Loading...
HomeMy WebLinkAbout20140489 Ver 1_Application_20140519Corps Submittal Cover Sheet Please provide the following info: 1, Project Name Bridge 261 on SR 1597 2. Name of Property Owner/Applicant: NC Department of Transportation 3. Name of Consultant/Agent: N/A *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: N/A 7. City: 8. County: Henderson 9. Lat: 35,477660 N —Long: 82.353080 W (Approx Project Center) 10. Quadrangle Name: Bat Cave (35082-D3-TF-024) 11. Waterway: Hickory Creek (C Tr),, ......... . .. 12. Watershed:— Broad River 11 Requested Action: X Nationwide Permit # 14 General Permit H 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: Sectioii 10 Section 404 Project Description/ Nature of Activity/ Project PLUPOSe: Site/Waters Name: Keywords: STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PAT MCCRORY GONTRNOR May 19,2014 Mr. 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 NcDOT Subject: Nationwide 14 Pennit Application Replace Bridge No. 261 on SR 1597 (Little Bearwallow Road) over Hickory Creak Henderson County, North Carolina WBS Element No. 17BP.14.R.18 (DWQ Minor Permit Fee $240.00) Dear Ms. Beckwith: The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject bridge. The existing timber floor on tiniberjoist Structure needs to be replaced due to deterioration and insufficient width. The proposed replacement Structure will be a 55' L x 22'W x G' -11" H structural plate arch (bottomless Conspati) on a 70 degree skew. The bridge will be closed for the duration of the project because a short offsite detour route exists. Enclosed is a PCN application, a Rapanos Jurisdictional Determination Form, EEP Mitigation acceptance letter, plans sliects, a vicinity map, a USGS topographical map and photographs. EEP mitigation will not be required for this pi-oiect due to the installation of a bottoniless structural plate arch (Conspan) structure. The North Carolina Natural Heritage Program lists 35 species with federal status for Henderson County that are known fi-om current records or were known to occur in the county historically. One species, white fringeless orchid (Plolowhei•ci integ•ilcibia) is a candidate species and is knowti fi-oni historical records, The bog turtle (Glypeiprys muldenbergii) is listed as threatened due to similarity of appearance with the northern bog turtle. Seven species, Carolina northern flying squirrel (Glcntcom)�s sabrinits coloiwlus), Appalachian elktoe (Alcismiclonla rai,enelicinq), swarnp pink (Helonias bullcita), small whorled pogonia (Isoli-ict inecleoloicles), bunclied arrowhead (Scigillai-ici.f(iscicitl,-ita), mountain sweet pitcher plant (Sarraceniajonesii) and white irisette (Sisjrinchiunt (lichotonnim) are listed as threatened or endangered. The small whorl pogonia is known from historical records. Fourleenth Division Offic,e IQIQ IZQI' I I'l I ltl-l-- 0-4 Q-1- M-1, Bridge No. 261 — Henderson County Page 2 May 16, 20114 There are no federally threatened and endangered species records listed in the North Carolina Natural Heritage Database for the Hickory Creek watershed. None of the above listed species have records in the database within a five mile radius of the project. Mountain sweet pitcher plant and swanip pink are associated with wetlands. Bunched arrowhead is considered a submerged aquatic plant that is associated with very low flow seepage areas. Wetlands and seeps are lacking at the bridge site. White irisette habitat is found on mid - elevation slopes with open dry to mid-moisture oak hickory forest. The habitat is typically on rocky steep terrain with shallow soils. The habitat at the bridge site has been highly disturbed by the bridge, road, and driveways. The soil at the project site is acidic and white irisette is associated with basic soils. Small whorled pogonia habitat is considered variable in North Carolina. Typically, it OCCLIFS in open, dry, deciduous woods with acid soil. However, it is also known to occur in a variety of habitats in North Carolina, including on slopes along streams. It is also known to occur ill rich, mesic forest in association with white pine and rhododendron. The area to be affected is highly disturbed and much of the area in vicinity of the project is maintained grass. Habitat at the site is not characteristic of the small whorled pogonia. Hickory Creek is not of sufficient size to support the Appalachian elktoe. Additionally, there are no records for the species within the Broad River basin. Due to the limited scope of this project and the proposed BMPs, the potential for adverse impacts to downstream aquatic habitat should be minimal. Terrestrial habitat does not appear to be characteristic of any of the listed terrestrial species and has been highly disturbed in the vicinity of the project. There were no threatened or endangered species observed during the field scoping process. For these reasons and those discussed above, we recommend a determination of "no effect" for threatened and endangered species. This project was reviewed for cultural resources by the NCDoT's Human Environment Unit in 2012. It was determined that no survey was required for archaeology. A survey was performed for historic architecture with a determination of no effect (see attached forms). The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion controls are being effectively controlled. If the devices are not functioning as intended, they will be replaced immediately with better devices. Impacts to Waters of the United States Hickory Creek (DWR Class: C Tr) is shown oil the USGS topographic map as a perennial stream. The channel is well defined with a substrate of cobble, grave, sand/silt and is approximately 9 feet in width. The stream has sufficient flow to support fish and other aquatic life. Hickory Creek flows approximately 4.5 miles to the Broad River. The Broad River meets the definition of a Traditional Navigable Water. For these reasons, we believe Hickory Creek is a Relatively Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States in the Bridge No. 261 — Henderson Count), Page 3 May 16, 2014 Broad River Basin (HUC 03050105). Specifically, NCDOT is requesting to replace Bridge No. 261 with a bottornless structural plate arch (Conspan). Listed below is a summary of the proposed impacts. Site No. Existing Condition Proposed Condition Net Impacts Site 1 18' W x 20'L 55'L x 22'W x 6' -11" 1.-1 01 Timber Bridge Structural Plate Arch (Conspan) Site 2 Free Flowing Stream Slope Streambanks and Rip-Rap 29' Existing Strearnbanks Batik Stabilization Site 2A Free Flowing Stream Slope Streambanks and Rip-Rap 21' Existing Streambanks Bank Stabilization Site 3 Free Flowing Stream 1 Impervious Dike and Flow Diversion 1 140' Total Permanent Stream Impact for Bridge Replacement - Conspan 05 Total Permanent Stream Impact for Bank Stabilization 50' Total Temporary Stream Impacts for Impervious Dike and Flow Diversion 1405 Permits Requested NCDOT is hereby requesting authorization tinder 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 coniment directly to you concerning the 404 Nationwide Permit request. I am also requesting authorization tinder 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 comment directly to ine concerning this permit request. If you have any questions or need additional information, please contact me at (828) 586-2141 or Mr. Josh Deyton, PE, at (828) 488 -2131. Your early review and consideration will be greatly appreciated. Sincerely, Mark S. Davis Division 14 Environmental Program Supervisor Enclosures Bridge No. 261 — Henderson COLInty Page 4 May 16, 2014 cc: Ms. Amy Chapman, Division of Water Resources, DENR, Raleigh Mr. Kevin Barnett, Division of Water Resources, D,ENR, Asheville Mr. Jason Mays, Biologist, US Fish and Wildlife Service, Asheville Ms. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle Mr. Joshua B. Deyton, PE, Division 14 Bridge Management Engineer, NCDOT Mr. Ben DeWit, Roadside Environmental Field Operations Engineer, NCDOT Office Use Only: Corps action ID no, DWQ project no. Form Version 1.3 Dec 10 2008 Page I of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre-Construction Notification (PCN) Form A. Applicant hifoi-nation 1. Processing 1 a. Type(s) of approval sought from the Corps: 0 Section 404 Permit El Section 10 Permit 1b., Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c, Has the NWP or GP number been verified by the Corps? [E] Ye ED No 1 d. Type(s) of approval sought from the DWQ (check all that apply); 0 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit 0:: 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization I e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification, ❑ Yes 0 No For the record only for Corps Permit: ❑ Yes 0 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 01 No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes 0 No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? E)Yes No 2. Project Information 2a. Name of project: Replace Bridge No, 261 on SR 1597 (Little Bearwallow Road) over Hickory Greek 2b, County: Henderson 2c. Nearest municipality / town: Bat Cave 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or State Project No: =17BP.14.R.18 3. Owner Information 3a, Name(s) on Recorded Deed., North Carolina Department of Transportation 3b. Deed Book and Page No. NA 3c. Responsible Party (for LLC if applicable): Mark S. Davis, Division 14 Environmental Supervisor 3d. Street address: 253 Webster Rd. 3e. City, state, zip: Sylva, NC 28779 3f. Telephone no.: 828.586.2141 39. Fax no.: 828.586.4043 3h, Email address: markdavis@ncdot.gov Page I of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (If different from owner) 4a. Applicant is: El Agent [:1 Other, specify: 4b. Name: N/A 4c. Business name (if applicable): N/A 4d. Street address: N/A 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. Emafl address: N/A Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN' or parcel 113): N/A 1 b. Site coordinates (in decimal degrees): Latitude: 35.47766 Longitude: -082.35308 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: NA acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Hickory Creek proposed project: 2b. Water Quality Classification of nearest receiving water: DWR Class: C Tr 2c, River basin: Broad (HUC 03050105) 1 Project Description 3a. Describe the existing conditions on the site and! the general land use in the vicinity of the project at the time of this application: The overall landscape is forested. The imr"nediate vicinity of the bridge is primarily grassed areas with a few trees along the stream and a small forested area to the west. The general land use includes single family residences and agriculture. 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: To replace a structurally deficient, obsolete timber bridge with a bottomless structural plate arch (Conspan) on existing location. 3e. Describe the overall project in detail, including the type of equipment to be used,: The traffic will be detoured. The erosion and sedimentation control measures will be installed. The impervious dike and diversion will be installed as needed to divert flow around the work area. The old bridge deck and abutments will be removed and the new structural plate arch will be installed. The road will be reconstructed and repaved. Track hoes, dump trucks, bulldozers, graders, small crane, paving equipment, water pumps, diversion pipe, and various hand tools will be used to accomplish the work. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State, been requested or obtained for this property El Yes ED No El Unknown project (including all prior phases) in the past? Comments: N/A 4b, If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? AgencylConsultant Company: N/A Name (if known): N/A Other: NIA 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation, N/A 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes 0 No ❑ unknown this project (including all prior phases) in the past? 5,b. If yes, explain, in detail according to "help file" instructions. N'/A Page 3, of 11 PCN Form -- Version, 1.3 December 10, 2006 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes No 6b, If yes, explain. NIA C. Proposed Impacts Inventory 1, Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): El Wetlands [9 Streams - tributaries Q Buffers [:1 O)pen Waters ❑ Pond Construction Page 4 of 11 PCN Form -- Version 1.3, December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. I 2b. 2c. 2d. 2e. 2f. Welland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary (T) W1 ❑ P ❑ T N/A N/A ❑ Yes El No ❑ Corps ❑ DWQ NIA W2 ❑ PEI T ❑ Yes ❑ Corps ❑ No [:] DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps [-] No ❑ DWQ W4 ❑ P❑ T El Yes [:1 Corps [:] No El DWQ W5 ❑ P [:IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 EI!PFIT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland Impacts NI/A 2h. Comments: N/A 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3,b, 3c. 3d. 3e, 3f. 3g. Stream impact Type of impact Stream name Perennial Type Of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 0 P [--] T Bridge Replacement Hickory Creek PER Corps 9 0 Plate arch - Conspan ❑ INT DWQ S2 0 P ❑ T Bank Stabilization Hickory Creek PER Corps 9 21 (upstream) INT DWQ S2A 0 P [JT Bank Stabilization Hickory Creek PER Corps 9 29 (downstream) ❑ NT 0 DWQ S3 El P' 0 T Impervious Dike & Hickory Creek Z PER 0 Corps 9 140 Flow Diversion [:1 INT M DWQ S4 [:1 P, ❑ T PER ❑ Corps ❑ IINT ❑ DWQ S5 nP,nT PER ❑ Corps ❑ I'NT ❑ DWQ 3h, Total Permanent Stream and Tributary Impacts — Conspan 01 Total Permanent Stream Impact for Hank Stabilization so, Total Temporary Stream Impacts for Impervious Dike and Flow Diversion 1401 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. Open water impact number — Permanent (P) or Temporary (T) 4b, Name of waterb,ody (if applicable) 4c, Type of impact 4d. Waterbody type 4e, Area of impact (acres) 01 [] PEI T N/A N/A N/A N/A 02 EIPEIT 03 El P [:1 T 04 nP❑T 4f. Total open water impacts N/A 4g. Comments: N/A 5. Pond or Lake Construction If and or lake construction proposed, then com plete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c, Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 N/A N/A N/A N/A N/A N/A N/A N/A P2 5f. Total 5g. Comments: N/A 5h. Is a dam high hazard permit required? F1 Yes El No If yes, permit ID no: N/A 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 DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Eli Neu:se ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? Eli Catawba El Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for Stream name mitigation (square feet) (square feet) or Temporary impact required? (T) B1 ❑ P ❑ T N/A N/A ❑ Yes ❑ No NI/A NIA B2 ❑P ❑T El Yes [J No B3 ❑P ❑T El Yes ❑ No 6h, Total buffer impacts NIA N/A 6i. Comments: N/A 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. A structural plate arch, will be used. This bottomless structure will allow a natural and coarse stream bed under the crossing, and thereby facilitate fish and aquatic life passage. Stabilized floodplain benches upstream and downstream of the structure should maintain a stable channel width/d'epth and thereby facilitate fish passage, particularly during low flow conditions. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impervious dikes and flow diversions will be used to provide a "dry" work area to minimize sedimentation to downstream aquatic resources. Effective erosion: controls will be used and maintained during construction, 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 ED 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 E] Mitigation bank 2c. If yes, which mitigation option will be used for this project? El Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name, of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) I Type N/A 7 Quantity N!/A Page 7 of 11 PCN Form — 'Version 1.3 December 10, 2008 Version 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes - However mitigation is not required due to the installation of a bottomless structure (Conspan) 4b. Stream mitigation requested: N/A linear feet 4c. If using stream mitigation, stream temperature: ❑ warm 0 cool Elcold 4d'. Buffer mitigation requested (DWQ only): N'/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: N/A S. Complete if Using a Permittee Responsible Mitigation Plan, 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. NIA 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 M No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required, Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone I N/A N/A 3 (2 for Catawba) N/A 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 Ia. Does the project include or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? Ib. If yes, then, is a diffuse flow plan included? If no, explain why, 0 Yes No Comments: NA 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 Storrnwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Project is covered by individual NPDES Permit No. NCS00025,0. ❑ Certified Local Government 2e. Who wilill 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 [I Phase 11 3b. Which of the following locally-implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review El coastal counties ❑ H'QW 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 attached? ❑ Yes ❑ No 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, 2003 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state /local) funds or the 0 Yes El No use of public (federallstate) 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 0 No (North Carolina) Environmental Policy Act (NEPAISEPA)? 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 letter.) 0 Yes El No Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes 0 No or Riparian, Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes N 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 for the replacernent of an existing obsolete bridge on a rural secondary road. The road is not being upgraded. Therefore, the project would not be expected to result in any siginificant secondary or cumulative impact. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or El Yes No habitat? 5L Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. I N 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 onsite field scoping, meeting. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish ha s No 6b. What data sources did you use to determine whether your site Would impact Essential Fish Habitat? N/A - There are no marine or estuarine habitats in the Blue Ridge Physiographic Province. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation r_1 Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeolog:y)? 7b. What data sources did YOU Use to determine whether your site would impact historic or archeological resources? The project was reviewed by the NGDOT Human Environment in 2012. Based on the review and/or surveys, it was determined that the project would have no effect on historic or archeological resources (see attached: forms). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 1 00-year flloodplain? —10 —yes El No 8b. If yes, explain how project meets FEMA requirements: The project design was coordinated with FEMA by NCDOT Hydraulics Section 8c. What source(s) did you use to make the floodpiain determination? NC Floodplain Mapping Program Mark S. Davis Divisioii 14 Erivirotunejital Supervisor /Applicant/Agent'� Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page I I of 1' 1 PCN Form –Version 1.8 December 10, 2008 Version PROGRAM August 13, 2013 RECEIVEU AUG 15 1.013 Mr. Mark S. Davis pi NCDOT Division 14 Environmental Supervisor North Carolina Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Davis: Subject: EEP Mitigation Acceptance Letter: Division 14 Project, Replace Bridge 261 over Hickory Creek on SR 1597, Henderson County; WBS Element 17BP. 14.R. 18 The purpose of this letter is to notify you that tile Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the subject prcLiect. Based oil the information received on August 8, 2013, the impacts are located in CU 03050105 of file Broad River basin in the Southern Mountains (SM) Eco-Region, and are as follows: Broad Stream Wetlands Buffer (Sq. Ft.) 03050105 Sm Cold Cool Warill Riparian Riparia n —Constal Marsh — Zone I Zone 2 Impacts (feet/acres) 55.0 0 0 0 0 0 0 0 This impact and associated mitigation need were under projected by the NCDOT in the 2013 impact data. EEP will commit to implement sufficient compensatory stream mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies rising the delivery timeline listed in Section F.3.0.iii of tile N.C. Department of Envirorrment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee instrument dated July 28, 2010. If the above referenced impact amounts are revised, tile" this ',litigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707- 8420. Sincerely, James B. Stanfill V, EEP Asset Manacirient Supervisor cc: M& Lori Beckwith, USAGE — Asheville Regulatory Field Office Ms. Arny Euliss, Division of Water Quality, Winston-Salem Office Mr. Josh Deyton, P.E, NCDOT — Division 14 Bridge Program Engineer Ms. Linda Fitzpatrick, NCDOT— PDEA File: SR 1.597 — Bridge 261 — Division 14 North Carolina Ecosystem Enhancement Program, 1652 Nlail Service Center, Raleigh, NC 27699-1652 / 919-707- 8976 / http:gportal.ncdenr,org/e�ieb/eep H 4.1 Z. lz b Z- 04 u- 0 w D W C) Cr uj 411 Ld "I'll L -IT r--) w i- LU U, �- 0 U LLJ W Cr 7F < z z U- LU LU C) U, N z 0 ALd LU U U- PQ ce S - <— 0 � Ln A CL A. o ce z w R 03 W ui uj I LO V) U CL tic!, n C, 'n C) CL w Ln lvlj9 o U 74 0 0 -01 1�8 C� V tu I, uj Aw LL L 0 Ln w 0 Fes- F W LL I, Z "D Q. 0, '< 01 "13 tu il WI u ¢ -a < — in C) En Cr) U, if ILI a. to: rn SS 12 A G z44 boo ac 12 oz:57 < 9 7 v! dMTMOO u o z of r II z 10 o Z' iA CN QZ u t: r II z 10 o Z' iA CN QZ u V- CD 04 0 M C: 0 E 0 e > m > 0 "a/ƒ ®(# 0 c oz z cli l \E\ 04 X 2z± m 0 r- C 0 c') u w 0- 0 0 Mm N ol99T9'GE N 40005"GE N oEEE78E'Sc- N ol999Z!'SE N cOOOST'SE N c-ESECO"GE N * UE U t S'k N oU0001i'SE N ol999t, 7 N6 7 I I C%I' .1 c ol .0 Z' E0 > C N > Ql� 0 :3 C\j 0 /\ :3 0/* C, 0 z z (R\ 04 m It ƒk/LL o (\/ /}/ 0 CL .F M C3 ce) LO Cl? CL/ ®2/ Z Q) L. 0 O)oL. 0 0 Lf) rL Cl) 0 Nr LO CC) N oEEEES'SF N oOOOOS'SE N 2999V7 N oZECC17"7 l aw � - ■ � .. y } � ,r ■ £ � \ { y. . « / ! � � c O V- (0 C\j $ � � 'c � \o ? \ \ I 2 IE .r. CD N 6 a z C) E0 > C: a) /R® 0 D CN im U-) 0) E2 -F! 0/\ ca 6z z ■ cq �r C) r- x cu U- 6 § co: zft E0 (D > M C: L) > C,4 0 0 Lo 0 0 C: Z z 0) 0 o Lu x m LL § C*4 6 o oc Fft a) 20 0 u 04 0 2 > 0 D r� W 0) CD 0/ not O z SGC\j o N C) = CL a 2 W U) C> LL Nr ka 6 F/$ E 0 0) -Y JjjC\j 0 cz 00 L) z o0 o 0 04 C- 2 UJ U) x co LL T- (0 04 6 z E 0 > w -�e 2 > 0 n 0 2\E U) 0 c 0 La z x m LL CD APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Carps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.. SECTION[: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: Bridge No.. 261 oil SR 1597 over Hickory Creek State: NC County /parish /borough: Henderson City: Certon Center coordinates of site (lat/long in degree decimal format): Lat. 35.47766° N, Long. - 82..35308° i . Universal Transverse Mercator: Name of nearest w,aterbody: Hickory Creek (DWR Class: C, Tr ) Name ofnearest Traditional Navigable eater (TNtW) into which the aquatic resource flows: Broad River Name of watershed or Hydrologic Unit Code (HUC): 03050105040020 Check if nrap /diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., ofTsite mitigation sites, disposal sites, etc...) are associated wvith this action and are recorded on a different JD form. D. REV[ENV PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: May 19, 2014 Field Determination, Date(s): November 29, 201 'I. SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERNIINA °PION OF JURISDICTION. There Are 1, "navigcable rrcaters aaf1he U.S." within Rivers and Harbors Act (11:1IA) jurisdiction (as defined by 33 CFR part 329) In the review, area. [Required] Waters subjectto Clue ebb and ifoxv of the tide. Waters are presently used, or have been used in the past„ or may be susceptible for use to transport interstate or foreign commerce, F,xplain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There r , "waters df'the US." within Clean Water Act (CWw'A) jurisdiction (as defined by 33 CFR part 328) in the revicw, area. [Rec /heel] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review, area (check all tlrnt apply): r 'Al TN'iWs, including territorial seas Wetlands adjacent to TN1Ws Relatively permanent w,atersz (RPNVs) that tllowv directly or 'indirectly into TN1Ws r Non- IRI'tiWs that flow, directly or indirectly into °l- NMs Wetlands directly abutting RP1Ws that flow, directly or indirectly into'LN4Ws Wetlands adjacent to but not directly abutting RP'aWs that flow, directly or indirectly into TN'4Ws 1Wetlands adjacent to non -RPNVs that flow, directly or indirectly into "IT tWs hrrpottndments 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: Nort- wetland waters: 150 linear feet: 8 -9 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of, jurisdiction based on: Elevation of established OHWM (if known): 2. Non - regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and /or wvetlands were assessed within the review area and determined to be not jurisdictional. Explain: 'Boxes checked below, shall be supported by completing the appropriate sections in Section III below,. i For purposes of this forna, an RP'1W is defined as a tributary that is not a "fN W and that typically flows year -round or has continuous (low, at least " se asoawatly" (c.g., typically 3 months). ' Suplw+wrting documentation is presented in Section III.F. SECTION IH: CXVA ANALYSIS A. TNWm AND WETLANDS ADJACEN7nJTNWs The agencies will assert jurisdiction over TNAVs arid wetlands adjacent to TNWs. If the nquxdr,esvmcnisaTNW,no ill y|,(e Section IKK~4.|xmA Section DI.D.|, only; |[ the aquatic resource isn wetland adjacent mmTNNV, complete Sections IlI.&.1 arid 2 and Section DLn.l.; otherwise, see Section DiDbelow. 1. TNNY Summarize rationale supporting determination: 2. WetlandodjacenttoTNW Summarize rationale supporting conclusion that Nvctland is —,u�lacent": B. CHARACTERISTICS 0y Till B0TA RY(THATlS NOT ATINIAN') AND ITS ADJACENT WETLANDS (IF ANl0: This section summarizes information regarding characteristics of the tributary qnd itsadjacent wetlands, if any, arid hhelps W,(u,m|muvvhxoher*, not the mmndardo for jurisdiction established under Rmpxnoy have been met. The agencies will assert jurisdiction over non-navigable tributaries vyTNWswhere the odbumrbomre"n,|ndp,}yye,mxnunt waters" (11PNI's), 1'e. tributaries that typically flow year-round or, have continuous flowat least seasounlly (e.g., typically 3 months). A wethind that directly abuts oil RPW is also jurisdictional. if theaquatic resource is nota TNW, but has year-round (ymc"mim|) flow, skip ouSection l|l.D.% If the aquatic resource isnwwUnnd directly abutting o tributary with pc,rnn|x| Omv, skip to Section |ILDA. &na(mm8 that b adjacent on but that does not directly abut all RPW requires n significant nexus evaluation. Corps districts and EPA re8h.* will include ill the record artynvailable information that d0CUr1lelltS the existence of a significant nexus between a relatively permanent hibmiry that io not perennial (and its adjacent x,W:ud*ifomy) and u(mN(ivuu| navigable water, even though u significant nox"m finding |y not required amo matter o[law. If the waterbody 4 is not an RPW, or a Nvefland directly abutting ,in RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNNNI. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary ill combination with all of its adjacent wetlands. This significant nextis evaluation that combines, for analytical purposes, (lie tributary arid 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 mibmta,y, Section Dl.D.2 for any ondm wetlands, arid Section IMn.3 for all wetlands xWUx,mtw that tributary, both °m*itc and offs1te. The determination whether .9 significant nexus exists is determined in Section III.0 below. Characteristics ofmm`-TNWs that flow directly vr indirectly into TNW 0 General Area CwVNwm Watershed sim Drainage area: AvcragemnnvuimiokxU: inches Average annual snow,fall: inches (ii) Physical Characteristics: (a) n Tributary flows directly hxoTNn[ nTributary flows through Pf i, tributaries before entering TNW. Project waters are river mileshmrnTNV! Project waters are river miles fromKPW. Project waters are aerial (amaigx)moi|oabvmTN\v. p��1p�o�� aerial (xtraight)miles from RPW. Prqject waters cross or serve as state boundaries. Explain: Identify flow route mlNW\ Tributary stream order, if knoww ^mte that [lie Instructional Guidebook contains addifional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 1 Flow route can be described by identifying, e,g,, tributary a, which flows through the review area, to flow into tribLitary b, which dien floNNrS into TNW. (b) General Tributary Characteristics (check all that apply—) Tributary= is: ❑ Natural ❑ Artificial (ratan - made). Explain: El Manipulated (man- altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: 0 lik"IISI, Primary tributary substrate composition (check all that apply): ] silts ❑ Sands, ❑ Concrete ❑, Cobbles ❑ Gravel ❑ Muck Bedrock ❑ Vegetation. 'I'ypc /% cover: ❑ Other. Explain: Tribunary condition/stability [e.g., highly eroding, sloughing batiks], Explain: Presence of run /riffle /pool complexes. Explain: Tributary geometry pi« "Lis Tributary gradient (approximate average slope): % (c) Flow,: Tributary provides for: ?ik I Is Estimate average number of flow, events in review areaa/year. Fick ""LA Describe flow, rcgirnc: Other information on duration and volumc: Surface flow, is: Prc(t L 14. Characteristics: Subsurface flow: P io. Explain findings: ❑ Dye (or other) test performed: 'tributary has (check all that apply): ❑ Bed and batiks. ❑ OII WN,16 (check all indicators that apply): r] 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 awvay ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (..list): ❑ Discontinuous OHWNI.7 Explain: If factors other than the 01 MINI were used to determ High Tide fine indicated by: ❑ oil or scum line along shore objects El fine shell or debris deposits (foreshore) ❑ physical markings/characteristics ❑ tidal gauges ❑ other(list): ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines/cl'uanges 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: f'A natural or Haan -made discontinuity in the OHNNIM does not necessarily sever jurisdiction (e.g., where the stream lemporaarily flows underground, or where the 01 I1M M has been removed by development or agricultural practices). Where there is a break in the OHWIM 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. 'lbid. (iv) Biological Characteristics. Channel supports (cheep all that apply): ❑ Riparian corridor. Characteristics (type, average Nvid(h): "retland fringe, Characteristics: ❑ I labitat for: Federally Listed'' species. Explain findings: ❑ Fislrlspawn areas, Explain findings: ❑ Other environnientallyr- sensitive species. Explain findings: ❑ Adnatielwildlife diversity, Explain findings: 2. Characteristics of wetlawls adjacent to non -TNW that flow directly or indirectly into T'N'W (i) Physical Characteristics: (a) General Welland Characteristics: Properties: INIctland size: acres R4'etland type. Explain: 44'ctland duality. Explain Project wetlands cross or serve as state boundaries. Explain: (b) General. Flow Relationship with Non- TPv?W: Flow is: �rck Q . Explain: Surface flow is: Pigli t"W Characteristics: Subsurface flow: rk q 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 Lrsf river miles from TN W, Project waters are 'tCk L t aerial (straight) miles from T'NXV. Flow is from: 'tit ll as . Estimate approximate location of wetland as within the'fe lids flootdplain. (ii) Chemical Characteristics- Characterize wetland system (e,g., water color is clear, 'brown, oil film on surface, water duality, general watershed characteristics; ctc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (cheep all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type /percent cover. Explain: ❑ Habitat for: ❑ Federally listed species, Explain findings: ❑ Fislu'spawn areas. Explain findings; ❑ Other environmentally- sensitive species. Explain findings: ❑ AduaticAvildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (ifalty) All wetlands) being considered in the cumulative analysis: Wklli Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? ()'/N Size (in acres Size (in cres) Summarize overall biological, chemical and physical ftnictions 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 ally wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity afwTNW. For each mf the following situations, m significant mrmom exists if the tributary, im combination with all nf its adjacent wetlands, has more than a speculative or insubstantial effect oil the chemical, physical and/or biologieql integrity ofa TNNV. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency vftbeflow vf water im the tributary and its proximity ("oTNn\ and the functions performed by the tributary and all its adjacent v,Uund,. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between : Wb"m,yxnd its adjacent ivetland or between a tribatary and theTNW). Similarly, the fact all adjacent ivefland lies within or outside ofmflnodp|niuis not solely determinative vf significant nexus. Draw connections between the features documented and the effects on (lie TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, |o combination with its actiacent Nvetlands (if any), have the capacity to carry IMMItantS or flood waters to TN\9s orm reduce the uowmu^f pollutants ur flood waters reaching uTNNV? • Does (lie tributary, im combination %vi0' its xJj^ceut %vc,|um4r (if ouy),provide habitat and |ite«?m|; support K`xn/ioos for fish and other species, such m feeding, nesting, spawning, m rearing young for species that are present im,ke't'NW? • Does the tributary, im combination ,vit\` its a(tiuomut wetlands (if mmy)^ have the capacity to transfer nutrients and organic carbon that Swpp*rt downstream fomdu,ebs? • Does (lie tributary, in combination Nvith its a�acent wetlands (ifany), have other relationships to the physical, chemical, or biological integrity * the T0W? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be docurriented xe[vw' }. Significant nexus fiodingsfor mou-&rVV that has mn adjacent wetlands and flows dimreMyn, indirectly into TNWm.Explain findings of presence or absence of significant uxmubelow, based umthe tributary itself, then gom Section ]KLD: . 2. Significant nexmw findings for nvu-RpW And its adjacent wc{|wud^, where the ww-RPYf0uvs directly "r indirectly into TNNVs^ Explain findings of presence or absence of significant nexus below, based on the tribUtary in combination with all ofits adjacent wetlands, then goto Section D[D: . 3. Significant nexus findings for wetlands adjacent to aii IZPW but that do not directly abut the RPW. Explain findings of presence mr absence nf significant nexus below, based uothr|dhmmyiuuomb[mmtb/ovvitha||mfdwmd.jaceutnu\onds,Umugmm Section III.D: [\ DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT ARE (CHECK ALL THAT APPLY): L TNNN's and Adjacent Wetlands, Check all that apply and provide size estimates im review area: H TN\Ya Umcu �� nidNbVV,0c ocmu Wet|ands*(ti*cem/to1NW^: acres. 2. uyNVs that flow directly or indirectly into ]lNos, �'t-ribularies of TNWs where tributaries typicalKyflow year-round arejwrisdictional, Provide data and rationale indicating that tributary iupeve^wk&The stream iw shown ou (lie [XS08 topographic map mperennial. Tributaries of TNW where tributaries have continuous flow "seasonally" (c,g., typically three months each year) are jurisdictional. Data supporting this conclusion i` provided ut Section |U8. Provide rationale indicating Umtxrihvm,yflows Provide estimates for jurisdictional waters in the review area (check all that apply): 1 "ributary waters: 2001 linear feet 8-9 width (ft). Other non - wetland waters: acres. Identify type(s) of waters: 3. Non- RPWs8 that flow directly or indirectly into TN1Ws. wWaterbody that is not a T "N\V or an RPtW, but flows directly or indirectly into a TN\W, and it has a significant nextis with a TN1W is jurisdictional. Data supporting this conclusion is provided at Section 1II.C. Provide estimates for jurisdictional waters within the reviewv area (check all that apply): Tributary wvaters: linear feet wvidth (tl). Other non-wetland waters: acres. Identify type(s) of waters: d. " wetlands directly abutting an RP`uW that flow directly or indirectly into T'N'tWs. Wetlands directly abut RP"I and thus are jurisdictional as adjacent wetlands. 1Wetlannds directly abutting aii RP1W wvinere tributaries typically flown year- rorind. Provide data and rationale indicating that tributary is perennial in Section I1I.D.2, above. Provide rationale indicating that wetland is directly abufting an RP'4W: El Wetlands directly abutting an RP1W \%,here tributaries typically flow ".seasonally." Provide data indicating that tributary is seasonal in Section H 1.13 and rationale in Section 11I.D.2, above, Provide rationale indicating that wetland is directly abutting an 18P \W: Provide acreage estimates for' jurisdictional wetlands in the review area: acres. S. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TN1Ws. E] Wetlands that do not directly abut an RPW,, but Mien considered in combination with (lie tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nextis with a TN'4W are jurkidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates far jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to noon- RP'iWs that flow directly or indirectly into TNNVs. 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 news with a TN W are jurisdictional. Data supporting this conclusion is provided at Section 111.0. Provide estimates for jurisdictional wetlands in the review area: acres. T. Impoundments of jurisdictional wwaters.9 As a general nine, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "wvaters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or Dennonstratc that water is isolated with a nexus to commerce (see Ii below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED y1FETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COIL INIERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT° APPLY):" 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: Nee Foomote # 3. `1'o complete the analysis refer to the key in Section 111.D.6 of Clue hastruclional Guidebook. " Prior to asserting or declining; CNVA jurisdiction based solely on this category, Corps Districts will elevate the Action to Corps and MIA HQ for revicwv consistent wvilb flue process described iu the Corpsi'EPA �Wemorandum Regarding C IVA Act Jurisdiction Follo ring Retpunos. Provide estimates forjurisdictional waters in the review area (clieck all that apply): Tributary waters: linear fee( Nvidth (ft). Other noun - wetland waters: acres, ldcnlif}, lype(s) of waters: 1Nlctlands.- 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 the 1987 Corps of Engineers Wetlarid Delineation Manual and/or appropriate Regional Supplements. Review area induded isolated waters Nvith no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SRANCC," 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 ofjurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional Judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet %vidth (ft). Lakes/ponds: acres. Other non-welland 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" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, strearns): linear feet, width (fl). bakes /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 (cheek 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/delincation report. ❑ Office does not concur %villi, data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable Nvaters' Mudy: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data, [:1 USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Bat Cave; 1:24,000, USDA Natural Resources Conservation Service Soil Survey. Citatioir: National wetlands inventory map(s). Cite name: 7 State/Local wethind inventory map(s): FENIA/FIRM maps: I00 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): or E, Other (Name & Date): Bridge Site March 2012. Previous determination(s), File no. and date of response letter: Applicable/supporling case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT ,ID: I'mjed Troding No. (Intemal RJ, Eck,-#VE 12-08-0082 HISTORIC ARCHITECTURE, AND LANDSCAPES MY I 4 T OR AFFECTED FOWh, NO HISTORIC PROPERTIES PRE SE N ri only pertains to Historic Architecture and Landscapes for this project, It This fori V"S104 4 is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJE CT. INFORMATION Project No: County: Henderson JYBS No.: 17BP.14.R.18 Document Ty p e: MCC /Attachment G Fed. d. Aid No: Funding: State [] Federal Fiedet-al Permits : Yes No Pet-mit Typ e (s): TVA Replace Bridge No. 261 on SR 1597 (Little Bear Rd.) over Bearwallow Creek. SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES RE' VIEW El There are no National register- listed or Study Listed properties within the project's area of potential effects. F1 There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ❑ There are no properties within the project's area of potential effects. There are properties over fifty years old within the area of potential effects, but they do not meet the criteria for listing on the National Register. There are no historic properties present or affected by this project, (Attach any notes or documents as needed.) Date of field visit: Description of i-eview activities, results, and conclusions: The Riley Wall House, within the vicinity of the bridge, was evaluated for eligibility and it was determined that the structure was eligible for National Register listing. The following proposed National Register Boundary was established: 20 feet from the west, south, and cast walls of the Riley Wall Molise and across Bearwallow Mountain Road to 20 feet from the west, north, and cast walls of the bankhoose on the north side of the road. White the historic boundary crosses the road, it is not a contributing resource. The proposed National Register Boundary does not fail within (lie APE for the project, which is 50" from the centerline (east and west) and 200' frown each end of the bridge (north and south). Therefore, the Riley Wall House will not be affected by this project as the boundary is over 100' cast of the bridge. Two properties south of the bridge, 94 Little Bearwallow Road and 24 Little Bearwallow Road, as well as Bridge No. 261, are not eligible for National Register listing, There are no National Register listed or eligible properties affected by this project and review is complete. If design plans change, additional review will be required, Hii(orie Archileefure anehlindscolm.91VO HISTORIC PROPrRTITS PRrVrNT OR D-ansporlation Projects as Qualifled it? the 2007 Programmatic Agreement. Page 1 of 4 SUPPORT DOCUMENTATION D?rMaps) []1'revious Survey Info. ffPliotos ]Correspondence []Design Plans FINDING BY NCDOT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -NO HISTORIC PROPERTIES Pun NT OR AFFECTED NCDOT Architectural Historian a Date If I elxf,J(hx4l VOCM it AIZILN!�; Project Location. 11hroric Archlwamre mull mulwalvs NO lflSJVRl('PR0Pl,.RTlh'S IThWANFOR A Fl,7,.*(,TA'DJ4mfor A finor Traniponallon Projeas as Qualifiedin the 2007 Progmimpalle Agreement Page 2 of 4 Ca"') Kom'. Project Location. 11hroric Archlwamre mull mulwalvs NO lflSJVRl('PR0Pl,.RTlh'S IThWANFOR A Fl,7,.*(,TA'DJ4mfor A finor Traniponallon Projeas as Qualifiedin the 2007 Progmimpalle Agreement Page 2 of 4 Proposed National Register Boundary, Riley Wall House. 24 and 94 Little Bearwallow Road are located south of the bridge, highlighted Icy arrow. Riley, Wall House, Eligible for National Register listing. Milofic Archileclum midbmulicapes NO HNIORIC Trayuportalion Projeav as Qualified in Me 2007 I'toglumninfic Apremem, Page 3 of 4 24 Little Beanvallow Road, e. 1939, Not Eligible. 94 Little Bearwallow Road, c. 1940, Not Eligible. Historic Archileclure mad Lontrealms NO HISTORIC PROPERMYS PRESIN'r OR AFFAVII'li form foi, Almor Trmlipor(allon Projects at QuaIjiied In Me 2007 Ppoprammofic Apeement. Page 4 of 4 NO SURVEY REQUIRED FORM Project Tracking No. (Imernal Use) 12-08-0082 - - ­ Avg Feeleral (U.SACF) Permit Requires!? Yes 0 No Permit Type: TVA, Attachment G Project Description: Thepi-qiecl calls,for the rel)lacement qfBrOge No. 261 on SR 1597 (Little Bem-imillow Roacl) over Hickory, Creek i?iHeiiclei-sotiCotitir),. The archaeological Area qJ'Potential Effects (APE) .161. the project is(kfinetlasa280 - .foot (85.34t)i)loygcotiicloi,i-tiiiiiiiigaloigSR]597. The P i-oject career isC-shapecl following the curse in the mati. The corridor exten(tv 80ftel (24.38 m) north ond 200fieet (60.96 m) south ond eastfiom the center ql'Briclge No. 73. The northern extent of the APE, is blockecl by the intersection qf'Sl?'1597 with SR 1693 (Bearwallow Mountain Road). As ca result, the APE sloes Trot extencl the, dl 2(111', feet north. The cori•itlor is cipproximatel), 100.feet (30.48 in) wicle extending 50,ket (15.24 m) on either side ql',5R 1597ftom itspi*esent center. SUMMARY OF CULTURAL RESOURCES REVIEW Briqf elescrilition of review, activities, results qfret,iew, and conclusions: Bridge No. 261 is just west of the community of Gcrton and north of Edneyville in the northeastern portion of Henderson County, North Carolina, The prqjcct area is plotted in the northwest cot-tier of the Bat Cave USES 7.5' topographic quadrangle (Figure 1). A map review and site file search was conducted at (lie Office of State Archaeology (OSA) on August 9, 2012. No previously recorded archaeological sites have been identified within or adjacent to the APE, and no known sites are reported within a mile radius of the bridge. In addition, no existing National Register of Historic Places (NRHP), State Study Listed (SL), Locally Designated (LD), or Determined Eligible (DE) properties are within or adjacent to the archaeological APE, but the Raliey Wall House (IIN12'74), a Surveyed Site (SS) property, is just outside the APE to the east (Figures 2 and 3). Topographic maps, USDA soil survey maps, aerial photographs (NC One Map), and historic maps (North Carolina wraps website) were utilized to gage environmental factors that may have contributed to historic or prehistoric settlement within the project limits and to assess the level of ground disturbance. Bridge No. 261 is located in a bend along SR 1597 near its intersection with SR 1693. The bridge crosses Hickory Crcck roughly north to south as the road curves from the north to the cast. Hickory Creek runs cast and southeast into the Broad River and is part of the Broad, River drainage basin. The APE is situated within a narrow drainageway with hillside slope on either side (see Figure 2). The project area is lightly wooded with residential properties at its edges. In general, ground disturbance appears minimal. The USDA soil survey map indicates that the APE consists of two soil types (see Figure 3). The drainageway is composed of TusqUitec loan' (TuE). This soil is characterized as well drained, but Situated on moderately steep: slope of 15 to 25 percent. The upper portions of the drainageway to the south are made tip of Brevard loam (BrC). This too is well drained with a more gradual slope of 7 to 15 percent. However, a review of the contour image suggests that slope on this soil series is still over 15 12-08-0082 percent. Generally, significant deposits are not found oil slope of 15 percent or greater. Therefore, it is unlikely for an important site to be encountered on this soil series, and subsurface investigations are not recornniended. A review of the site files show very few archaeological investigations carried out in the vicinity of the bridge with no sites being rcported. Additional work in needed in this portion of Henderson County before any conclusions call be drawn on the predictability of archaeological sites. Ho%%lcvcr doe to Steep slope within the APE, this project will not prOCILICC the data needed, A historic map review was also conducted. The earliest maps to depict the project area with any great detail are the 1889 arid 1907 USGS Saluda topographic maps (Figures 4 and 5). Although the 1889 map does not show structures, it does illustrate a road following a similar aligiulient to SR 1693 running along the nortliside of Hickory Creek. The current SR 1597 it not depicted arid no crossing ovcr Little Creek is shown near the present bridge. The later 19017 map, however, shows a change in the layout of the major road running along Hickory Creek. This road now crosses Hickory Creek on the east side of a structure, which is very likely the Ralicy Wall HOLISC, and follows the creek along its southside. Subscquent early 20th century map provide no further information. The present road layout of SR 1597 and SR 1693 does not appear c1carly oil any of the reviewed maps until the publication of the 1953 State Highway and Public Works Conunission map of Henderson County (Figure 6). Although Hickory Creek is not depicted, this neap clearly shows the curve on SR 1597 just south of its intersection with SR 1693. Overall, it appears any historic archaeological sites in the area are located outside the APE and would not be effect by the proposed bridge replacement. It also appears that any historic deposits associated with the Ralicy Wall House are either outside the APE or have been previously impacted by road construction activities. Btle/'Explanation Qfwhj, the available hilbi-mation pi-ovicles a reliable hasisjbt- Y-easonablj, pi-eclicting that there ai-e no iiiiideiitijied)iistoi-icpi-opei-ties in the,4PE: The defined archaeological APE for the proposed replacement of Bridge No. 261 is located within the Hickory Creek drainage %vith steep hillside slope oil either side. It is unlikely intact and significant archaeological deposits will be present in this area. This is primarily due to slope in excess of 15 percent, which is not ideal for settlement activitic& In addition, the review of historic maps suggests that all former historic structures and possible deposits associated with the Ralicy Wall House are outside of the APE or previously impacted by past road work. As long as impacts to the subsurface occur within the defined APE, no further archaeological work is recommended for the replacement of Bridge No. 261 in Henderson County. If COnStrUCti011 should affect subsurface areas beyond the defined APE, further archaeological consultation will be necessary. 12-08-0082 SUPPORT DOCUMENTATION See attachcd: Map(s), PrcviOLIS Survey Info, Photos, Correspo tide nce, Photocopy of notes from county survey. FINDING BY NCDOTCULTURAL RESOURCES PROFESSIONAL NO SURVEY REQUMED ARCHAEOLOGY nM m HISTORIC ARCHITECTURE, (CIRCLE ONE) "A P1 C. Damon Jones NCDOT Cultural Resources Specialist -01mm Date 12-08-0082 Figure 1, Topographic Setting of Project Area, Bat Cave (1946; photorevised 1969; plio(oinspected 1987), NC, USGS 7.S' Topographic Quadrangle, 12-08-0082 Figure 2. Aerial photograph of the APE showing development and landforms within the project area and the location of the adjacent Raliey Wall House. 12-08-00,82 Figure 3. Aerial photograph of the APE showing development and soils within the project area and the location of the adjaccrit Ralicy Wall House. 12-08-0082 Figure 4, The 1889 USES Saluda topographic map showing the approximate location of the project area. Figure 5, The 1907 USGS Saluda topographic map showing the project area, 12-08-0082 Figure 6. The 1953 State Higliway and PUblic Works Commission map of Henderson County showing the project at-ca.