HomeMy WebLinkAbout20131123 Ver 1_Application_20131018Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name
2. Name of Property Owner /Applicant: NC Department of Transportation °gTFRhYCH
3. Name of Consultant /Agent: N/A
*Agent authorization needs to be attached.
4. Related /Previous Action ID number(s):
5. Site Address: NIA
6. Subdivision Name: N/A
7. City: Mur Ih
8. County: Cherokee
9. Lat: 35.15299° N Long: - 84.030570 W (Approx Project Center)
10. Quadrangle Name: McDaniel Bald(35084 -13 1 -TF -024)
11. Waterway: Owl Creek (Class C)
12. Watershed: Hiwassee Q, ,1 3 1 1 2 3
13. Requested Action:
X Nationwide Permit # 3
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
Project Description/ Nature of Activity/ Project Purpose:
Site /Waters Name:
Keywords:
Section 404
Begin Date
PAT MCCRORY
GOVERN \OR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
October 18, 2013
Ms. Lori Beckwith, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC'28801 -2714
ANTHONY J. TATA
SECRETARY
Subject: Nationwide 3 Permit Application
Replace Bridge No. 17 on SR 1340 (Owl Creek Road) over Owl Creek
Cherokee County
WBS Clement No. 17BP.14.R.57 (DWR Minor Permit Fee $240)
Dear Ms. Beckwith:
The North Carolina Department of Transportation ( NCDOT) is proposing to replace the subject
bridge. The existing bridge is a 20.0'W x 20.5' L single span timber bridge. The new bridge
will be a 30' W-x 45' L single span cored slab bridge on a 120 degree skew. The bridge will be
stage constructed in order to maintain traffic on this dead end road during construction. The
project will also include some bridge approach work on the existing roadway.
I am enclosing a PCN application, Rapanos Jurisdictional form, SHPO forms, plan sheets
showing the proposed work, a marked county map, a USGS quad map and photographs.
The North Carolina Natural Heritage Program lists 25 species for Cherokee County that have
federal status that are known from current records or were known to occur in the County
historically. One species; the bald eagle (Haliaeetus leucocephalus), retains special protection
under the Bald and Golden Eagle Protection Act. The bog turtle (Gl),ptemys muhlenbe►gii) is
listed as threatened due to similarity of appearance to the northern bog turtle. Two species, the
white fringeless orchid (.Platanthero inlegi,ilcrbia), designated as a candidate species, and the
littlewing pearlymussel (Pegias fabula), listed as endangered, are known only from historical
records. Three species, the hidiana bat (1fyotis sodalls), the small whorled pogonia (Isotria
me(leoloides), and the Cumberland bean (Villosa h•abalis) are known from current records and
are listed as either threatened or endangered. The sicklefin redhorse (Moxostoma sp. 2) is
designated as a candidate species.
The database lists, no threatened or endangered species within the Owl Creek watershed. The
only records for a listed species found within a five mile radius of the project are for the sicklefin
Fourtccnth •Division Office
586 -2149 253` %%ebster Road; Splva, t4orth,Carolina, 28779 Fax: (;
Bridge No. 17 — Cherokee County Page 2 October 18, 2013
redliorse. The nearest downstream record for the sicklefin redliorse is approximately 7.5 miles
from the project.
Owl Creek at the project site has been impacted by residential yards and the road. Owl Creek
does. have the characteristic sand and gravel substrate preferred by the Cumberland bean;
however, Owl Creek is smaller than the rivers where the Cumberland bean is typically found.
The only record for the Cumberland Bean in North Carolina is in the Hiwassee River
downstream of Apalachia Lake,, which is greater than 35 miles from the project "site.
The terrestrial habitat in the vicinity of the project has been disturbed by removal of riparian
vegetation, the road and bridge and residential areas. Therefore, the habitat is not characteristic
of habitat of the small whorled pogonia or nesting habitat for the bald eagle. Habitat for
threatened and endangered terrestrial species is lacking at the bridge site except a few trees near
the bridge may have potential to provide summer roosting habitat for the Indiana bat.
Due to the proximity of Indiana bat records, the USFWS considers Cherokee County to be an
Indiana bat county. A few trees may have to be removed for the bridge project. To avoid
potential effects to Indiana bat maternal roost sites, trees will be removed during the,winter
months prior to April 15. There could be minimal indirect effects on Indiana bats due to loss of
potential future roosts; however, the loss of a few trees in a forested landscape is considered
insignificant. The existing bridge is made of timber and lacks the thermal characteristics that are
typical of bridges used by bats as roost sites. There were no signs of staining or guano observed
during the field scoping meeting.
The project is limited, in scope. Aquatic and terrestrial habitat at the project site is lacking.or
limited for listed species. BMPs will minimize effects to downstream aquatic habitat. No
threatened or endangered species were observed during the field scoping process or -are known to
occur within the Owl Creek watershed. 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. It was determined
that neither archaeology nor historic architecture required a survey (see attached forms).
NCDOT best management practices will be�used to minimize and control erosion and
sedimentation on this project. The construction foreman will review all erosion control measures
daily to ensure erosion and sedimentation are being controlled effectively. If the devices are not
fimctioning as intended, they will be replaced immediately with better devices.
Impacts to Waters of the United States
Owl Creek (DWR Class: C) is shown on the USGS topographic map as a perennial stream. The
channel is well defined with a substrate of cobble, gravel, sand and silt and is approximately 14
feet wide. The stream has'sufficient flow to support rainbow trout and other aquatic life. Owl
Bridge No. 17 — Cherokee County Page 3 October 18, 2013
Creek flows approximately 3.2 miles to Hanging Dog Creek. Hanging Dog Creek then flows
approximately 4:6 miles to Hiwassee Lake. Hiwassee Lake meets the definition of a Traditional
Navigable Water. For these reasons, we believe Owl Creek is a Relatively Permanent Water and
is under the jurisdiction of the U.S. Army Corps of Engineers. There is a 0.11 acre headwater
forest wetland that is adjacent to the fill slope of the road and abuts Owl Creek on the northern
bridge approach. The wetland is somewhat impacted by periodic utility right of way
maintenance. There will be a small impact to this wetland from the installation of a spring_ box.
In order to construct the project, it will be necessary to impact waters of the United States in the
Hiwassee River Basin (HUC 06020002). Specifically, NCDOT is requesting to replace Bridge
No. 17 with a concrete cored slab bridge. Listed below is a summary of the proposed impacts.
Site No.
Existing Condition
Proposed Condition
Net
Impacts
20' W x 20.5' L Single Span
30' W x 45' L Single Span
0 ,
Site 1
Tiniber Bridge
Cored Slab Bridge
Road fill at bridge and riparian
Excavate road fill and riparian
Site IA
area upstream of bridge
area and riprap bank
45
stabilization
Site 1 B
Free Flowing Stream
Impervious Dike and Flow
100'
Diversion
W1
Headwater Forest Wetland
Fill Headwater Forest Wetland
<0.01
.Site
and Install Spring Box
acres
Site W2
Headwater Forest Wetland
Temporary Construction in
<0.01
Headwater Forested Wetland
acres
Total Permanent Stream Impact - Bridge 0'
Total Permanent Wetland Fill <0.01 Ac
Total Permanent Stream Impact for Riprap Bank Stabilization 45'
Total Temporary Stream Impact for Impervious Dike and Flow Diversion 115'
Total Temporary Wetland Impact for Construction <0.01 Ac
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 NCDOT Review Coordinator, of the North Carolina Wildlife Resources
Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit
request.
Bridge No. J 7 — Cherokee County Page 4 October 18, 2013
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
Resources (DWR). In addition, I am asking Ms. Chambers and Mr. Ben DeWit, Roadside
Environmental Field Operations Engineer (NCDOT), to conunent 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 Supervisor
Enclosures
cc: Ms. Amy Chapman, Division of Water Resources — DENR, Raleigh
Mr. Jason Mays, Biologist, US Fish and Wildlife Service, Asheville
Mg. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Oakboro
Mr. Josh Deyton, PE, Division 14 Bridge Management Engineer, NCDOT, Bryson City
Mr. Ben DeWit, El, Roadside Enviromnental Field Operations Engineer, NCDOT
o�oF warF9Oc
LM >r-i
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PC Form
A. Applicant Information
1. Processing
1a. ' Types) of `.approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: N/A
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
1 e. Is this notification solely for the record
because written approval is not required?
❑ Yes ® No
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
1g. Is the project located in any of'NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h. Is the project located within.a NC DCM Area of Environmental Concern (AEC)?
j ❑Yes
® No
2. Project Information
2a. Name of project:.
Replace Bridge No. 17 on SR 1340 (Owl Creek Road) over Owl Creek
2b. County:
Cherokee
2c. Nearest municipality / town:
Murphy
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
17BP.14.R.57
3. Owner Information
3a. Narrie(s) on Recorded Deed:
North Carolina Department of Transportation
3b. Deed Book and Page No.
N/A
3c., Responsible Party (for LLC if
applicable):
Mark S. Davis, Division Environmental Supervisor
3d. Street address:
253 Webster Road
3e. City, state, zip:
Sylva, NC 28779
3f. Telephone no.:
828 - 586 -2141
3g. Fax no.:
828 - 586 -4030
3h. .Email address:
markdavis @ncdot.gov
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: N/A
4b. Name:
N/A
4c. Business name
(if applicable):
N/A
4d. Street address:
NIA
4e. City,. state, zip:
N/A
4f. Telephone no.:
N/A
4g. Fax no.:
N/A
4h. Email address:
N/A
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, 2608 Version
B. Project Information and Prior Project History
1. Property Identification
1'a. Property identification no. (tax PIN or parcel ID):
N/A
1 b. Site coordinates (in decimal degrees):
Latitude: 35.15299 Longitude: - 84.03057
(DD.DDDDDD) (- DD.DDODDD)
1c. Property size:
N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Owl Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
DWR Class: C
2c. River basin:
Hiwassee (HUC 06020002)
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:
Land use in the project vicinity is primarily forested and open maintained grassed areas with some residential
development.
3b. List the total estimated acreage of all existing wetlands on the property:
0.11
3c. List.the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 143'
3d. Explain the purpose of the proposed project:
To replace a structurally deficient 20.5' L x 20'W timber bridge with a 45' L x 30'W cored slab bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
Erosion and sedimentation control measures will be installed. The stream will be diverted as needed to provide a dry
construction area. The proposed bridge will be located in approximately the same location and alignment as the existing
bridge. A spring box will be constructed to prevent erosion of the roadway fill slope that will require minor fill and
temporary impacts to wetlands. Riprap will be placed under the bridge and around the end bents to prevent erosion; no
riprap will be placed in the stream channel. Excavators, dump trucks, bulldozers, and cranes, water pumps, flow
diversion pipe and various hand tools will be used in construction. Traffic will be maintained on the existing bridge by
using staged construction.
4. Jurisdictional Determinations
4a. Have jurisdictionalvetland 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:
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: Carolina Ecosystems Inc.
Name (if known): Phil May, Brian Smith
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Office Determination: 7/5/2012, USACE Field Visit 3/2/2012
5., Project,Hlstory
5a. Have permits or certifications been requested or obtained for
❑ Yes [D 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 on4he 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)
(if known)
DWQ — non -404, other)
(acres)
or Temporary
W1 ®P ❑ T
Fill
Headwater Forest
® Yes
❑ No
® Corps
® DWQ
<0.01
W2 ❑ P ®T
Construction
Access
Headwater Forest
® Yes
❑ No
® Corps
® DWQ
<0.01
W3 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
'❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total Wetland Impacts - Fill
<0.01 Ac
2h. Comments: Total Temporary Construction Wetland Impact <0.01 Ac
3. Stream Impacts
If there are perennial of 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)
intermittent
DWQ — non -404, other)
width
(linear
or Temporary
(INT)?
(feet)
feet)
(T)
S1 ®P ❑ T
New Cored Slab
Bridge
Owl Creek
® PER
❑ INT
® Corps
® DWQ
14
0
S1A ® P [IT
Bank
Stabilization
Owl Creek
® PER
❑ INT
® Corps
® DWQ
14
45
S113 ❑ P ®T
Flow Diversion
Owl Creek
® PER
❑ INT
® Corps
® DWQ
14
100
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑'T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total Stream and Tributary Impacts - Bridge
0'
Total Permanent-Stream Impact for Riprap Bank Stabilization
45'
Total Temporary Stream Impact for Impervious Dike.and Flow Diversion
100'
3i. Comments:
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
impact
waterbody
Type of impact
Waterbody type
Area of impact (acres)
number —
(if applicable)
Permanent
(P) or
Temporary T
01 ❑ P ❑ T
N/A
N/A
NIA
N/A
02' ❑ PEI T
03 ❑ PEI T
04 ❑P ❑T
4f.,Total open water impacts
N/A
4g. Comments: N/A
5: Pond or Lake Constructlon
If pond or lake construction propose d, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or
(acres)
number
purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
N/A
NIA
NIA
N/A
N/A
NIA
N/A
N/A
P2
5t: Total
N/A
NIA
N/A
N/A
NIA
NIA
N/A
5g. Comments: N/A
5h. Is a dam high hazard permit
required?
❑ Yes ❑ No If yes, permit ID no: N/A
NIA
5i. Expected pond surface area (acres):
N/A
5j. Size of pond watershed (acres):
N/A
5k. Method of construction:
NIA
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for D.WQ)
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 El 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
for
Stream name
mitigation
(square feet)
(square feet)
(P) or
impact
required?
Tem ora T
81 .❑ P ❑ T
❑ Nos
N/A
N/A
B2,0 P ❑ T
❑Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
N/A
N/A
6i. Comments: N/A
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed bridge is located in approximately the same location and alignment as the existing bridge. The roadway fill
slope adjacent to the - wetland will be 2:1 to minimize wetland impacts. The proposed bridge will completely span Owl'Creek
and no bents•will be placed in the water. The new bridge will be a longer spanning structure with increased hydraulic capacity.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
NCDOT BMP's for bridge demolition and construction as well as erosion control measures will be strictly enforced throughout
project construction. Stream flow will be diverted as necessary to maintain dry construction areas.
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
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A __J
3b. Credits, Purchased (attach receipt and letter)
Type N/A
Quantity N/A
Page 7 of 11
1 PCN Form — Version'l.3 December'l0, 2008 Version
3c. Comments:' N/A
4. Complete If Making a Payment to.ln -Ileu 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):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
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.
Zoiie
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
N/A
N/A
3 (2 for Catawba)
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
❑ Yes ® No
within one of'the NC Riparian Buffer Protection Rules?
1b. If.yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
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:
The project is covered by individual NPDES Permit No. 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
❑ NSW
3b. Which of'the following locally - implemented stormwater management programs
❑ 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
❑ HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater 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: 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 213 .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you-answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project is a replacement of existing infrastructure; therefore, additional development is not likely to occur as a result
of the project. The bridge replacement will neither influence nearby land use or stimulate growth as no new travel' lanes
are proposed.
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.
No wastewater will be generated by this project.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Specles 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?
El 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 and field scoping meeting.
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?
This project was reviewed by NCDOT's Human Environment Unit in 2012. It was determined that neither archaeology nor
historic architecture required a survey (see attached sheets).
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: MOA with FEMA to be coordinated by NCDOT Hydraulics Unit
8c. What source(s) did'you use to make the floodplain determination? North Carolina Floodplain Mapping Program
http: / /www.ncfloodmaps.com
Mark S. Davis
Division Envirotunental Supervisor
X: &1 /. 3
Date
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's 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
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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT'OFFICE, FILE NAME, AND NUMBER:
C:• PROJECT LOCATION AND BACKGROUND INFORNMATION: Bridge 17 on SR 1340 (Owl Creek Road)
State:NC County /parish/borouglt: Cherokee City: Murphy
Center coordinates of site (lat/long in degree decimal format): [-at. 35.15299° N, Long. 84.030570 v.
Universal Transverse Mercator:
Name of nearest waterbody: Owl Creek (Class C)
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Hiwassee Lake
Name of watershed or Hydrologic Unit Code (HUC): 060200021100 10
0 Check if map /diagram of review area and /or potential jurisdictional areas is/are available upon request.
EJ Check if other sites (e.g., offsite 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: October 14, 2013
® Field Deternination. Date(s): November 17, 2011
'SECTION Ill: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Arse "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
Q Waters subject to the ebb and flow of the tide.
0 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 U.S." within Clean Water Act;(CWA) jurisdiction (as defined by 33 CPR part 328j in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent watersz (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 TNNN's
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
0 Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimnte) size of waters oft lie U.S. in the review area:
Non - wetland waters: 150 linear feet: 14 %width (11) and/or acres.
Wetlands: 0.11 acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWNI (if known):
2. Non - regulated waters /wetlands (check if applicable):}
Potentially jurisdictional waters and /or wetlands were assessed within the rev ie +v area and determined to be not jurisdictional.
Explain:
'Boxes checked below shall be supported by completing the approprinte sections in Section III below.
' For purposes of this form, mt RPW is defined as a tributary that is not a TNW and that typically floes year -round or has continuous Flow at least "seasonally"
(e.g., typically 3lnonths).
' Supporting documentation is presented in Section IILF.
SECTION III: CWA ANALYSIS
A. TNWs AND \VETL'ANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic, resource is a TNW, complete
Section IILAA 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 11 11.13 below.
1. TNW
Identify'TNW:
Suinmarize 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 suntunarizes 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 Rapnrlos have been met.
The_agencies ►will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs)i 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 an RPW requires a significant nexus evaluation. Corps - districts and
EPA regions will include in the record any available information that documents the existence ofa 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 w•aterbody' is not an RP%V, 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 111.11.1 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 non -TNWs that flow directly or indirectly into TNW
(f) General Area Conditions:
Watershed size: PickCist
Drainage area: 'Piek:List
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 List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Riek'List aerial (straight) miles from TNW.
Project waters are Pick,List aerial (straight) miles from RPW.
Project waters cross or serve as slate boundaries. Explain:
Identify flow route to '[W:
Tributary stream order, if known:
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the.arid
West.
5 [;low route can be described by identifying, c.g., tributary a, which flows through the review area, to flow into tributary 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: P k-Ust.
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/riftle /pool complexes. Explain:
Tributary geometry: Pick ,List
Tributary gradient (approximate average slope): %
(c) Plow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/ycar:-Pick:List
Describe flow regime:
Other information on duration and volume:
Surface tlo%v is: Pick Lis . Characteristics:
Subsurface flow: Pick,Cist. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ tied 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 011WN,1.7 Explain:
If factors other than the OHWM were used to determ
❑ High Tide Line indicated by: ❑
❑ oil orscym line along shore objects
El le 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 flo,.v events
abrupt change in plant community
ne 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 OHNNrM does not necessarily sever jurisdiction (e.g.,-where the stream temporarily flows underground, or where
the OHWM has-been removedby development or agricultural practices). Where there is a break in the OHWMI 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.
(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 -TNW that flow directly or indirectly into TNM1'
(i) Physieal 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: -ek'Lis(. Explain:
Surface flow is: Pick -Ui
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 bean /barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands arereRiek'List river miles from TNW.
Project waters are Piek.L•ist aerial (straight) miles from TNW.
Flow is from: -ick.LisF-
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian butler. Characteristics (type, average width):
❑ Vegetation type /percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fisli/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 and_)
All welland(s) being considered in the cumulative analysis: Piek 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)
Sununarize 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 insubstantinl effect on the chemical, physical and/or biological'integrity of a TNW.
Considerations when evaluating significant nexus include, butare 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 nn 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 Rnpmms 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 lifecycle support hinctions,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,TNNO
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 p "resence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant-nexus findings for non -RPW and its-adjacent wetlands, where the non -RPNV 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:
3. 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 WATERS/WETLANDS ARE (CHECK ALL
THAT APPLE):
L. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
El 'rNWs: linear feet width (It), Or, acres.
❑ Wetlands, adjacent to TN1Vs: acres.
2. RPWs that flow directly or indirectly into TNV%'s.
Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Owl Creek is -shown on'the USGS map as a perennial stream and has sufficient flow to support rainbow
trout and other aquatic life..
❑ Tributaries of TNW where tributaries have continuous flo%v'`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: 150 linear feet Id width (ft).
b Other non - wetland waters: acres.
Identify type(s) oCwaters:
Nou -RPWss that flow directly or indirectly into TNWs.
E Waterbody( hat is not a TN•1V or an RP\V, 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).
El Other non - wetland waters: acres.
Identify type(s) of Waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RP \V where tributaries typically Flow year- round. Provide data and rationale
indicating that tributary is perennial in Section IIl.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: The wetland at one point is contiguous with the streambank.
E] Wetlands directly abutting an RP\V 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: 0.11 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectlyinto TNWs.
E] Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which (lie), are adjacent
and with similarly situated adjacent %wetlands, have a significant nexus with a TNW arc 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.
E] 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 TNN 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 awaters.9
As a general rule, the impomidnrent of jurisdictional tributary remains jurisdictional.
0 Demonstrate that impoundment was created from "waters of the U.S.," or
E] Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
Q Demonstrate that water is isolated with a nexus to commerce (see E below).
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 APPLI'):lo
0 which are or could be used by interstate or foreign travelers for recreational or other purposes.
El from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
El which are or could be used for industrial purposes by industries in interstate commerce.
Q Interstate isolated waters. Explain:
0 Other factors. Explain:
'See Footnote # 3.
'To complete the analysis refer to the key in Section 111.13.6 of the Instructional Guidebook.
10 Prior to asserting or declining C \VA jurisdiction based solely on this category, Corps Districts %Sill elevate the action to Corps and EI'A IIQ -for
review consistent with the process described in the Corps/F.PA Memorandum Regarding CIVA Aci Jurisrliclion Follon,iug Rnpmtos.
Ideutify water body mid summarize rationnlc supporting determination:
Provide estimates for jurisdictional waters in the review area (check all thavapply):
❑ Tributary waters: linear feet width (fl).
El Other non - wetland waters: acres.
Identify type(s) of waters:
y . Wetlands: acres.
NON- JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in Ilse 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 ".SIIIANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule"
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 ofjurisdiction is the NIBR
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, s(reams): linear feet width (ft).
❑ Lakes/ponds: acres.
0 Other non - wetland waters: acres. List type of aquatic resource:
El 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):
❑ Non- wetland'waters (i.e., rivers, streams): linear feet, width (I1).
❑ Lakes/ponds: acres.
❑ Other non - wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION'IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consuhant:
❑ Data sheets prepared /submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delincation report.
❑ Office does not concur with data sheets/delineation report.
Data. §heets przpared by the Corps:
❑ Corps navigable waters' study:
U.S. Geological Survey I ly&ologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geo Survey logical Suey niap(s). Cite scale R 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 Geodectic Vertical Datum of 1929)
® Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date): Project Site from Inspection Report: June 20, 2012.
❑ Previous dcterntination(s). File no. and date of response letter:
❑ Applicable /supporting case law:
❑ Applicable /supporling scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT. JD:
NO SURVEY REQUIRED FORM
PROJECT INFORMATION
Project -No:
6YBS. No:
l ff.1wiQ
17BP.14:R.57
N/A
Federal (USACE) Permit Requir -ed?
Project Tracking No. (Internal Use)
12 -05 -0066
Citl IV
Comity.•- Cherokee 1 UN
Document: MCC?Attachment G 201z
Funding: ® State ❑ Federal DIV'S'Opy
N 14
❑ Yes ® No Permit Type:
Project Desc►-iplion: Replace Bridge No. 17 on SR 1340 (Owl Creek Rd) over Owl Creek:
SUMMARY OF'CULTURAL RESOURCES REVIEW
Brief description of review activities, results of review, and conclusions:
Review of EIPO quad maps, HPO GIS information, historic designations roster, and indexes was
undertaken on May 30, 2012. Based on this review, there are no existing NR, SL, LD, DE, or SS
properties in the Area of Potential Effects, which is 75' from the centerline each way and 300' from each
end of the bridge. As this is a state funded project with no federal actions, it is subject to GS 121- 12(a),
which requires consideration of only National Register listed properties in the APE: There are no NR
listed properties in the APE, therefore the project needs no architectural survey. Should the project
acquire federal funding, permits, or other involvement, or if its scope changes in any way, it will require
additional review. In addition, Bridge No. 17 is not NR eligible based on the NCDOT Historic Bridge
Inventory.
Brief L*aplanalion of why 1he available it formation pu•ovides a reliable basis for reasonably predicting
Thal there are no unidentified historic properties in the APE:
HPO quad maps and GIS information recording NR, SL, LD, DE, and SS properties for the Cherokee
County survey and Google Maps are considered valid for the purposes of determining the likelihood of
historic resources being present. There are no National Register Listed properties within the APE and no
survey'is required.
SUPPORT DOCUMENTATION
See attached: Maps:
FINDING BY NCDOT CULTURAL RESO E ESSIONAL NO SURVEY REQUIRED
ARCHAEOLOGY HISTORIC ARCHITECTURE (CIRCLE ONE)
A&A" 30 z0vZ
NCDOT Cultural Resources Specialist I Date
"No §wvey Required" form for ALuor D- ansportmion Projects at Qualified m the 1007 Progranmmuic Agreement.
NCDOTArdmeology A Historic Areliiteenve Groups
Roject Tracking AV (Lnteniat Use)
12-05 -0066
NO SURVEY REQUIRED FORM
PROJECT INFORMATION
Project No: Str. #`190017 Cornrty: Cherokee
IIBSNo: 17BP'.14.R.57 Document: Minimum Criteria Sheet
F.A. No: NA Fording: ® State ❑ Federal
Feeleral (USACE) Permit Required? ® Yes ❑ No Permit Type: NWP #.3 and/or 14
Project Description:
Aft N
#VD
JUN 2 5. 2012
The project calls for the replacement of Bridge No. 17 on SR 1340 (Owl Creek Road) over Owl Creek in
Cherokee Cornrty along the existing alignment. The archaeological Area of Potenlial Effects (APE) for
the project is defined as a 600: foot (182.88 ni) long corridor running 300 feel (91.44 rir) north and 300
feet (91.44 m) south along SR 1340 from the center of Bridge No. 17. The corridor is approximately 100
feet (30.48 m) wide extending 50 feet (15.24 in) on either side of SR 1340 from its present center.
SUMMARY OF CULTURAL RESOURCES REVIEW
Brie /`description of review activities, results of review, and conclusions:
Bridge No. 17 is north of Murphy and just south of Hanging Dog Mountain near the middle of Cherokee
County,.North Carolina. The project area is plotted in the southeastern corner of the McDaniel Bald
USGS 7.5' topographic quadrangle (Figure 1).
A map review and site file search was conducted at the Office of State.Archaeology (OSA) on June 8,
2012. No previously recorded archaeological sites have been identified within or adjacent to the APE, but
two known sites (310E646.and 310E649) are within a mile radius of the bridge. In addition, no existing
National Register of Historic Places (NRHP), State Study Listed (SL), Locally Designated (LD),
Determined Eligible-(DE), or Surveyed Site (SS) properties are within or adjacent to the archaeological
APE. Topographic maps, USDA soil survey maps, aerial photographs (NCDOT), and historic maps
(North Carolina maps website) were utilized to gage environmental factors that may have contributed to
historic or pfehistoric settlement within the project limits and to assess the level of disturbances within the
surrounding archaeological APE. A reconnaissance survey was conducted on June 12, 2012, to help
assess the project area.
Bridge No. 17 and SR 1340 cross Owl Creek roughly north to south. Owl Creek drtiiiis south and west
into Hanging Dog Creek. These waterways are part of the Hiwassee drainage basin. The APE is situated
along stream terraces and hillside slopes (Figure 2). The northeast quadrant is mostly disturbed from
residential landscaping or has slope of 15 percent or more. A man -made pond is located on the only level
landform in this quadrant. The northwest quadrant slopes quickly away from the road with a wide,ditch
at its base. The southeast quadrant also slopes away from the road but gradually levels well away from
the APE. Lastly, the southwest quadrant consists of slope greater than 15 percent. In addition, a utility
corridor runs along the eastern side of SR 1340. The terraces are mostly open with few trees and light to
moderate secondary growth, while the hillsides are forested. In general, disturbance appears moderate to
severe.
12 -05 -0066
A review of'the USDA soil survey map indicates that the APE is composed of three soil types (Figure 3).
Ela silt,loam (EaA) is found along the terraces north of the bridge. This series is very poorly drained with
a slope of 0 to 2 percent. It is also subject to occasional floods. Due to persistent wetness and flooding,
this series is not suitable for prehistoric or historic settlement and is unlikely to yield significant deposits.
The Rcddies-Dellwood soil complex (RdA) makes up the southern terraces. This complex is generally a
sandy loam that is moderately well drained with a slope of 0 to 3 percent. lt.too is "subject to flooding.
This series is usually preferable-for archaeological site due to being well drained and dry for most of the
.year. However, the area within the project limits on the Reddies - Dellwood complex appears to be
severely disturbed from past road improvements and utilities. These disturbances make it unlikely that
any intact archaeological deposits are present. The final series is the Junaluska -Tsali soil complex (RE),
which is located along the hillside slopes to the west of SR 1340. This complex occupies a larger
percentage of the APE than what is shown -on the soil map including the entire southwest quadrant. The
Junaluska-Tsali complex consists of a fine sandy loam that is well drained, but slope is at 30 to 50
percent. Slope at 15 percent or greater is considered undesirable for significant archaeological sites.,
Very few previous archaeological investigations have been conducted in this section of the county with
only two sites,(310E646 and 310E649) being identified. Both sites were first rccorded,by archaeologist
with the US Forest Service for the Owl Creek timber sale. Site 310E646 is an isolated find consisting of
liihic debitage. It located on a ridge toe and is eligible for the NRHP. Site 310E649'is the remains of a
stone wall and rock piles. No artifacts associated with a historic structure were found at the -site leading
investigators to believe that the site is associated with livestock. The eligibility for this site is unassesscd.
With only a very few investigation in the surrounding area, addition investigations are needed in order to
help establish a model of site occurrences and their importance. However, this - project will not provide
the data needed as the project limits impacts primarily poor, wet, and disturbed soils.
Early Historic maps from the 18th and 19th centuries provide few details conceriung the project area. It is
not until the early 20th century that maps are published that depicts the project area with any = accuracy.
The 1914 USGS Murphy topographic map is one of the first to show Owl Creek, but'it does not plot a
road at or near the current bridge crossing (Figure 4). The nearest road is to the north ruining over the
top of the.mountain. It does not run along the drainageway like the current SR 1340 aligmnent. Later
201h century maps such as the 1921 soil survey map for Cherokee County show a more modern road' lay-
out (Figure 5). This map illustrates a road running alongside Owl Creek with a crossing near the current
bridge. This map also shows no historic structure in the vicinity of the APE. From this review, it seems
very unlikely for deposits associated with a former historic structure to be within the project area.
BriefExplanation of why the available infornalion provides a r-eliable basis for reasbnably predicting
that there-are no unidentified historic properties in the APE:
The defined archaeological A13E for the proposed replacement of Bridge No. 17 is located on terraces
along Owl Creek and on steep hillside slopes. It is unlikely intact and significant archaeological deposits
will be present in this area. This is not only due to the small scope of the proposed bridge replacement at
its existing location, which will only cause very minor impacts to undisturbed properties, but also due to
(lie poor quality and wet soils on the terraces. Furthermore, the review of historic maps suggests no
significant archaeological deposits from former historic structures are within the project limits. As long
as impacts to the subsurface occur within the defined APE, no further archaeological work is
reconnnend'ed for the replacement of Bridge No. 17 in Cherokee County. if construction should affect
subsurface areas beyond the defined APE, further ,archaeological consultation might be necessary.
12 -05 -0066
SUPPORT DOCUMENTATION
See attached: Map( §), Previous Survey Info, Photos, Correspondence, Photocopy of notes ffom county
survey.
FINDING BY _ NCDOT CULTURAL RESOURCES PROFESSIONAL NO SURVEY REQUIRED
ARCHAEOLOGY HISTORIC ARCHITECTURE (CIRCLE ONE)
6/21/12
C. Damon JSncs
NCDOT Cultural Resources Specialist Date
12 -05 -0066
ff
Project,Area
Figure 5. The 1914 USGS Murphy topographic map showing the location of the project area.
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Figure 5. The 1921 soil survey map for Cherokee County showing the location of the project area.
7
12 -05 -0066
HPO GIS Website. No National Register listed properties in vicinity.
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HPO Quad Map. No National Registerlisted properties.
"An Survey Required "form jorAlmor T'rampomoloo Projeciv or Qualified in the 1007 ProRrammalle Agn emenl.
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Cherokee County, North Carolina
Bridge 17 — Cherokee County, NC 2
Looking Upstream from Bridge
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