20140867 Ver 1_Application_20140813

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STATE OF NORTH CAROLINA
DEPAR'I'MEN'T OF TRANSPORTATION
PATRICK L. MCCRORY
GOVERNOR
August 12, 2014
Ms. Lori Beckwith
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #14
SR 1208 McDowell Road
State Project No. 13.210011 (DWR Minor Permit Fee $240)
Yancey County, NC
Dear Ms. Beckwith:
ANTHONYJ.TATA
SBCRETARY
I have enclosed a straight-line diagram with an erosion control plan, a PCN application
for a NWP #14, and a vicinity map relative to the proposed secondary road project on SR
1208 McDowell Road, Yancey County, NC. This project was previously permitted under
USACE ID#200530430-0431 in December 2004 and NC DWQ Project #041798 in
November 2004; the permit authorized discharge of fill material into 20 lineaz feet (LF)
and temporary dewatering of 40 LF of an unnamed tributary (UT) to George Fork to
extend a corrugated metal pipe culvert. As described in a letter dated April 1, 2005, to
the Corps, the project was not completed due to right-of-way constraints.
We propose to replace/extend one (1) pipe culvert on an UT to George Fork. Total
culvert extension will be 30 LF with a temporary impervious dike for dewatering during
installation. The UT to George Fork is an approximately 2 feet wide stream with a
predominately silt/sand substrate. George Fork is classified as Class C; Tr.
Existing channel morphology will be maintained upstream and downstream of the
culvert. The culvert will be placed below existing streambed elevation whenever
possible. Riparian vegetation will be reestablished along disturbed azeas associated with
the culvert extensions. Stormwater will be diverted through grass-lined ditches or
vegetated buffers prior to entering streams.
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated.
Division Thirteen Office Post Office Box 3279 Asheville, NC 28802
Phone: [phone] Oftice of the Division Engineer Fax: 82S/251-6709
www.ncdot.gov/doh/operations/divisionl3

Ms. Lori Beckwith
Page —2 SR 1208, Yancey County
August 12, 2014
As a part of the 401 Certification process, a copy of the application will be forwazded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request Marla Chambers, North Cazolina Wildlife Resources
Commission Western Region Coordinator, to comment directly to the Corps conceming
the permit request with a copy to Division 13 Environmental Officer.
By copy of this letter, we aze asking the Area Roadside Field Operations Engineer, to
comment on the above project. The UT to George Fork is classified as Class C;Tr. A
buffer variance will be required for the project.
By copy of this letter, I am forwarding one copy of the application package to Sonia
Carillo, NC Division of Water Resources, Transportation Permitting Unit and an
additional copy to Kevin Barnett, NC DWR Asheville Regional Office for review and
comment. Please chazge the application fee of $240.00 to WBS element # 13.210011.
Please forward comments directly to the Corps with copy to Division 13 Environmental
Officer.
Your earliest consideration for this request would be greaUy appreciated. If you have any
questions or information needs, please contact me at [phone].
Sincerely,
��- ° ��.�`
Roger Bryan
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
Chad Bandy, P.E.
Ben DeWit, EI, CPESC
Marla Chambers
Sonia Carillo
Kevin Barnett

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: SR 1208 McDowell Road
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: Windom
8. County: Yancey
9. Lat: 35.90803 Long: 82.25976 (Decimal Degrees Please )
10. Quadrangle Name: Burnsville
11. Waterway: UT to George Fork
12. Watershed: French Broad
13. Requested Action:
X Nationwide Permit # 14
General Permit #
Jurisdictional Determination Request
_ Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepaze File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site/Waters Name:
Keywords:

APPROVED J[1RISDICTIONAL 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 JORISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Yancey City: Windom
Center coordinates of site (laf/long in degee decimal format): Lat. 35.90803° N, Long. 8225976° W.
Universal 1'ransverse Mercator:
Name of neares[ waterbody: UT to George Fork
Name of nearest Traditional Navigable Water (TN W) ]nto which the aquatic resource flows: French Broad River
Name of watershed or Hydrologic Unit Code (HUC): 060] 0108
� Check if map/diagram of review area and/or po[ential jurisdictional areas is/aze available upon request.
❑ Check if other si[es (e.g., offsite mitigation sites, disposal sites, e[c...) are associa[ed wilh this ac[ion and aze recorded on a
differen[ JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) De[ermination. Date:
� Field Determinatioa Da[e(s): 8/I I/2014
SECTION IL• SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigab/e waters ojthe US" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review azea [RequiredJ
❑ Waters subject to the ebb and Flow ofthe [ide.
❑ Wa[ers are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commeroe.
Explain: .
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "wa(ers ojthe U.S" within Clean Water Act (CWA) jurisdiction (as defined by 33 CPR part 328) in the review area [RegurredJ
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
❑ TNWs,includingteRirorialseas
❑ Wetlandsadjacen[[oTNWs
� Relatively permanen[ wa[ers2 (RPWs) that Flow direc[ly or indirectly into 7'NWs
❑ Non-RPWs that ttow direc[ly or indirectly into 7'NWs
❑ Wetlands direc[ly abutting RPWs that flow directly or indirec[ly into TNWs
❑ Wetlands adjacent to but no[ directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly in[o 7'NWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or inVas[ate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 45 linear feet: 2 width (ft) and/or acres.
Wettands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by ONWM.
�leva[ion of established OHWM (if known): .
2. Non-regulated waters/wetlands (check if applicable):3
❑ Po[en[iallyjurisdictional wa[ers and/or wetlands were assessed within the review area and determined to be notjurisdictional.
Explain;
' Boxes checked below shall be supported by completing ihe appropriate sections in Section III below.
' For numnses of [his fnrm. an RP W is defined ac a hi6ularv tha[ ia not a TNW and ihat [vnicallv ilows vear-rnund nr has conlinuous flnw a[ leact "ceaeonallv°

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 IILD.1, only; if the aquatic resource is a weUand adjacent to a TNW, complete Sections III.A1 and 2
and Section III.D.1.; otherwise, see Section IILB below.
1. T1VW
Identify TN W:
Summarize rationale supporting determination:
2. WetlandadjacenttoTNW
Summarize ralionale supporting wnclusion that wetland is "adjacenP':
B. CHARACTERISTICS OF TR[BUTARY (THAT IS NOT A TNN� AND ITS ADJACENT WETLANDS pF ANY):
This section summarius 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 Repanos have been roet
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 ttow 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 yearvround
(perenoial) flow, skip to Section 1[I.D.2. If the aquatic resource is a wetland directly abutting a tributary with perenniai Oow,
skip to Section III.D.4.
A wetland that is adjacent [o 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 esistence of a sigoificant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditiooal navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody� 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 neaus 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 wetlaods, complete Section III.B.1 for
the tributary, Sectioo III.B.2 for any onsite wetiands, and Section III.B.3 for all weHands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that tlow directly or indirectiy 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 7'NW:
❑ Tributary flows directty into 7'NW.
❑ Tributary flows through Pick List tributaries before entering 7'NW.
Project wa[ers are Pick List river miles from TNW.
Projec[ waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from 7'N W.
Project waters are Pick List aerial (svaight) miles from RPW.
Projec[ waters cross or serve as state boundaries. Explain:
Identify flow roule [o TN W 5:
Tributary stream order, if known:
° Note lhat ihe Inswctional Guidebook contains additional infortnation regarding swales, ditches, washes, and erosional feamres generally and in the arid
West.
' Flow rou[e can be described by iden[iCying e.g., [ributary a, which Flows through the review area, [o flow into [ribu[ary b, which [hen flows in[o TN W.

(b) General Tributary Characteristics (check all that aoolvl:
Tributary is: ❑ NaNral
❑ Artificial (man-made). Explain:
❑ Manipulated (man-altered). Explain:
Tributary properties with respec[ to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substcate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/%cover.
❑ Other. Explain: .
Tributary wndition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/poo] complexes. Explain: .
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Plow:
Tribu[ary provides for. Pick List
Es[imate 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 tha[ apply):
❑ cleaz, natural line impressed on the bank
❑ changes in the character of soil
❑ shelving
❑ vege[ation mat[ed down, bent, or absen[
❑ leaf li[[er disturbed or washed away
❑ sediment deposition
❑ waler staining
❑ other (list):
❑ Discontinuous OHWM.� 6xplain:
�
■
■
■
■
■
■
the presence of litter and debris
destruction of terzes[rial vegeta[ion
the presence of wrack Iine
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWAjurisdiction (check all that apply):
❑ High Tide Line indica[ed by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposi[s (foreshore) ❑ physical mazkings;
❑ physical markings/characteristics ❑ vegetation line�/changes in vegetation types.
❑ tidal gauges
❑ other pist):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discobred, oily film; water quality; general watershed chazacteristics, eteJ.
Explain:
Identify specific pollutan[s, if known: .
`A namral or man-made diswntinuity in the OHWM dou not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agriculNral practices). Where there is a break in lhe OHW M iha[ is unrela[ed [o lhe wa[erbody's flow
regime (e.g., flow over a rock outerop or through a culvert), the agencies will look for indicators of flow above and below ihe break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, averege width): .
❑ Wetland fringe. Characteristics: .
❑ Habitat for.
❑ Federalty I.isted species. Explain findings: .
❑ Fish/spawn areas. Explain findings: .
❑ Other environmentally-sensitive species. Explain findings:
❑ Aqua[ic/wildlife diversity. Explain findings: .
2. Characteristics of wetlands adjacent to non-TNW that Oow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
We[land size: acres
WetlandType. Explain: .
WeUand qua�ity. Explain: .
Projec[ wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship wi[h Non-7'NW:
Plow 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 direc[ly abutting
❑ Discrete wettand hydrologic connection. Explain:
❑ Ecological connection. Explain: .
❑ Sepaza[ed by berm/barrier. Explain: .
(d) Proximity (Relatio�shipl to TTIW
Project weUands aze Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from 7'NW.
Flow is from: Pick List.
Estimate approxima[e location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is cleay brown, oil film on surface; water quality; general wa[ershed
charac[eristics; e[c.). Explain: .
[den[ify specific pollutan[s, if known: .
(iii) Biological Chareeteristics. Wetland supports (check all that apply):
❑ Riparian bufFec Characteristics (Type, average width): .
❑ Vegetation type/percent covec Explain: .
❑ Habita[ 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
Approxima[ely ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify [he following:
Directiv abu[s? (Y/Nl Size (in acresl Directty abuts7 (Y/Nl Size (in acres)
Summarize overall biological, chemical and physical functions being perfortned: .
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the 11ow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they signiTicantly affect the chemical, physical, and bialogical iotegrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on 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 tlow
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 signi5cant nexus based solely an any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNN�. Simi�arly, the fact an adjacent wetland lies within or
outside of a iloodplain 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 adjacen[ wetlands (if any), have the capacity [o carry pollutants or flood wa[ers [o
TN Ws, or [o reduce the amount of pollutants or flood waters reaching a 7'N W?
• Does [he tribu[ary, 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 presenl in [he TNW?
• Does the [ributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downsveam foodwebs?
. Does the [ributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
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 IILD: .
2. Significant nexus findiogs for non-RPW and its adjacent weHands, where the non-RPW tlows directly or indirecUy into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with a0 of i[s
adjacent wetlands, then go to Section IILD: .
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Sxplain findings of
presence or absence of significan[ nexus below, based on the Vibutary in combina[ion wi[h all of its adjacent wetlands, [hen go to
Section IILD: .
D. DETERMINATIONS OF NRISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all tha[ apply and provide size es[imates in review area:
❑ TN Ws: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TTIWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
� Tributaries of TNWs where tribu[aries typically flow year-round are jurisdictional. Provide data and rationale indicating lhat
tributary is perennial: Stream has prominent bed/bank features and is shown as blue line on topo.
❑ Tribu[aries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally: .

Provide estimates forjurisdictional waters in the review area (check all tha[ apply):
� Tributary waters: 451inear feet 2 wid[h (R).
❑ Other non-wetland waters: acres.
Identify type(s) of waters: .
3. Non-RPWss that flow directly or indirectiy into TNWs.
❑ Waterbody that is not a TN W or an RPW, but flows directly or indirectly in[o a TN W, and it has a significant nexus with a
TNW is jurisdictional. Da[a supporting this conclusion is provided a[ Section IILC.
Provide estimates forjurisdictional wa[ers within lhe review area (check all that apply):
❑ Tributary waters: linear feet widlh (R).
❑ O[her non-wetland waters: acres.
Identify type(s) of waters: .
4. Wetlands directly abutting an RPW that 11ow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus arejurisdictional as adjacent we[lands.
❑ Wetlands directty abutting an RPW where Vibutaries typicalty flow year-round. Provide data and rationale
indicating that tributary is perennial in Section llLD.2, above. Provide retionale indicating that wetland is
directly abutting an RPW: .
❑ Wetlands direc[ly abu[ting an RPW where tributuies typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section III.D.2, above. Provide rationale indicating tha[ wetland is directly
abutting an RPW: .
Provide acreage estimates for jurisdic[ional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting au RPW that Flow directly or indirectly into TNWs.
❑ We[lands [ha[ do not directly abut an RPW, but when considered in combination with the tributary [o which they are adjacent
and with similarly situated adjacen[ wetlands, have a significant nexus with a 7'NW are jurisidictional. Data supporting this
conclusion is provided at Section Ill.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that itow 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 7'NW arejurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates forjurisdictional wetlands in the review azea: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional [ributary 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 Q-6), or
❑ Demonstra[e that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATEj WATERS, INCLODING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLl�:10
❑ which are or could be used by in[ersta[e 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 indusfial purposes by industries in interstale commerce.
❑ [nterstate isolated waters. Explain: .
❑ Other factors. �xplain: .
Identify water body and summarize rationale supporting determination:
aSee Footno[e q 3.
' To complete �he analysis refer [o lhe key in Section III.D.6 of the InsWC[ional Guidebook.
10 Prior to assertlug or declining CWA jurisdictian based solely on this category, Corps Districts will elevate fhe actlan to Corps and EPA HQ for
review consistent with the prceess described in the Corps/EPA Memorandum Regosdrng CWA Ac[Juris&c8on Followtng Rapanos.

Provide es[imates forjurisdictional waters in Ihe review area (check all that apply):
❑ Tributary waters: linear feet wid[h (ft).
❑ Other non-wetland waters: acres.
Identify rype(s) of waters: .
❑ Wetlands: acres.
F. NONJURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPL]�:
❑ If poten[ial wetlands were assessed within the review area, these areas did not mee[ the criteria in [he 1987 Corps of Engineers
Wetland Delineation Manual and/or appropria[e Regional Supplements.
❑ Review area included isolated waters wilh no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the 7an 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based sole]v on the
"Migratory Bird Rule° (MBR).
❑ Waters do not meet [he "Significant Nexus" standard, where such a finding is required forjurisdiction. Explain: .
❑ O[her. (explaiq if not covered above): .
Provide acreage estimates for non jurisdictional waters in the review area, where the sole poten[ial basis ofjurisdiction is the MUR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all tha[ apply):
❑ Non-wetland waters (i.e., rivers, streams): linear fee[ width (ft).
❑ Lakes/ponds: acres.
�❑ O[her non-wetland waters: acres. List type of aquatic resource: .
Wetlands: acres.
Provide acreage estimates for nonyurisdictional waters in the review area that do not mee[ the "Significant Nexus" s[andard, where such
a finding is required for jurisdiction (eheck all that apply):
❑ Non-wetland waters (i.e., rivers, streams): linear feet, wid[h (ft).
❑ Lakes/ponds: acres.
❑ Other non-we[land waters: acres. I,ist 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 inciuded in case fi�e and, where checked
and requested, appropriately reference sources below):
� Maps, plans, plots or plat submitted by or on behalf of [he applicanUconsultant .
❑ Data sheets prepared/submitted by or on behalf of the applicanUconsultan[.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur wi[h data sheets/delineation report.
❑ Data sheets prepared by [he Corps: .
❑ Corps navigable wa[ers' study: .
❑ U.S. Geotogical Survey Hydrologic Atlas: .
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
� US. Geological Survey map(s). Cite scale & quad name:124000, Bumsville Quadrangle.
❑ USDA Natural Resources Conservation Service Soil Survey. Citation: .
QNational wetlands inventory map(s). Cite name: .
State/Local wetland inventory map(s):
❑ PGMA/FIRM maps: .
❑ 100-year Floodplain Elevation is: (National Geodectic Verticai Datum of 1929)
� Photographs: ❑ Aerial (Name & Date): .
or � Other (Name & Date):Stream photos da[ed 8/ll/14 in NWP Applica[ion.
❑ Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law: .
❑ Applicable/supporting scientific ]iterature: .
❑ Other information (please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:

o��� WAT�9Pc
% y
� r
O Y
O�ce Use Only:
Corps action ID no.
DWQ projecl no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. 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.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes X No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No
2. Project Information
2a. Name of project: SR 1208 McDowell Road
2b. County: Yancey
2c. Nearest municipality / town: Windom
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state 13210011
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. Streetaddress: 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 Farm — 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: [e-mail]
5. AgenUConsultant Information (if applicable)
5a. Name: N/A
Sb. Business name N/A
(if applicable):
Sc. 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
1 a. Property identification no. (tax PIN or parcel ID): N/A
1 b. Site coordinates (in decimal degrees): Latitude: 35.90803° N Longitude: -82.25976°W
1 c. Property size: 2.11 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to George Fork
proposed project:
2b. Water Quality Classification of nearest receiving water: C, Tr
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 gravel secondary road. Low density residential with scattered nursery plots and woodlands
3b. List the total estimated acreage of all existing wetlands on the property:
0.0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
400
3d. Explain the purpose of the proposed project:
Increase the typical section and pave the secondary road
3e. Describe the overall project in detail, including the type of equipment to be used:
Grade, drain, base and pave the roadway. Extend one pipe on jurisdictional stream. Equipment used will include
excavators, trucks and graders,
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / � Yes X No ❑ Unknown
project (including all prior phases) in the past?
Comments: field confirmed by NCDOT and DWQ
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 X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help f le" instructions.
Previously permitted under USACE ID #200530430-0431 in December 2004 and NC DWQ Project #041798 in November
2004; permit authorized discharge of fill material into 20 LF and temporary dewatering of 40 LF of UT to George Fork to
extend single corrugated metal pipe culvert
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

C. 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 question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non-404, other) (acres)
Tem ora 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
WS ❑ 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. 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 X P❑ T Pipe Culvert UT to George Fork X PER X Corps 2 30
❑ INT X DWQ
S1 ❑ P X T Dewatering UT to George Fork �PINT X DWQ Z 45
S2 � P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S2 ❑ P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S3 ❑ P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S5 ❑ P � T ❑ PER ❑ Corps
❑ INT ❑ DWQ
3h. Total stream and tributary impacts 45
3i. Comments: 30 feet of permanent and 45 feet of temporary impacts at same location and will overlap
Page 4 of 10
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 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 ora T
01 ❑PQT
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 �mpacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
Sf. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface 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?
61 ❑P❑T ❑Yes
❑ No
62 ❑P❑T ❑Yes
❑ No
B3 ❑P❑T ❑Yes
❑ No
6h. Totai buffer impacts
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
7. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Minimum pipe length used to obtain needed typical section and shoulder width for safety.
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 mitigation 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)
7. 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: NC DOT Project
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 government's 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
❑ Other: N/A
3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No
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
❑ Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
Page 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)?
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.) ❑ 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 Surtace Water or Wetland Standards, ❑ Yes � No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ❑ Yes � No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
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
5c. If yes, indicate the USFWS Field O�ce 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, USFWS county list (http://www.fws.gov/raleigh/species/cntylisUyancey.html), habitat requirements present
compared to those present at site
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 (http://gis.ncdcr.gov/hpoweb/)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes � No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Current FEMA Maps
(http://ncdotesm. ursokr.com/default. html)
Roger D.Bryan 8/12/2014
U
ApplicanUAgenYs Printed Name plicanUAgenY � ignature Date
(AgenCs signature valid only if an autl� rization letter from the applicant
is rovided.
Page 10 of 10

N.C. DEPARTIVIENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
__ — --------- __ __ -- -- -------
SUBJ�CT: SR 1208, McDowell Rd.
- ---- - __-- ---
LOCATION: From SR 1142 to E.O.M.
WORK TYPE: Grade, Drain, Base, & Pave
WORK ORDER: PRIORITY: 594
--- ___ _ _. _ _ - -- -- -----
COiJNTY: Yancey TOWNSI-IIP: Crabtree
_ _ - -___
DATE 08/5/14 SCALE: 1" = 50'
__.___--._ _----- -- ------_ _ _ _ _ _ --- - _
NOT�S: 45' & 60' R/W
I,ength: 1700', .32mi
PRCPARED BY: JSA/CAP
ls

PIPE DATA SR 1208 McDowell Rd. __
County: WORK ORDER : 13.210011
Yance
STATION PRF.SENT PROPOSED NOTES
SIZE SIZE
10+28 25'x18"CMP 50'x18"CMP Replace Cross Pipe
y� ll+37 20'x18"CMP 50'x30"CMP Re lace Cross Pipe ;,L
13+03 40'xl2"CMP 40'x15"CMP Replace Driveway Pipe
15 r96 25'xI5"CMP 50'x18"CMP Replace Cross Pipe
19+38 50'+/xIYCMP 40'x15"CMI' ReplaeeDrivewayPipeasneeded
21+04 30'x18"HDPE 50'xl8"HDPE Extend Cross Pipe 20'
22+85 50'x18"CMP Proposed Cross Pipe
24+08 50'xt2"CMP 50'X15"CMP Replace Driveway Pipe
25+58 30'x6" Metal 30'x15"CMP Replace Driveway Pipe
26+40 25'x8"Plastic 25'x15"CMP Replace Uriveway Pipe
26+70 70'x15"HDPE Driveway Pipe

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