20140806 Ver 1_Jurisdictional Determination_20090824

BEVERLY EAVES PERDUE
GOVERNOR
551
STATE OF NORTH CAROLINA
-W - I �# �0-1 A
, lylp-"� --A� �- L z I A Alto-, I
August 20, 2009
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
ATTN.
SUBJECT:
Ms. Kimberly Garvey
EUGENE A. CONTI, JR.
SECRETARY
A
Preliminary Jurisdictional Determination for TIP Project B-4780 in
Montgomery County.
Please find attached the information you will need to perform a preliminary jurisdictional
determination regarding wetlands and streams for project B-4780. This project is within
the Yadkin river basin (U.S. Geological Survey [USES] Hydrologic Unit 03040104) and
can be found on the USES quadrangle for Morrow Mountain, North Carolina. Should
you require a field visit, please contact me at your earliest convenience to schedule the
field meeting. In the meantime, should you have any questions or require additional
information, please do not hesitate to contact me at (919) 431 - 6602.
Sincerely,
Linds L-eyy iddick
Natural Environment Unit
1214
CC: Polly Lespinasse, NCDWQ
File

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Lindsey Riddick
NCDOT
1598 Mail Service Center
Raleigh, NC 27699 -1598
(919) 431 -6602
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW -RG-R;
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
B -4780, SR 1111 over Richland Creek, Montgomery County, NC
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State: North Carolina County /parish /borough: Montgomery City:
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.2539890 N, Long. - 80.071776 ° W.
Universal Transverse Mercator: zone 17
Name of nearest waterbody: Richland Creek
Identify (estimate) amount of waters in the review area:
Non- wetland waters: 300' linear feet: various width (ft) and/or
acres.
Cowardin Class:
Stream Flow: intermittent and perennial
Wetlands: acres.
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non - Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non - reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
2

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
❑ Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Morrow Mountain;
1:24000.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Soil
Survey Staff, Natural Resources Conservation Service, United States Department of
Agriculture. Web Soil Survey. Available online at http : / /websoilsurvey.nres.usda.gov/
(Accessed: May 6, 2009).
® National wetlands inventory map(s). Cite name:SAW shapefile.
❑ State /Local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): .
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be railed upon for
Eater jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
ignature an date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Site
number
Latitude
Longitude
Cowardin
Class
Estimated
amount of
aquatic
resource in
review area
Class of
aquatic
resource
SA
35.254719
- 80.072404
200'
Intermittent
stream
Richland
Creek
35.253989
-80. 071776
100'
Perennial
stream

NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
if
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH
MONTGOMERY COUNTY
REPLACE BRIDGE No. 22 ON SR 1 I I 1
OVER RICHLAND CREEK
B -4780
Figure I

Jurisdictional Features Map
TIT. No. B -4780
Replacement of Bridge No, 22
NC DEPARTMENT OF TRANSPORTATION over Richland Creek on SR 1111
DIVISION OF HIGHWAYS I WBS Element 3855 1.
PROJECT DEVELOPMENT AND Figure 3
ENVIRONMENTALANALYSIS Montgomery County

North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Bate: 1 3 Z 3 o L Project: c� 7�L Latitude: 3s ` // j 39, t `/'V
Evaluator: �� Site: �� Longitude: C I // 3 ,r t✓
Total Points, /)10/'fbj
Stream is atteastintermittent County 1'h�wnCd-
if z 19 or perennial it z 30 %� e.g. Quad Name: nib C7� f e�r� (1y-0t
,j > >
A. Geomorphology (Subtotal = / o }
::Absent
Weak >
'''<Moderate
Strorng
1'. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1
2
3
3. In- channel structure: riffle -pool sequence
0
"}
2
3
4. Soil texture or stream substrate sorting
0
1)
2
3
5. Activelrelic floodplain
9
1
2
3
6. Depositional bars or benches
(b}
1
2
3
7. Braided channel
0
1
2
3
8, Recent alluvial deposits
7-
1
2
3
9 B Natural levees
I _O
1
2
3
10. Headcuts
0
2
3
11. Grade controls
0
.5
1
1.5
12. Natural valley or drainageway
0
0.5
1
1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No <OD
Yes = 3
- Man -made ditches are not rated; see discussions in manual
R_ Hvdrnlonv !Subtotal = (r, • S 1 _ z
14. Groundwater flow /discharge _
0
2
2
3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- dry or growing season
0
1
1
3
16. Leaflitter
1.5
13
0.5
0
17. Sediment on plants or debris
0
0.51
2
1.5
18. Organic debris lines or piles (Wrack lines)
0
0.5
1
1.5
19. Hydric soils (redoximorphic features) present?
No =0
Yes =1.5
C. Bioloav !Subtotal = 3 ] �
20�. Fibrous roots in channel
3
2
1
co
21 °, Rooted plants in channel
3
1
0
22. Crayfish
0
1
1.5
23. Bivalves
1
2
3
24. Fish
0
0.5
1
1.5
25. Amphibians
0
0.
1
1.5
26. Macrobenthos (note diversity and abundance)
0.5
1
1.5
27. Filamentous algae; periphyton
0
1
2
3 1
28. Iron oxidizing bacteria /fungus. 0.5 1 1.5
29 .Wetland plants in streambed FAG = 0.5; FACW = 0.75; OBL = 1,5 SAV = 2.4; Other 0'
` c f
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Notes: fuse back side of this form for additional notes.) Sketch: °
(�u,nn air t'5 iy{3 -4.-
n� rL�A✓v,t 1 .' .f4 ✓,LCV GIx C.Ir L'' 6v [In L,....�n.
i r
f

USACE AIDP DWQ P Site 3y,,'14 (indicate on attached map)
Fol STREAM QUALITY ASSESSMENT WORKSHEET
Provide the following information for the stream reach under assessment:
1. Applicant's name: glf)07
3. Date of evaluation: *1 V4
5. Name of stream: - (,4T- fc Z- r'u2
7. Approximate draiage area:
r
9. Length of reach evaluated: 3 ub
11. Site coordinates. (if known): prefer in decimal degrees,
`j .
2. Evaluator's name:_��d� Lk
4. Time of evaluation:
6. River basin:
8. Stream order: I `
10. County: "I
12. Subdivision name (if any):
Latitude (ex. 34.672312): 3 5 , "L r} G-vy Longitude (ex. - 77.556611): -Z, (a9 r?-C
Method location determined (circle), GPS Topo Sheet Ortho Aerial) Photo /GI Other GIS Other
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
S'21 It 1 n%.ar Cross, g n{ 1z�`�G,"tnA_v a/r
14. Proposed channel work (if any): Pn o kJ
-
Recent weather conditions, - -
16. Site conditions at time of visit:
17. Identify any special waterway classifications known: `Section 10 Tidal Waters ,— Essential Fisheries Habitat
—Trout Waters Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed (I -1V)
18. Is there a pond or lake located upstream of the evaluation point? YES NC�f yes, estimate the water surface area;
19. Does channel appear on USGS quad map? YES 1 20. Does channel appear on USDA Soil Survey? YES
21. Estimated watershed land use: -,f- % Residential _% Commercial _% Industrial dr% Agricultural
J010 Forested _% Cleared / Logged / 97% Other 2 O O
22. Bankfull width: _ _ r = R 23. Bank height (from bed to top of bank): r - 3
24. Channel slope down center of stream: Flat (0 to 2 %) !f Gentle (2 to 4 %) _Moderate (4 to 10 %) —Steep ( >I0 %)
25. Channel sinuosity: Straight ' ✓ccasional bends Frequent meander `Very sinuous — Braided channel
;nstructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture
into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality. �^
Total Score (from reverse): (� f Comments: -1-t b- i,. Q� a
.�2...1 ...dam � 0...7.,5 f+'ea.vi - La+t� _• -5-4 �- � .,_ a.., .a I i�ue i.bti. ,_ .. re li ���_.Ce.4tC.P � o-�'
qJ _ - eL, -K-JT lees . l-:ii.,JL nf- ar r.L;., ,, u ems? ,�a,A4- au&, .--o
u s.c r, -F - ,t' ( 4, _rtn ,- -- ,
Evaluator's Signature _ _ Date _3dd�
This channel evaluation form is intende d to be used only as a guide to assist landowners and environmental professional_ s in
gathering the data required by the united States Army Corps of Engineers to make a preliminary assessment of stream
quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919 - 876 -8441 x'6.

NOTICE OF ENVIRONMENTAL SURVEYS FOR THE
PROPOSED REPLACEMENT OF BRIDGE NO. 22 OVER
RICHLAND CREEK ON SR 1111 (LILLYS BRIDGE ROAD)
TIP Project No. B -4780
Montgomery County
The North Carolina Department of Transportation ( NCDOT) has begun
planning studies for the proposed replacement of Bridge No. 22 over Richland
Creek on SR 1111 (Lillys Bridge Road) in Montgomery County,
Over the next several weeks, representatives of the Department as well as
the US Army Corps of Engineers, Wilmington District, Regulatory Division, may
be present on private property for the purposes of conducting or verifying the
limits of waters and wetlands pursuant to Section 404 of the Clean Water Act
and /or Section 10 of the Rivers and Harbors Act of 1899. These representatives
will be wearing orange safety vests, have picture ID badges, and will be hanging
pink and black flagging, or ribbons, on trees and shrubs to identify the limits of
streams and wetlands, if present, on the property. This flagging does not
indicate the location of a proposed transportation project, but it is very important
in our environmental review process, so please do not disturb this flagging.
Please note that if the US Army Corps of Engineers has issued a
Jurisdictional Determination on your property, contact the NCDOT Natural
Environment Unit at (919) 431 -6710 to inform us of this fact as soon as possible
in order avoid duplication of effort. When you call, please mention the NCDOT
project number of B -4780.
For general questions about the project, please contact NCDOT Project
Planning Engineer, Christy Wright Huff, at 1598 Mail Service Center, Raleigh, NC
27699 -1598, phone [phone] or email cmwright@ ncdot.gov.