analJSis 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 NQ for
review consistent with the process described in the Corps/EPA Alentorandnrn Regarding 011,- -ld Jurisdiction Folloning Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non - wetland waters: acres.
identify type(s) of waters:
❑ Wetlands: acres.
F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPL)'):
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 solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non - wetland waters (i.e., rivers, streams): linear feet width (ft).
0 Lakes/ponds: acres.
❑ Other non - wetland waters: acres. List type of aquatic resource:
0 Wetlands: acres.
Provide acreage estimates for non- jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
El Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
❑ Other non- Nvetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
❑ Data sheets prepared/submitted by or on behalf of (lie applicant/consultant.
❑ Office concurs with data sheeWdcli neat ion report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey 11ydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit 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 inventor), map(s):
❑ FEMA/FIRM "maps:
❑ 100 -year Floodplain Elevation is: (National Geodeclic Vertical Datum of 1929)
® Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date):Stream Site May 2012.
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable /supporting case law:
❑ Applicable /supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

Bridge 221 on SR 1388 (Old Rosman Hwy) over Galloway Creek
Transylvania County, North Carolina
Site 1A (Flow Diversion)
y
70 LF CF I••LET
Site 2 CHA 41 WR3YEVEITTS
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