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HomeMy WebLinkAbout20140431 Ver 1_Application_20140429Corps Submittal Cover Sheet Please provide the following info: 1. Project Name:_Bridge 990235, SR 1317 2. Name of Property Owner/Applicant: NC DOT 3. Name of Consultant/Agent: *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: 7. City: Burnsville 8. County: Yancey 9. Lat: 35.97566 Long: -82.23064 (Decimal Degrees Please ) 10. Quadrangle Name: Micaville 11. Waterway: Brush Creek 12. Watershed: French Broad 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 Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: � e�y�� e�.�• STATE OF NORTH CAROLINA DEPAR`I'MENT OF TRANSPORTAT`ION PAT MCCRORY GOVF.RNOR April 30, 2014 Ms. Lori Beckwith US Army Corps oFEngineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ANTHONY J. TA'PA SFCRETARY Subject: Nationwide Permit #3 Bridge 990235, SR 1317 Big Brush Creek Road State Project No. 17BP.13.R.109 (DWQ Minor Permit Fee $240) Yancey County, NC Dear Ms. Beckwith: I have enclosed a set of plans, a PCN application for NWP #3, and a vicinity map relative to the proposed bridge replacement project on SR 1317 Big Brush Creek Road, Yancey County, NC. We propose to replace the existing 18' single-span bridge with a 40'single-span bridge. A permanent impact to 67 linear feet of Brush Creek will be necessary for rip rap scour protection. In addition, temporary impacts to lO linear feet of Brush Creek will occur for bridge access during construction. Brush Creek is an approximately ] 0 foot wide stream with a predominately cobble and gravel substrate. Brush Creek is classified as Class C, trout. Existing channel morphology will be maintained upstream and downstream of the bridge. Riparian vegetation will be reestablished along disturbed areas associated with the project. Stormwater will be diverted through grass-lined ditches or vegetated buffers prior to entering streains. No effect on federally listed species (threatened or endangered) or their habitats will occur. As a part of the 401 Certification process, the project was processed through the DOT Programmatic Agreement for Minor Project as required by Section 106 of the National Historic Preservation Act of 1966 and GS 121-12(a). No Historic Resources will be affected. Division Thirteen Office Post Office Box 3279 Asheville, NC 28802 Phone: 828/251-6171 OfEice of the Division Engineer Fax: 828/251-6709 www.ncdot. gov/d oh/ope ra ti ons/d ivisionl3 Ms. Lori Beckwith Page —2 Bridge 235, Yancey County April 30, 2014 By copy of this letter, we request Marla Chambers, North Carolina Wildlife Resources Commission Western Region Coordinator, to comment directly to the Corps concerning the permit request. By copy of this letter, we are asking the Area Roadside Field Operations Engineer, to comment on the above project. Brush Creek is classified as C, trout. The project will not require a trout buffer variance. By copy of this letter, I am forwarding one electronic copy of the application package to Sonia Carillo, NC Division of Water Quality, Transportation Permitting Unit with cc to Kevin Barnett, NC DWQ Transportation Permitting Unit for review and comment. Please charge the application fee of $240.00 to WBS element #17BP.13.R.109. Please forward comments directly to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please contact me at (828) 251-6171. Sincerely, �� p ,�,�- Roger D. Bryan Division 13 Environmental Officer Endosures cc: J.J. Swain, Jr., P.E. Ben DeWit, CPESC Kevin Barnett Sonia Carillo Marla Chambers Eileen Fuchs Eleni Riggs �r �. � a� �,L�x3�� �� F � s � � �f?��o-3'_.'� ..?.�s���L!' �G+�A'qt'F.:.M1�Y.vtPr' TJ �4 . ` `F7 ��>�y� �� -��,c?. c L.J6UlX =. ONCe 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 X Section 404 Permit ❑ Section 10 Permit Corps: 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): X 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 For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes X No ❑ Yes X No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes X No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ❑ Yes X No below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Bridge 235, SR 1317 2b. County: Yancey 2c. Nearest municipality / town: Burnsville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 176P.13.R.109 project no: 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if N/A applicable): 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: North Carolina Department of Transportation 4b. Name: J.J. Swain, Jr., P.E., Division Engineer 4c. Business name N.C. Department of Transportation (if applicable): 4d. Street address: 55 Orange Street, P.O. Box 3279 4e. City, state, zip: Asheville, NC 28802 4f. Telephone no.: 828-251-6171 4g. Fax no.: 828-251-6394 4h. Email address: rdbrvan(a�ncdot.gov 5. AgenUConsultant Information (if applicable) 5a. Name: N/A Sb. Business name N�A (if applicable): 5c. Streetaddress: 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 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude: 35.97566° N Longitude: - 82.23064° W 1c. Propertysize: 0.1 acres 2. Surtace Waters 2a. Name of nearest body of water (stream, river, etc.) to grush Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C, Trout 2c. River basin: French Broad 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: Existing bridge on SR 1317 surrounded by low density residential area and forested land. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 100 3d. Explain the purpose of the proposed project: Replace existing 18' bridge with a single span 40' bridge at the existing location. 3e. Describe the overall project in detail, including the type of equipment to be used: A permanent impact to 67 linear feet of Brush Creek will be necessary for rip rap scour protection of the new abutments. An additional temporary impact of 10 linear feet will be necessary for access during bridge construction and demolition. The new bridge abutments are above ordinary high water. Equipment used will include excavator, crane, and trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): N/A Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for � Yes X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version Proposed impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands X Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this questi�n 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) Tem orar T W� � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ WZ � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ 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 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3 b. 3c. 3d. 3 e. 3f. 3 g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, Width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P X T Bridge Access Brush Creek X PER X Corps 10 10 ❑ INT ❑ DWQ S1 X P❑ T Rip Rap Brush Creek X PER X Corps 10 67 ❑ INT ❑ DWQ S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ SS ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 77 3i. Comments:67 feet of permanent impacts for scour protection, 10 feet of temporary impacts Page 4 of 10 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 individuall list all o en water im acts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem orar T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: Si. Expected pond surtace area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 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 an im acts re uire miti ation, then ou MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem orar T im act re uired? B1 ❑P❑T ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No 63 ❑P�T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 D. impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Replacement of bridge with longer span with less impact on stream channel. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. N/A 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 X 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 project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 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): 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. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private miligation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? N/A 2b. Does this project require a Stormwater Management Plan? X 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: The project will use BMP's to the Maximum Extent Practicable (MEP) in compliance with NCDOT's NPDES Permit No. 000250 Post Construction Stormwater Program ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? X DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local governmenYs jurisdiction is this project? N/A ❑ Phasell 3b. Which of the following locally-implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed X Other: N/A 3c. Has the approved Stormwater Management Plan with proof of approval been N/A attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that apply): ❑ Session Law 2006-246 X Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been altached? N/A 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A 5b. Have all of the 401 Unit submittal requirements been met? N/A Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes � No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 26 .0200)? 2b. Is this an after-the-fact 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. 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 9 of 10 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 Sc. 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? Field survey of the project area and evaluation of current distribution data. 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? Current Maps/Database 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? Current Maps/Database 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: Project will not impact water passage or flood zone beyond existing conditions Sc. What source(s) did you use to make the floodplain determination? Current FEMA Maps Roger D. Bryan n/1 4I30/2014 !� �� � ApplicanUAgenPs Printed Name ApplicanUAg Ys Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 ai` Y.:r" '-]R�1�1R3.J1Y� -"�:.�—Cr...tn.. `° _ .':. ���',."�v�� .���:«r �` ��rvr�� F' . — Figure 1. Bridge 990235, SR 1317, Brush Creek, Yancey County, NC. � �, �:>., INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DO NOT USE FOR CONSTRUCTION PRELIMINARY PLANS N S R S 2007 NA D 83/ STATE STATE PROJECT REFERENCE NO. STATE PROJ. NO.F. A. PROJ. NO.DESCRIPTION NO. TOTAL SHEETS N.C. SHEET 1 & CONST. P.E. ROW, UTIL., V =ADT DESIGN DATA 4 / 4 / 2 0 1 4 R : \ H y d r a u li c s \ P E R M IT S _ E n v i o r n m e n t a l\ D r a w i n g s \ 9 9 0 2 3 5 _ h y d _ t s h . d g n e r i g g s C O N T R A C T : A R T MEN N A S O H D E P T O F TRA SPORT T IO N T A TEOFN RT CAR O LI N A PROJECT LENGTH LETTING DATE: DIVISION OF HIGHWAYS PROJECT ENGINEER PROJECT DESIGN ENGINEER FOR CONTRACTOR : SIGNATURE: SIGNATURE: P.E. P.E. RIGHT OF WAY DATE: 1-888-521-4455 OR 919-878-9560 NC LICENSE NO. F-0112 RALEIGH, NORTH CAROLINA 27609 900 RIDGEFIELD DRIVE, SUITE 350 RUMMEL, KLEPPER & KAHL, LLP 30 0.069 mi 0.008 mi 0.061 mi C 2 0 3 3 1 4 TOTAL LENGTH TIP PROJECT 990235............... LENGTH STRUCTURE TIP PROJECT 990235....... LENGTH ROADWAY TIP PROJECT 990235........ 6 APRIL 16, 2013 PROFILE (HORIZONTAL) GRAPHIC SCALES PLANS PROFILE (VERTICAL) 100 100 50 0 50 50 0 50 2010010 APRIL 16, 2013 2012 STANDARD SPECIFICATIONS = = B. Keith Skinner, P.E. % DIVISION OF HIGHWAYS STATE OF NORTH CAROLINA B R I D G E 9 9 0 2 3 5 LOCATION: TYPE OF WORK: VICINITY MAP Bridge No. 990235 4 ENGINEER DESIGN ROADWAY ENGINEER HYDRAULICS BRIDGE NO. 990235 17BP.13.R.109 17 BP 13.R.109 YANCEY COUNTY MPH FUNC CLASS = LOCAL RURAL Brandon McInnis, P.E. NCDOT CONTACT: Virginia Mabry PRIORITY PROJECTS OFFICE MANAGER * TTST = 3% * DUAL = 3% AND RESURFACING GRADING, DRAINAGE, PAVING, STRUCTURES SUB REGIONAL TIER 100 VPD 2. THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. THE TOE OF SLOPE WITH NO GRUBBING. LIMITS ESTABLISHED BY METHOD II WITH CLEARING EXTENDING 5’ BEYOND 1.CLEARING AND GRUBBING ON THIS PROJECT SHALL BE PERFORMED TO THE NOTES: SR 1317 -L- STA. 11+25.00 BEGIN PROJECT -L- POT STA. 13+34.00 END BRIDGE -L- POT STA. 12+91.40 BEGIN BRIDGE -L- SR 1317 (BIG BRUSH CREEK RD) BRIDGE NO. 990235 OVER BRUSH CREEK ON CREEK RD.BIG BRUSH SR 1317 Big Brush Creek Rd. SR 1308 B rush C reek R d. S R 13 1 8 Charlie Deyton Rd. SR 1313Ridge Rd.OFFSITE DETOUR M IT C H E L L C O . Y A N C E Y C O . Brush Creek MITCHELL CO. Brush Creek TO MITCHELL CO. TO NC 80 -L- STA. 14+90.00 END PROJECT BRIDGE LENGTHENED 5 FT. TO KEEP THE WINGWALL OUT OF THE CHANNEL IN THE SOUTHWEST CORNER. DESIGN EXCEPTION NEEDED FOR BRIDGE WIDTH AND HORIZONTAL SSD. NOTES: WETLAND AND STREAM IMPACTS SHEET 1 OF 4 PERMIT DRAWING T 15" CMP 1 8 " C M P GR DRI VE SR 1317 16’ BST BIG BRUSH CREEK ROAD POSSIBLE U/G TELE 6" PVC EXISTING R/W EXISTING R/W NL EIP 6 0 . 0 0 ’ 6’ WW DB 575 PG 33 TRUE NORTH EQUITIES LLC SUSAN W SMITH DB PG UNKNOWN WOODS NICKI J FINK JOLE EUGENE W & DB PG UNKNOWN LOUIE M & DELORIS ROBERSON DB PG UNKNOWN SAMUEL JEFF GRINDSTAFF DB 367 PG 544 ELEV=2569.87’ 8.29’ RT -BL- STA 7+45.28 BM#1 WOODS HW CONCBARN 6 0. 0 0 ’ EXISTING R/W EXISTING R/W HW CONC GRDRIVE NL SURFACE WATER IMPACTS IN S S SURFACE WATER DENOTES IMPACTS IN -L- POT STA. 12+80.40 BEGIN APPROACH SLAB -L- POT STA. 13+45.00 END APPROACH SLAB 9 ’ 9 ’ 1’- 11 " 1’- 11 " F - F -L- POT STA. 13+34.00 END BRIDGE -L- POT STA. 12+91.40 BEGIN BRIDGE . 0 2 5 . 0 2 5 EXISTING BRIDGE REMOVE 2 1 ’- 10 " STA. 13+42.50 END SBG E XI S T 0 6 0 4 0 6 0 5 0 4 0 3 0 2 0 1 0 0 0 1 0 2 0 2 0 2 0 1 0 0 0 1 0 4 0 2 0 3 0 2 E XI S T 0 2 5 0 2 5 0 40 3 0 2 5 0 2 0 2 0 2 5 0 2 5 0 2 5 PLANS PREPARED BY : 900 RIDGEFIELD DRIVE SUITE 350 RALEIGH, NORTH CAROLINA 27609-3960 RUMMEL, KLEPPER & KAHL, LLP NC LICENSE NO. F-0112 (919) 878-9560 8 / 1 7 / 9 9 4 / 7 / 2 0 1 4 R : \ H y d r a u l i c s \ P E R M I T S _ E n v i o r n m e n t a l \ D r a w i n g s \ 9 9 0 2 3 5 _ h y d _ p e r _ w e t _ 0 2 . d g n e r i g g s ENGINEER ROADWAY DESIGN R/W SHEET NO. ENGINEER HYDRAULICS SHEET NO.PROJECT REFERENCE NO. NAD 83 (N SR S 2007) 16+0015+0014+0013+0012+0011+00 4 17+00 -L- 990235 10+00 2,590 2,580 2,570 2,560 2,550 2,590 2,580 2,570 2,560 2,550 DIV13B - BRIDGE 990235 - YANCEY COUNTY SKETCH SHOWING ROADWAY IN RELATION TO PROPOSED STRUCTURE TYPE-III TYPE-III TYPE-IIISHOP CURVED TYPE-III AT-1 TYPE TL-2 GRAU 350 TYPE TL-2 GRAU 350 TYPE TL-2 GRAU 350 -L- STA. 14+50.00 TO STA. 14+90.00 -L- STA. 11+25.00 TO STA. 11+50.00 MILLING LIMITS: RR SPIKE IN 10" CHERRY TREE -L- STA. 13+20.58 (17.53’ RT) BM#1 EL. = 2569.87’ 2576.4’ 25-YR2577.3’ 100-YR OUT OF THE CHANNEL IN THE SOUTHWEST CORNER. BRIDGE LENGTHENED 5 FT. TO KEEP THE WINGWALL DESIGN EXCEPTION NEEDED FOR BRIDGE WIDTH AND HORIZONTAL SSD. NOTE: MCF OUTLET DATA DRAINAGE AREA Q10 V10 0.04 ac 0.2 cfs 5.1 ft/s Length STREAM IMPACTS Permanent Temporary Type DescriptionArea 529 sf 61 sf 67 ft. 10 ft. NOTES: WITH NO GRUBBING. WITH CLEARING EXTENDING 5’ BEYOND THE TOE OF SLOPE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD II 3. CLEARING AND GRUBBING ON THIS PROJECT SHALL BE 2. PROPOSED BRIDGE SHALL HAVE NO DECK DRAINS. BASIN, WHICH HAS NO BUFFER ZONES AT THIS LOCATION. 1. BRUSH CREEK IS IN THE FRENCH BROAD RIVER 21" CORED SLAB UNITS PROPOSED BRIDGE DIMENSIONS - 1@40’-0", 60 DEG. SKEW; TIMBER FLOOR ON TIMBER JOISTS EXISTING BRIDGE DIMENSIONS - 1@18’-6", 45 DEG. SKEW; END OF APPROACH SLAB TO -L- STA. 13+42.50 LT SHOULDER BERM GUTTER: SHEET 2 OF 4 PERMIT DRAWING 1"=50’ SCALE and Remove Existing Abutment Work Area to Install Rip Rap and Remove Existing Abutment Install Rip Rap Scour Protection of the existing abutmet along the stream. along the proposed end bent and removal For installation of rip rap scour protection abutment along the stream. scour protection and remove the existing For construction access to install rip rap CABLES IN-PLACE SPLICE TELEPHONE TO REMOVE PED AND FRONTIER TELEPHONE 1 5 2569.6’ NWS DS = 39 mph DS = 40 mph ELEV. = 2,581.37’ -L- STA. 11+25.00 BEGIN GRADE PI = 11+65.00 EL = 2,579.50’ (-) 4 .6700 % VC = 70’ K = 64 PI = 12+35.00 EL = 2,577.00’ ( - )3 .5755 % VC = 70’ K = 172 PI = 13+95.00 EL = 2,570.63’ (-) 3 .9825 % (-) 5. 6416 % VC = 70’ K = 42 PI = 14+60.00 EL = 2,566.96’ (-) 5.3 0 0 0%DS = 62 mph DS = 68 mph VC = 60’ ELEV. = 2,565.37’ -L- STA 14+90.00 END GRADE K = 176 -L- STA. 12+91.40 BEGIN BRIDGE (- )3 .9825 % -L- STA. 13+34.00 END BRIDGE BRIDGE HYDRAULIC DATA 100 YEAR FREQUENCY = 2 = 100 YRS = 2571.3 = 2575.0 = 10+ STR #990235 Sta. 13+12.70 -L- DESIGN FREQUENCY DESIGN DISCHARGE DESIGN HW ELEVATION 100 YEAR DISCHARGE 100 YEAR HW ELEVATION OVERTOPPING FREQUENCY OVERTOPPING ELEVATION OVERTOPPING DISCHARGE YRS CFS FT CFS FT YRS CFS FT = 130 = 650 = 2577.09 = 420 NORMAL WATER SURFACE ELEV = 2569.6 FT NWS SURVEY 9/3/2013 F C C F F F F F F F 87 15" REMOVE R E T AI N MCF 5 SY GEO FAB RIP RAP W/ 1 TON CL B 5 SY GEO FAB RIP RAP W/ 1 TON CL B 0401 0402 15" CMP F F F MCF IN SURFACE WATER TEMPORARY IMPACTS TS TS IMPACTS IN SURFACE WATER DENOTES TEMPORARY BRUSH CREEK 2555 25 6 0 2560 2560 2565 25652565 2565 2570 2570 257025 7 0 25 7 0 2575 2575 257 5 25 75 2575 2580 2580 25802580 2580 2 5 8 0 2580 2585 2585 2585 25852585 2 5 8 5 2 5 8 5 25 8 5 2590 2590 2590 25 90 25 9 0 25902595 2595 2595 2595 26 0 0 2600 2600 2600 2605 2605 2610 T 15" CMP 1 8 " C M P GR DRI VE SR 1317 16’ BST BIG BRUSH CREEK ROAD POSSIBLE U/G TELE 6" PVC EXISTING R/W EXISTING R/W NL EIP 6 0 . 0 0 ’ 6’ WW DB 575 PG 33 TRUE NORTH EQUITIES LLC SUSAN W SMITH DB PG UNKNOWN WOODS NICKI J FINK JOLE EUGENE W & DB PG UNKNOWN LOUIE M & DELORIS ROBERSON DB PG UNKNOWN SAMUEL JEFF GRINDSTAFF DB 367 PG 544 ELEV=2569.87’ 8.29’ RT -BL- STA 7+45.28 BM#1 WOODS HW CONCBARN 6 0. 0 0 ’ EXISTING R/W EXISTING R/W HW CONC GRDRIVE NL SURFACE WATER IMPACTS IN S S SURFACE WATER DENOTES IMPACTS IN 25702575 -L- POT STA. 12+80.40 BEGIN APPROACH SLAB -L- POT STA. 13+45.00 END APPROACH SLAB 9 ’ 9 ’ 1’- 11 " 1’- 11 " F - F -L- POT STA. 13+34.00 END BRIDGE -L- POT STA. 12+91.40 BEGIN BRIDGE . 0 2 5 . 0 2 5 EXISTING BRIDGE REMOVE 2 1 ’- 10 " STA. 13+42.50 END SBG E XI S T 0 6 0 4 0 6 0 5 0 4 0 3 0 2 0 1 0 0 0 1 0 2 0 2 0 2 0 1 0 0 0 1 0 4 0 2 0 3 0 2 E XI S T 0 2 5 0 2 5 0 40 3 0 2 5 0 2 0 2 0 2 5 0 2 5 0 2 5 PLANS PREPARED BY : 900 RIDGEFIELD DRIVE SUITE 350 RALEIGH, NORTH CAROLINA 27609-3960 RUMMEL, KLEPPER & KAHL, LLP NC LICENSE NO. F-0112 (919) 878-9560 8 / 1 7 / 9 9 4 / 7 / 2 0 1 4 R : \ H y d r a u l i c s \ P E R M I T S _ E n v i o r n m e n t a l \ D r a w i n g s \ 9 9 0 2 3 5 _ h y d _ p e r _ c o n _ 0 3 . d g n e r i g g s ENGINEER ROADWAY DESIGN R/W SHEET NO. ENGINEER HYDRAULICS SHEET NO.PROJECT REFERENCE NO. NAD 83 (N SR S 2007) 16+0015+0014+0013+0012+0011+00 4 17+00 -L- 990235 10+00 2,590 2,580 2,570 2,560 2,550 2,590 2,580 2,570 2,560 2,550 DIV13B - BRIDGE 990235 - YANCEY COUNTY SKETCH SHOWING ROADWAY IN RELATION TO PROPOSED STRUCTURE TYPE-III TYPE-III TYPE-IIISHOP CURVED TYPE-III AT-1 TYPE TL-2 GRAU 350 TYPE TL-2 GRAU 350 TYPE TL-2 GRAU 350 -L- STA. 14+50.00 TO STA. 14+90.00 -L- STA. 11+25.00 TO STA. 11+50.00 MILLING LIMITS: RR SPIKE IN 10" CHERRY TREE -L- STA. 13+20.58 (17.53’ RT) BM#1 EL. = 2569.87’ 2576.4’ 25-YR2577.3’ 100-YR OUT OF THE CHANNEL IN THE SOUTHWEST CORNER. BRIDGE LENGTHENED 5 FT. TO KEEP THE WINGWALL DESIGN EXCEPTION NEEDED FOR BRIDGE WIDTH AND HORIZONTAL SSD. NOTE: MCF OUTLET DATA DRAINAGE AREA Q10 V10 0.04 ac 0.2 cfs 5.1 ft/s Length STREAM IMPACTS Permanent Temporary Type DescriptionArea 529 sf 61 sf 67 ft. 10 ft. NOTES: WITH NO GRUBBING. WITH CLEARING EXTENDING 5’ BEYOND THE TOE OF SLOPE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD II 3. CLEARING AND GRUBBING ON THIS PROJECT SHALL BE 2. PROPOSED BRIDGE SHALL HAVE NO DECK DRAINS. BASIN, WHICH HAS NO BUFFER ZONES AT THIS LOCATION. 1. BRUSH CREEK IS IN THE FRENCH BROAD RIVER 21" CORED SLAB UNITS PROPOSED BRIDGE DIMENSIONS - 1@40’-0", 60 DEG. SKEW; TIMBER FLOOR ON TIMBER JOISTS EXISTING BRIDGE DIMENSIONS - 1@18’-6", 45 DEG. SKEW; END OF APPROACH SLAB TO -L- STA. 13+42.50 LT SHOULDER BERM GUTTER: SHEET 3 OF 4 PERMIT DRAWING 1"=50’ SCALE and Remove Existing Abutment Work Area to Install Rip Rap and Remove Existing Abutment Install Rip Rap Scour Protection of the existing abutmet along the stream. along the proposed end bent and removal For installation of rip rap scour protection abutment along the stream. scour protection and remove the existing For construction access to install rip rap CABLES IN-PLACE SPLICE TELEPHONE TO REMOVE PED AND FRONTIER TELEPHONE 1 5 2569.6’ NWS DS = 39 mph DS = 40 mph ELEV. = 2,581.37’ -L- STA. 11+25.00 BEGIN GRADE PI = 11+65.00 EL = 2,579.50’ (-) 4 .6700 % VC = 70’ K = 64 PI = 12+35.00 EL = 2,577.00’ ( - )3 .5755 % VC = 70’ K = 172 PI = 13+95.00 EL = 2,570.63’ (-) 3 .9825 % (-) 5. 6416 % VC = 70’ K = 42 PI = 14+60.00 EL = 2,566.96’ (-) 5.3 0 0 0%DS = 62 mph DS = 68 mph VC = 60’ ELEV. = 2,565.37’ -L- STA 14+90.00 END GRADE K = 176 -L- STA. 12+91.40 BEGIN BRIDGE (- )3 .9825 % -L- STA. 13+34.00 END BRIDGE BRIDGE HYDRAULIC DATA 100 YEAR FREQUENCY = 2 = 100 YRS = 2571.3 = 2575.0 = 10+ STR #990235 Sta. 13+12.70 -L- DESIGN FREQUENCY DESIGN DISCHARGE DESIGN HW ELEVATION 100 YEAR DISCHARGE 100 YEAR HW ELEVATION OVERTOPPING FREQUENCY OVERTOPPING ELEVATION OVERTOPPING DISCHARGE YRS CFS FT CFS FT YRS CFS FT = 130 = 650 = 2577.09 = 420 NORMAL WATER SURFACE ELEV = 2569.6 FT NWS SURVEY 9/3/2013 F C C F F F F F F F 87 15" REMOVE R E T AI N MCF 5 SY GEO FAB RIP RAP W/ 1 TON CL B 5 SY GEO FAB RIP RAP W/ 1 TON CL B 0401 0402 15" CMP F F F MCF IN SURFACE WATER TEMPORARY IMPACTS TS TS IMPACTS IN SURFACE WATER DENOTES TEMPORARY BRUSH CREEK Ha n d Ex i s t i n g E x i s t i n g Pe r m a n e n t T e m p . E x c a v a t i o n M e c h a n i z e d C l e a r i n g P e r m a n e n t T e m p . C h a n n e l C h a n n e l N a t u r a l Si t e S t a t i o n S t r u c t u r e F i l l I n F i l l I n i n C l e a r i n g i n S W S W I m p a c t s I m p a c t s S t r e a m No . ( F r o m / T o ) S i z e / T y p e W e t l a n d s W e t l a n d s W e t l a n d s i n W e t l a n d s W e t l a n d s i m p a c t s i m p a c t s P e r m a n e n t T e m p . D e s i g n (a c ) ( a c ) ( a c ) ( a c ) ( a c ) ( a c ) ( a c ) ( f t ) ( f t ) ( f t ) 12 + 8 1 t o 1 3 + 3 6 B r i d g e 0. 0 1 6 7 12 + 7 6 t o 1 3 + 3 8 C o n s t r u c t i o n <0 . 0 1 1 0 TO T A L S : 0. 0 1 < 0 . 0 1 6 7 1 0 Pe r m a n e n t s u r f a c e w a t e r i m p a c t s d u e t o t h e i n s t a l l a t i o n o f r i p r a p s c o u r p r o t e c t i o n a l o n g t h e p r o p o s e d e n d b e n t s a n d t h e r e m o v a l o f t h e e x i s t i n g a b u t m e n t a l o n g t h e s t r e a m . Te m p o r a r y s u r f a c e w a t e r i m p a c t s i n c l u d e c o n s t r u c t i o n a c c e s s t o i n s t a l l r i p r a p s c o u r p r o t e c t i o n a n d r e m o v e t h e e x i s t i n g a b u t m e n t a l o n g t h e s t r e a m . AT N R e v i s e d 3 / 3 1 / 0 5 2/6/2014 YA N C E Y C O U N T Y NC D E P A R T M E N T O F T R A N S P O R T A T I O N DI V I S I O N O F H I G H W A Y S WB S - 1 7 B P . 1 3 . R . 1 0 9 ( 9 9 0 2 3 5 ) W E T L A N D P E R M I T I M P A C T S U M M A R Y SU R F A C E W A T E R I M P A C T S WE T L A N D I M P A C T S SH E E T 4 o f 4 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Yancey City: Burnsville Center coordinates of site (lat/long in degree decimal format): Lat. 35.97566° N, Long. -82.23064° W. Universal Transverse Mercator: Name of nearest waterbody: Brush Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): April 28, 2014 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no “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] 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 co mmerce. 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 CFR part 328) 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): 1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of 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: 100 linear feet: 10 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): . 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: . 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 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). 3 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.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: . 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 an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the ex istence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (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 Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: . Identify flow route to TNW5: . Tributary stream order, if known: . 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional featur es generally and in the arid West. 5 Flow route can be described by identifying, e.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: Pick List. 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: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: 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: Pick List. Explain findings: . Dye (or other) test performed: . Tributary has (check all that apply): Bed and banks OHWM6 (check all indicators that apply): clear, natural line impressed on the bank the presence of litter and debris changes in the character of soil destruction of terrestrial vegetation shelving the presence of wrack line vegetation matted down, bent, or absent sediment sorting leaf litter disturbed or washed away scour sediment deposition multiple observed or predicted flow events water staining abrupt change in plant community other (list): Discontinuous OHWM.7 Explain: . If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: Mean High Water Mark indicated by: oil or scum line along shore objects survey to available datum; fine shell or debris deposits (foreshore) physical markings; physical markings/characteristics vegetation lines/changes in vegetation types. tidal gauges other (list): (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 OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. (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 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: Pick List. Explain: . Surface flow is: Pick List Characteristics: . Subsurface flow: Pick 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 TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick 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 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? (Y/N) Size (in acres) Directly abuts? (Y/N) 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 per formed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological in tegrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of i ts adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. bet ween 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 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 functions 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 c arbon that support downstream foodwebs?  Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, o r biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: . 2. 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: . 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 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. 2. 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: Brush Creek has prominent bed/bank features, fish, and aquatic insects. Tributaries of TNW where tributaries have continuous flow “seasonally” (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rat ionale indicating that tributary flows seasonally: . Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 100 linear feet 10 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: . 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: . 4. 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 RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: . Wetlands directly abutting an RPW where tributaries typically flow “seasonally.” Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: . Provide acreage estimates for jurisdictional wetlands in the review area: acres. 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, have a 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. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 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-STATE] 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. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: . Other factors. Explain: . Identify water body and summarize rationale supporting determination: . 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. 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 APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engine ers 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 be st professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: . Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” stand ard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). 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/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:1:24000, Micaville Quadrangle. USDA Natural Resources Conservation Service Soil Survey. Citation: . National wetlands inventory map(s). Cite name: . State/Local wetland inventory map(s): . FEMA/FIRM maps:NC Floodplain Mapping Program. 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date): . or Other (Name & Date):Stream photos in NWP Application, April 30, 2014. 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: .