The URL can be used to link to this page

Home My WebLink About20071645 Ver 1_Application_20070927~)y .•~~~ M yaM ~ -..4 STATE of NORTH CAROLINA .ti ~~<~~~~ ,~~~ n ~r :~ ~~ ~ ~ oR~1y9 ~tpy R'gA~a~h. DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY September 24, 2007 Mr. Steve Lund US Army Corp of Engineers O ~ ~ ~ ~' Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N. C. 28801-5006 SUBJECT: Pipe Extension Due to Minor Road Widening on Hwy 16, Lincoln County Dear Mr. Lund: The North Carolina Department of Transportation proposes to extend an existing 4-foot x 4 foot culvert on Highway 16 in Lincoln County. The culvert will be extended by 22 feet on the upstream side and 10 feet on the downstream side. The existing culvert sets the grade of the extended culvert; therefore, the inlet and outlet invert of the extension will be approximately on streambed grade. NCDOT requests a waiver from the Regional Condition 2(b)(e) permit depth specification, for the construction of this project. Temporary cofferdams and bypass pumping will be used for stream management during construction. Upon project completion, the areas impacted by the temporary cofferdams will be returned to pre-project conditions and seeded and stabilized. The scope of the work will result in a total of 32 linear feet of permanent impacts to an unnamed tributary to Forney Creek, which is classified as Class C waters by the Division of Water Quality. Highway 16 is a ruraUurban arterial; however, the project is not located within '/2 mile of the critical watershed area; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill basin checklist. This office has conducted a GIS and field survey for the project for historical sites and threatened/ endangered species sites. No sites listed on the National Register of Historic Ptaces are located in the vicinity of the project nor did there appear to be any eligible structures. The federally listed species for Lincoln County (USFWS listed dated May 10, 2007) include Michaux's sumac (Rhos michauxii) and the dwarf-flowered heartleaf (Hexasrylis nan~ora). Natural Heritage Program records document the nearest Michaux's sumac location approximately 8.9 miles south (in Mecklenburg County) of the proposed project area. There are no known sites of Michaux's sumac in Lincoln County. The sumac is typically found in sandy or rocky, open woods and appears to survive best in areas with some disturbance, such as artificially or naturally maintained clearings. Michaux's sumac was not observed in the project area nor did there appear to be suitable habitat. Natural Heritage Program records document the nearest dwarf- flowered heartleaf location approximately 1 l miles northwest of the proposed project area. The heartleaf w Hwy 16 Page 2 September 24, 2007 is usually found on dry to moist ravine slopes (usually north facing and of the oak-hickory-pine forest type) and in boggy areas near springheads. There is minimal habitat within the proposed project area; however no species were observed. NCDOT is recommending a finding of "no effect" for T&E species and historical structures. I have enclosed apre-construction notification for a NW#14, sketches of planned activities, and location maps relative to the project. Project information for the 401 Automated Payment Procedure is as follows: • Work order number: 150470-55120005-37449-3855 • TIP #: NA • Project Category: $200.00 Fee If you have any questions or concerns, please feel free to contact me at (704) 480-9044. Thank you for your time and consideration to this matter Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: Trish Simon Division 12 Environmental Supervisor Enclosures Cc: John Hennessy, DWQ, 401/Transportation Permitting Unit Polly Lespinasse, DWQ, Mooresville Regional Office Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. 2 ~ ~ 7 1 6 4 5 ~~~ any parncuiar aem ~s not applicable to tnis protect, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW#14 (WQC#3627) 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: Mike Holder N C D~artment of Transportation Mailing Address: P.O. Box 47 Shelbv North Carolina 28151 Telephone Number: 704-480-9020 Fax Number: 704-480-5401 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Trish Simon Company Affiliation: N.C. Department of Transportation Mailing Address: P.O. Box 47 Shelbv North Carolina 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimonna,dot.state.nc.us Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is cleazly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no lazger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans aze reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps aze provided. 1. Name of project: Culvert Extension due to Minor Road Widening Hwy 16 2. T.I.P. Project Number or State Project Number (NCDOT Only): 37449 3. Property Identification Number (Tax PIN): NA 4. Location County: Lincoln Nearest Town: Denver Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmazks, etc.): From Lincolnton, east on Hwy 73: Turn left onto Hwy 16 and proceed to site 500 feet north 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35°26'55"°N 80°59'50"°W 6. Property size (acres): < 0.10 acres 7. Name of nearest receiving body of wtter:_ Unnamed tributary to Forney Creek Class C waters (from source to Killian CreekZ 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~~: ~h?o.enr ,tate.»c.u5~adiz~in'maps;'.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing Conditions-pipe on paved hi way General Land Use- developing urban• some wooded Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used. Extension of an existing 4-foot x 4 foot culvert. The culvert will be extended by 22 feet on the upstream side and 10 feet on the downstream side. The existing culvert sets the grade of the extended culvert; therefore, the inlet and outlet invert of the extension will be approximately on streambed Qrade. Typical heavy equipment trackhoe backhoe etc) will be used for the construction of this project. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to extend an existing culvert for minor road widening on Hwy 16 at the approach of the Hwy 16/Hwy 73 intersection. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules.NA V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit reauests aze anticipated at this site VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to detenmine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed sepazately in the tables below (e.g., culvert installation should be listed sepazately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and cleazly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts aze proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts from culvert extension Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senarately list imnactc rlne to both ctnirtnrP and fln..rl;,,.. Wetland Impact Site Number (indicate on map) T e of Im act yp p Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Flood lain p ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included- T[l (`alC'lllate a(`TeaOP mtiltinly tPnr.+l, Y .~.;.~+L, •l,~« a:. ,: a,. L_. A7 tin Stream Impact Perennial Average Number (indicate on Stream Name T e of Im act ~ p or Stream Width Impact Length Area of Impact Intermittent Before ma) ? Im act (linear feet) (acres) I UT to Forney Creek Culvert Extension Perennial 3 feet 32 feet .0022 2 >, Temporary Cofferdams/ « Bypass Piping ~~ 20 feet .0013 * 32 feet *.0022 acre Total Stream Impact (by length and acreage) permanent 20 feet permanent .0013 acre temporary temporary impacts to impacts to open channel open channel 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill- excavation. tlrerlaina flnn~inn r~rainann 1.,,1Lho.,,7~ o+,. Open Water Impact ~~ Name of Waterbody a-~ - ------- ~_.., ---,. Type of Waterbody Area of Site Number (indicate on ma) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact ocean, etc.) (acres) Total Open Water Impact (acres) 0 6. List the cumulative imnact t~ all Waters of the I I Q rPenltinn ~..,,, tt,o ....,.:,,,.~. o ------ Stream Impact (acres): ---- Y-.,J ..... .0022 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0022 Total Stream Impact (linear feet): 32 feet Page 4 of 8 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation NO POND IMPACTS If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Culvert is being extended to allow for minor road widenine and adeQUate shoulder construction for the safety of the traveling public at the intersection of Hwy 16 and Hwy VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Page 5 of 8 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm~;ide html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. MITIGATION NOT ANTICIPATED 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at httpJ;'1L0.CI1C.state.n:.us,`~~rp'inde~ htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):- Amount ofNon-riparian wetland mitigation requested (acres Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Page 6 of 8 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be cleazly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multi liers. Zone* Impact Multiplier Required (s ware feet) Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Minimal increase in impervious surface is proposed to provide intersection approach improvements. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-dischazge or dischazge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater is generated from the project Page 7 of 8 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Isthis anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h?o.enr.state.nc.us!nc«etlands. If no, please provide a short narrative description: The culvert extension is beine done to provide intersection improvements to Hwy 16/Hwy 73 intersection due for the development which is currently occurring in the area XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). AT A Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 N C I~ WBS 37449 LINCOLN COUNTY 4x4 BOX CULVERT EXTENSION 785 765 PROPOSED PROPOSED INVERT=735.86 EXISTING SLOPE 0.5% INVERT=736.29 745 ~ _ EMIt1G :.: BO7I gL,IENi - - - - - 725 ~--------------------------------------- ------------------------- ------------------------------------- EXISTING INVERT=735.91 EXISTING INVERT=736.18 10 11 12 13 "i~ ~' 1 nnnnnr r0 10' CULVERT EXTENSION XISTING 4x4 BOX CULVERT EXISTING CHANNEL GRADIENT 736.33' - 7 3 3.95' 2.38' / 100' = 2.4% NC,' 16 -1-- XIST ~ EXIS~ =735.91 INV.=73 ROP PRO 735.86 INV.=73 oononcrn o~~ riu VERT EXTENSION EXISTING CHANNEL GRADIENT 738.63' -736.30' 2.33' / 80' = 2.9% Lfl M O 00 O 00 M M Ol ~fl M T N 1~ l~ M M Q Q Q fit") to ~ c~ M M M M M M M M N N 1~ f~ N Imo- 1`- f~ O O O to M M M M Q1 O M M f~ t0 lD tD f~ f~ I`- N 07 M M M M M M M ti ti N N ti N f- ~ \I 1 ~I~ ~~ ~\~ /~ I ~ I ~ ~\~~--- ~ `1 ~~ _ _ /~/ I :~0. i~ F ~ ~ '0 i ~ ~ ~ i \ \\ `' ~ ~, ~ ,`~~ ~\ ~~ I ~~~ ~~ \ \ I ~ ~ / ~ ~~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~ ~ ~~ ~ ~ ~ ~I ~ ~ , ~ ~' \ " ~, ~~ ~,~ ~ ~ ~. ~ C'~ B- Ho / ~SY~~c sec ~I ~ I ~4 /S 0 Q ~C'A F \ ~~ ` ~ ~~ \ \ .~ - ~ ~ ~~ ~ l ~ ~ ' ~ F ~~\ \ ~~ ~ ~ ? cC ~-- /. ~ ,~. FS ~'Pio - ---- ~ ~,R ~~~ TO~ ~ C ST ~` S ,~ T S~,9/G' rn~Q ~~~ ~Nr~ ~~o ~ r n'y ~= v, ~f~ ~ ~ ~' ~ m o r~ O n W a U N O O H Wes- O ~ ~ ~ N j O _ Oinm H ~ti ~ W p O J ~ ~ ~ ~ ~ V I} ~ M I N N ° ~ ~ ~ Q ~ m~~ ~ w I- W °om N ~ \ / o o ~ O \> N / ~ ~/~r/ L~L J ~ ~ O W ~ ~ ~ ~ ~ ` H O ~ N w W z '~ ° o ° ~^ O ~ J O m ,~ U U ~ a~o O U ~ Z z z w z w ~ ~ ~ N J ~ O~ W O T _ J ~p W~ O ~ ti N W U _1_ I- , a0 N U ~- z ~ z ~ - o _ ° ~ ~ ~n ° ~ JQ O Om ~ / ^ ~ J Q O ~W ti ti N ~ lD ~ N ~ U U aJm ~~o z ~ r W . ; mew ~, ~ ~ o o ~ ~~~ ~, J NW W ~> O p rJ ~ O ~_ U Q 5.2 -Flow Diversion ` Y N .` Q ~ \ 1 Z W \ ~ 0] ~ 7J O y ~ U O a o w ~ a ~ ., ~ ~ a U U VI , O p ~ Z ~ ~ a ~ a ~ ~ Q a z o! Q w Q O ~ Q ~ U G Y l Q Q .. j ~ ~ W ~~ ~ / ~ U ~ ~ i ~~,~ w z ~ a' ~ I ~ Oa ,~ ~ o V ~'A •~ ~ ~ a v, W ?J ~ W ~ / U ~ LJJ m ~- a ~ ~ o_ > ~. m ~ ~ i ~. o W ~ ) W O a J W 0 a ~j ~ W ` O ., ~ a a ~ ~ ~ ~ ~ Z ~, > / Z W 1p t i / z ~ ~ ~ o ~ ~ ~ ~~ a (n ~, ~ Z ~ ~~ '' ~ w N ~ U 2 Q \~ ~ Q W ~ C p H C /~ Z O j I W W W ~ Y ~- ~ Y / W p ~ ~ p J ~ e:~~_ ~ ~~ ~ W (4 /f W Q U 0 p a ~ ~ r.i W =Ow W W Q Q! O/ p U o_ d to ? `cam Z ao ~ O= ~o / O ~ ~` w w Q 0 V F- /f / ~ ui ~ o_ U ~ ~ p OZWa ~ 2Q North Carolina Department of Transportation BMPs for Construction and Maintenance Activities August 2003 Page 68 Hwy 16 Pipe Extension, Lincoln County Outlet Outlet Downstream Upstream ~1.1 ,~i515 ~,~ ~ ~; LAKE ~ J~~ GO /~ i. '~ ~ 1 ,\ NORMAN \ \ ~• Q 1 ~_ ~~ ~~~ ~~ ° ~= ,. J ~ f 1439 I~ ~ '~ ~i ~' •_ ~~~ ~ t( .' `~' I J ~ ,' ` ~ ~~ ' / r~ ,,~ ~ ~, ~ / I `\ \• 1.~ ~ ~~ mn o~ Z ~~. W Q oa sn: ^ B wATCN - urn Inset 3 '~ e C e u .\ •\ I I i~ i ~~ ' ~ ~~J { _r ~ - y,f '~ 5~ .~ • • ~ _. ~_ i •~ Syr •rr ~h _ ~ ! I ~ _ ~ ~r ~F !' ~ ~ ~ ~ ~ _ _ .r ~ `-t -y"..Y_.~~'~ f...;0._ - ~ M ... f~ a 'r `$. i ,~ _ i _ t ~r .~,~~, .. _. ~~ . _ . 1 j1 _~ _ 3 ~ .~ ~. ~ ~ ' ~ ~' r - 6/4 ~:' S .1 ~i ~.~ Pipe Extension , • ~ ~ °~.;;. • tern 1 : r~ . - •'~` ~ --'*r ' :' ..;pie m Ch ~-- ~. _ --- - f ~ ~ / i ~ - • _ _ '~ ~~ - ~ - _ _• e y ~ i~, E ~ i : ~'• a' ' pry.- ~ - - ~ • .' ~,, .~/ , • ; S ` i r a ,5 ~' ~` ~ ~ - • _ ,.~ ,; - • ~' %r I" • r f ~~, F , .~ +' ~ ` - +r-' r r (/ ~r ~ e~~ •F _ `f _ r Name: LAKE NORMAN SOUTH Location: 035° 26' 55.22" N 080° 59' 50.15" W Date: 8/28/2007 Caption: Hwy 16, Pipe Extension, UT to Forney Creek, Class C Waters, Scale: 1 inch equals 1000 feet Catawba River Basin (C) 1998, ZONE A ~ ~`_'~~ ~° ~ O III ~ti.. :~:: Q ~ I •~ :• ~O ZO N E A~~ '~~ .\ 7ATE ~ / ' '~~ ~ 73 ~ \ S.R. - ,; ~/-~ /" %~ ~ ...-~~ ~ ~ 1 ~~`:. ZONE A ~~~:•.:•:~~:::•K:;::. •,~•~' •• 1 \\ \ \~ ~~ ~~ /~ S.R. --~ ... ~,~' ~ ... ~ S.R. ZONE A / ~ :~...~ /~ • •.~ ... . ~ .mob S' ~...`... ~ ~ ~ ~.. _ ~~~ ~~ ,, \\ ,% .ate ~ r ~~ ~~~ ~~ \ :': 1178 c~ \...~ .~ 1 ..~ ~'~~ .., y I. J \~\ I /..• ~~ I ~ I .\ ' \ I. \.. . ~ s ~. ~ ~: \ °' ~ ^~~~F~~ /~ ZONE X '~ N i i 70 ..~ ~ ~-~ . ..,.: . ..:.: :. \ ... ''L1a':• ~ ~ .. ~a ... ~'p ~~~ 1. ~ ~ ~/C ~ ~_ isii =° LOWESVILLE '~ I /...i~ ~~ ;;;.:.:, ,. ~.;.... ZONE A ~~ ~~.•• 1380 ~ ~ C~^^ V~ • ` .V GnC2 `.r + _ Ce82 ' w ~ /\Pi ~. >fiPJ~t rrv "~ Gn8 to ~ 4~. d d 1 M 51 1 e.. +s eC2 r f` 11~ ~~ r Y ~ .2, a Cee2 ~ ~ "°~~. :~ ~ .,FeB2~ ~~ PeC2 ~3„x~ _ w ~ ; 4 t Itl ~, ~ ~ ~ ~ PmB r~,n ^~ ^dl;tq~ f . s .- s K ~~* ~;s ~~ Ce62`; ,Fm '" ~; ~ ; {t 144 ( ~. `F ~' k f A ~ ,4 far ` ; PeC2 , F PaC t ± `~ "'~_'f t ` ia~ H,~+~;k S / ~,^a; Ce82 ~_., ~ ~r r~,~J[l.LY111111 ` ~ ~ r ~~ ~~~. ,~~~k Y e Ce82 ~ ~ ~, -,~x,~c ~y•* ~.~ ~ ~~' t i ~ +~+ "` ~~^'~ 2 CBB 2 {¢~C,~ l~t ~^t~EY- ~ ~ a ~'~y~r^k oaf 1 ?,- y -1P N :• ~_ jTrrb±~ 'l~1 ~ „-},.• ~'~ A'1' q.M ,yf~'~ ~.` F 1 .~ ~ ~ .2~ {Yy". M hjj~ ~~Tit} ~ o+,er' •r ~ ti' ~ f~ ° L l b _R _ 16 ~ ..` J ~ I' ~ K:i.. ,~}'rte i~;+r :.~ ~{~ '~ _~ ~~;, } p. ~~ t Y Y ~~ ~. `~ ~ ~ ~` 3i. ~ ~ ,.,..r T' ~ +~ t ~ / ~~ A ~„~i i ~f t / ` ~ r r. {t u .. - ~' fi .. ~° - J ~ 393 ~ _ -t~ , r..,(.• ° ,•t~'~, 1 ..~ ~~ ~ ~ ~ ~~]k ~ S Gn GnB2 fi` ~+ ` ~ P ~~ ~• y ~ - .` f ~ ~ 2 t ` k 3w~` .M +• ~ ~ <~,~: ~• ~ Gn62 PeC2 '• - 139s r~ 3 ''' alt r~. xti CeB 2 ,~~ w .p__ - 1 y 1 ~ ~ - , ~ . ryy r '~. P0C~2 at,+ a eG - ~ ~ ~ ~S ~ ~ ~ , .1~eB .~ ti •, ids u ~~.~~~~ a r ~~// ., ,~ s `,~ i;", R~'"' 1396 "•. P UaA• Q Y~, &. „~,, a ., . '; ,~, ~ u e62 _ r hq ~Ititr ;a Fi. ! !_~ ~~ ~ eL Ate? Ud ~ } °,~ t ~ , ~. .~ y 3 a d o Cans fiord + ' ~ ~ :~~ ?,+ O ~ ~ 's • , ~i •. + . R `~'.`~ ''`e • P8D nth °~ M..-._ ~v ~~s ., .... ~+ r ... ~ ..: n.~ ~. . ..., ~ APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish borough: Lincoln City: Denver Center coordinates of site (lat/long in degree decimal format): Lat. 35 26 55 ° N, Long. 80 59 50° W. Universal Transverse Mercator: Name of nearest waterbody: Forney Creek Name of nearest Traditional Navigable Water (TN W) Into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 03-08-33 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ^ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different 1D form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 9/20/07 ® Field Determination. Date(s): 8/07 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: . B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence otwaters of U.S. in review area (check all that apply): ~ ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs ® Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 180 linear feet: 3 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by mean (average) high waters. Elevation of established OH WM (if known): 2. Non-regulated waters/wetlands (check if applicable):' ^ Potentially jurisdictional waters and/or wetlands 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 111 below. z For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically Flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION I11: 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.I and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summazize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OFTRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section lI1.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the 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 nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters aze Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: Note that the Ins-ructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply)• Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riftle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review arealyear: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.~ Explain: If factors other than the OHWM were used to determ ^ High Tide Line indicated by: ^ ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily Flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain f findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TIVW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximiri (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters aze Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): . ^ Vegetation type/percent cover. Explain: . ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( )acres in total aze being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size tin acres) Directly abuts? (YM) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity ota TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the Clow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplsin is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TN W? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDSRRE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ^ Tributaries 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 I[I.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 180 linear feet 3 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ^ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TN W are jurisidictional. Data supporting this conclusion is provided at Section 111.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ^ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED INTERSTATE OR INTRA-STATES WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: "See Footnote # 3. To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Ad Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ^ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicanUconsultant: ® Data sheets prepared/submitted by or on behalf of the applicanUconsultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. ^ Data sheets prepared by the Corps: ^ Corps navigable waters' study: ^ U.S. Geological Survey Hydrologic Atlas: ^ USGS NHD data. ^ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:l :24,000, Bessemer City . ® USDA Natural Resources Conservation Service Soil Survey. Citation:Gaston County Soil Survey. ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ® FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 1 ~ County: T,in~nln Project ID: River Basin: Catawba Bridge No: Minor Road Widenin Pipe Extension Route: Hwy 16 Stream: Unnamed tributary to Forney Creek, Class C Waters Water Quality Criteria: Yes No Stream Crossing Blue Line On USGS r ~ ORW ~ WSI r WS II,III OR IV, Crossing Within O.Smi of W.S. Critical Area ~ Roadway Criteria: Route Designation- Arterial Urban Arterial Rural Additional Site Information: Is a Hazardous Spill Basin Required? Yes No ,--. ,~ Yes No r Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997).