HomeMy WebLinkAbout20090258 Ver 1_Application_20090313
STATE OF NORTH CAROLINA
1
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
BEVERLY EAVES PERDUE EUGENE' RE JR.
GOVERNOR SECRE
March 10, 2009
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
Attention: Mr. Steve Lund, MS, PWS
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Bridge No. 131 over Cold Water Creek
Miami Church Road, Cabarrus County, NC
(DWQ Minor Permit Fee $240.00)
Dear Mr. Lund:
09020-8
The North Carolina Department of Transportation (NCDOT) proposes to rehabilitate
bridge number 131 on Miami Church Road in Cabarrus County by removing the existing
19.7-foot wide deck, driving new H-piles and adding a 28-foot wide deck. The NCDOT
also proposes to stabilize an eroding bank and an interior bent on the east side of the
bridge with Class I rip rap.
Protected Species
The North Carolina Natural Heritage Program GIS data layer for both state and federally
protected plant and animal species has been reviewed for this project and no known
occurrences have been previously recorded in this area or for Cold Water Creek. A fresh
water mussel survey has not been conducted for this project.
Impacts to Waters of the United States
This project cannot be completed without impacts to waters of the United States. This
project is located within the Yadkin River Basin (Hydrologic Unit # 03040105) and
stream impacts to Cold Water Creek will be incurred as a result of this project being
constructed. There will be 35-linear feet of permanent impacts to Cold Water Creek.
Avoidance/Minimization
The proposed impacts to the jurisdictional areas on this project have been minimized as
much as practical. NCDOT's best management practices for bridge demolition activities
716 West Main Street, Albemarle, NC 28001 9 (704) 982-0101 • Fax(704)982-3146
and the protection of wetlands and surface waters will be adhered to during all phases of
project construction in an effort to eliminate any additional impacts.
Summary
The purpose of this letter is to request authorization to construct the proposed project
under a Section 404 Regional General Permit No. 198200031. Application is also made
to the North Carolina Division of Water Quality (NCDWQ) for Section 401 Water
Quality Certificate (WQC) No. GC3704 that is required for this project.
If you have any questions or need any additional information concerning this project,
please feel free to contact Mr. Larry Thompson, Division Environmental Supervisor, at
(704) 982-0101.
Sincerely,
2'7S914? /'/
Barry S. Moose, PE
Division Engineer
BSM/LBT
cc: Polly Lespinasse, NDWQ
Garland Haywood, BME
Area Field Operations Unit
File
0O0- ¦W A7?F.q
?1?wv?-i
O lqii? Y
Office Use Only:
Corps action ID no.
DWO project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
I a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ®Section 10 Permit
1b. Specify Nationwide Permit (NWP) number. or General Permit (GP) number. 198200031
1c- Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the recor
because written approval is not requid red? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
Yes
El
® No
I g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ®No
2. Project Information
2a. Name of project: SR 1132 (Miami Church Road)
2b. County: Cabarrus
2c. Nearest municipality / town: Mount Pleasant
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: 10B.201311
3. Owner Information
3a. Name on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Forth -Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Barry S. Moose, PE
4c. Business name
(if applicable): NC Department of Transportation
4d. Street address: 716 W. Main Street
4e. City, state, zip: Albemarle, NC 28001
4f. Telephone no.: 704-982-0101
4g. Fax no.: 704-982-3146
4h. Email address: bsmoose@ncdot.gov
5. Agent/Consultant information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 12
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): 35.4361881'N - 80.5304'W
1c. Property size: .2 (right-of-way width x project length) acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Cold Water Creek (Hydrologic Unit 03040105)
2b. Water Quality Classification of nearest receiving water. C
2c. River basin: Yadkin
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:
The existing bridge on SR 1132 Miami Church Road, Cabanus County is 171 feet long and 19.7 feet wide. The land to
the north of the site is mostly pasture with mixed hardwoods along the creek. The land to the south is forrested with
mixed hardwoods. There are single family homes located in the vicinity of the project.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
50-feet (50-feet is used due to our ROW being 50-feet. The new foot print of the project will be 28 feet. Creating an
additional 8 feet of linear stream impacts.)
3d. Explain the purpose of the proposed project:
The purpose of the project is to improve the safety and service level of the current bidge by widening it from 19.7' to 28'.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing bridge deck will be removed using NCDOTs BMP's for bridge deck removals. New H-piles will be driven into
the stream bed and aligned with the existing piles and concrete bents for the bridge widening. NCDOT is proposing to
stabilize at least one eroded section of bank on the east side of the project and the bent that is located just in front of the
bank with Class I rip rap (27 linear feet of rip rap). Typical bridge construction equipment will be used for this project:
Trackhoe, crane, dump trucks, paving equipment and various hand tools.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: NCDWQ
Name (if known): Polly Lespinasse Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
February 2, 2009
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form - Version 1.0 November 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la- Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed 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 Type of wetland Forested (Corps - 404, Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary
W1 ? P ? T ? Yes ? No ? Corps
? DWQ
W2 ? P ? T ? Yes ? No ? Corps
? DWQ
W3 ? P ? T ? Yes ? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No ? Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts 0
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. 3b. 3c. 3d. 3e. 3f.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number- impact internittent(INT)? length
Permanent (P) or (linear feet)
Temporary (T)
Drive H-
Piles at
S1 ®P ? T existing Cold Water Creek ® PER ? INT 60 feet 8 feet
bridge
piers
Bank
S2 ®P ? T Stabiliza- Cold Water Creek ® PER ? INT 60 feet 27 feet
tion
S3 ? P ? T ? PER ? INT
S4 ? P ? T ? PER ? INT
S5 ?P?T ?PER ?INT
S6 ?P?T ?PER ?INT
3g. Total stream and tributary impacts 35 feet
3h. Comments: Class I rip rap will be placed behind and around the concrete bent on the east side of the existing bridge to
stabilize an eroding bank and to keep the bent from being undermined.
Page 5 of 12
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
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 individual list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary M
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
Page 6 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
6. Pond or Lake Construction
If and or lake construction pro sed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Welland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
6f. 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 impacts require mitigation, 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 (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
B1 ?P?T ?Yes ?No
62 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer Impacts
61. Comments:
Page 7 of 12
PCN Form - November 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed impacts for this project have been limited to just those necessary to facilitate the widening the existing
bridge. Measures will be taken to prevent any additional impacts to the stream by adhereing to NCDOT's BMP's
throughout the life of the project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
NCDOT personnel will take care to keep debris out of Cold Water Creek by utilizing tarps and/or plywood secured
underneath the deck. H-piles will be driven from the existing bridge deck. No equipment will be allowed to enter Cold
Water Creek during project construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank
El 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 Perrnittee Responsible Mitigation Plan
5a. If using a penmittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. 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).
6d. Comments:
Page 9 of 12
PCN Form - November 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? ? Yes ? No
2. Determination If the Project Requires a Storwater Management Plan
2a. Does the project require a Non404 Jurisdictional General Permit? ® Yes ? No
2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? ? HQW
? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ® Other: NCDOT Phase II
3b. In which local government's jurisdiction is this project? N/A
3c. Is this local government certified to implement a state stormwater program? ? Yes ? No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stonmwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Storwater Review
There is a 3% increase in
4a. What is the overall percent imperviousness according to the most current site plan? impervious area due to the
widening of this bridge.
4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No
General Certifications 3704 and 3705?
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
Site changes will result in a 3% increase in impervious area.
4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ONO
for each stormwater BMP?
Page 10 of 12
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/statellocal) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered 'yes' to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
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 It 5A NCAC 2H .1300), DWQ Surface Water or Weiland 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.
WA
Page 11 of 12
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information, continued
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?
El Raleigh
Sc. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you, use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Program GIS database and field review for suitable habitat.
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?
South Atlantic Fishery Management Council
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?
NCDOT GIS database/NCDOT Historic Architecture Group and National Register of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: Project is exempt from FEMA requirements. .
8c. What source(s) did you use to make the floodplain determination? NCDOT GIS data layer (Cabarus County Flood Zones)
Barry S. Moose, PE 51404-'* /
C'
'
6 03/10/09
Applicant/Agents Printed Name _Applicant/Ageds-SignaUme
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 12 of 12
PCN Form - November 2008 Version
EI N
? y
~ ? g
op
°
? s z 0 £o
4 VSS
d ~ ?
U) ?? C
=6 O
_ X
a_ W D
?zo
U a °-
U?
3
a
ii A Q
'30
? 'q
yew
¢?
x 9
?
? ?y i
"`I i iU0
iq
H p
fiq;•
ap° ? 8
LL]
®®
17 > o
4.
®
®
^
o f w
CD
°
? M o
W 6
?>
?C)
N
o
D m I S
tt'T,,
z?
O z A?
O
h
8 ? p J
U 23 i L
S O
V
109 AhlH woul S37IN Wo (N HUM) iwm Ull-?IS I£IOZI #Uff .139fO?Id
„no-o=-a.=-¢r..a".=o-=.-aww? a=..?w=iwo?w K, .eo„a?:?,ww=??.:$i?o°s o°iw'.o?`::=ooi=avpOo
K'Si 6COZ-tlm-f0
° 00
?
I s
jJ
= ?
\
\ rip
y0
qN.
rv
C
ec Z o
[ U ?o
a' \
\
?
x
3rd
,4e W
D
l
3o
I i
I q ?
y
E
I I'? ? i.
? GF
1?
KI '
1 Fez
I?? ?
z ?
W e°
9 ?
?
y
V
?1/ . , a
U O H L
co U
W
x
z 7 a . H w
? yk w V) U z
x
v? ti
°?
m
H z
o
LLJ
n
a
Q
e
x x
Q
& I x<
I ? °
? H L? ?
cn LL
- = Y
z®® `' ? II?
? ? H A W ? Q z o
z I^
V
~
~
?
9 ? I I? V/ - Q ? L
?°
N o
o w ?
v a cn
CO Q J
CO
s
rF
? ?
U w
N
Y
v ?
? f,
?
O
f?.4?
N
y,
Cr w
w w In
01
? ?
V u O
LL o
?A
=mo
LL
o h
a y
< o
?
y I- LLJ
M
^I O i ^
U?
_
< Li
w
ti m,XXXF
q r in
a
N
3 Q Q
LLJL Q ? x x II x .? ? ?
$ o r >
v d
^
s a
o
a_ 4 `s 's
? ,w a
W ? a_
y
z
z
cl:? w 01 W
5
d
U 2
o o
?6
109 -AM WOU MIN SCO OH H)MfM0 JMW Z£li-?IS I£IOZI #?IS.'jgyfowcr
uoo"0>-aoa-rti .?a-uso->a-siuu?p. u»?u> wolw ¢i eeoi?a?sn??ouoa?lub(ioiv'"i9iui Boa 'sadvi?dvv
Zf'9 6002-UVrv-CO
FI
fo ?'
?
? S
agg7
b
z
py
,Y
$4 g
8
V 9e
^O n
U a ? O
C
V
?
I?
'qe' C
rJ
I ? Y
I
I !
I ? y q
Lh c
~ ?.
ee h
kk7
F a
O VU Z LL
?
! 3
? i 0
i'Y
? ? N 6 t
? y7
? cn
z
? I
I
I I
F? F
I h ?
I to
t}`g
f0:
q
a I? o
V a a s'.
U "
x
,_I
? y
I-, O N O
I m
?
d A
1
pq
W '13.' O I I m ??
I o
00
? I
I U
F W
V)
W\
=
=
?
q V U
/r
®
®
d
O
` O
G.
O
(f 'Zb ??
!!
o
W O4 m w Z?
u o
a a
cn_
= ?
Z
u O n
W r
F ! X X X
F ? O
4 O
U
U ? i L
W
J
a
U '- o
o
109 AMA mowl SHTIW sa (W Ho?IIIomm Zfll-?IS I£IOZI #wr urayfo Id
?av-o=-ao= ier.?a Aso ==-slv:nw a=?w=Iwolw leI"aapl?C\9????G?=a$E$yiSiB-'8:5w°?oa'm$oi:c?:°v
zosl sooz-xarv-ro
List of property owners for Bridge No. 131 over Cold Water Creek, Miami Church
Road, Cabarrus County, NC.
North East: A NC Limited Partnership PO Box 346, Concord, NC, 28026
North West: Robert D. Garmond 2501 Miami Church Road, Concord, NC, 28025
South West: Andrew Benson Christenbury Jr., PO Box 1028, Rockwell, NC, 28138
South East: William R. Wilkinson 2800 Miami Church Road, Concord, NC, 28025
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/borougb: Cabarrus City: Concord
Center coordinates of site (lat/long in degree decimal format): Lat. 35.4361880 N, Long. -80.530009° W.
Universal Transverse Mercator:
Name of nearest waterbody: COLD WATER CREEK
Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: COLD WATER CREEK
Name of watershed or Hydrologic Unit Code (HUC): YADKIN (03040105)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION 11: SUMMARY OF FINDINGS
A. RUA SECTION 10 DETERMINATION OF JURISDICTION.
There 'Are "navigable waters ofhe 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 maybe susceptible for use to transport interstate or foreign commerce.
Explain: Navigable by law.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters ofhe US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
® TNWs, including territorial seas
? Wetlands adjacent toTNWs
? Relatively permanent waters' (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 TN Ws
? 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 TN Ws
? 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 wafers: 50 (ROW width) linear feet: 60 width (fl) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by 011 M
Elevation of established OHWM (if (mown):
2. Non-regulated waters/wetlands (check if applicable):'
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be notjurisdictional.
Explain: Project area is limited to the existing bridge footprint.
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
'Supporting documentation is presented in Section BLF_
SECTION 111: 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 IIIA.1 and Section IILD.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2
and Section IH.D.I.; otherwise, see Section IH.B below.
1. TNW
Identify TNW: Cold Water Creek.
Summarize rationale supporting determination: Cold Water Creek is traditionally navigable in the review area in that it is navigable
by law.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": N/A.
B. CRARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under RiWairos 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 HI.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 waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HLB.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HI.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TN W s:
4 Note that the instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
WesL
' 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.
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that aoolv):
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//ocover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/rif Idpool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of Flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? 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.7 Explain:
If factors other than the OH W M 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
ne lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
`A natural or man-made discontinuity in the OHWM does not necessarity severjurisdiction (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 mck outcmp or through a culvert), the agencies will look for indicators of flow above and below the break-
, Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into 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-TN W:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TN W
Project wetlands are Pick List river miles from'FNW.
Project waters are Pick List aerial (straight) miles from TN W.
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 (mown:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)_
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions 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 of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. 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 floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TN Ws, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic 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 111.1):
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 IILD:
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 111.13:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
® TNWs: 50 (ROW limits) linear feet 60 width (ft), Or, acres.
? Wetlands adjacent toTNWs: 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 TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section 11EB. Provide rationale indicating that tributary flows
seasonally:
Provide estimates forjurisdictional 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:
3. Non-RPWs° that flow directly or indirectly into TNWs.
? Waterbody that is not a TN W or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of ajurisdietional 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 INTRASTATE) 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 he 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 I I I.D.6 of the Instructional Guidebook.
" 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 Corp&%PA Memorandum Regarding CWA Act Jaris&cdon FoUowing 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.
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 forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
? Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: (1 inch equals 1143 feet) CONCORD SE.
? USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ? Aerial (Name & Date):
or ® Other (Name & Date): NCDOT supplied photographs..
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicabletsupporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
?' M...ti it • 1
f? E
era
nohFirecrest'I
w C0 N
ros?c
S f ? -?, n c ` O 1
m N - ro !
µ - dot a, ?o? J?cr, U ! OI irpoct
f! F?\r?9 ?? ',.?u U 12 'F-Wid Fa rte`
m:
r US 60 YPA? S 65 n
fl ? immmger' ry
rWoodla 120
? r
i = 49 N? 49 I S a? ?e
E
20150 ° c`'`crt; ?:i as
try ` ° i?
1 Zion (,hUr(1•''
Pi ta, SR 11
s d 1 43 n ?a
u
SR 1154 zm
° a y ' a Phoen X
Y'h! G `c m
eo a
1149
a - , oar" ?•x? 2 075
la ? N,
r \ 3 b MCAonulty G
a A
° - SR 1151
Sp 1 4 rgge 'L
Bostwood
8 a atox 1 0 tiC Ir
l?l
ZY
Mon
Ch 40 =
%
37 r
• ?. _ / Bridge # ' IL
64 7 /
C7 .
.? 1." F ?;•? •1? •, `?I -_ ? , 50
? r
?. /? I ? _ , •l Jim ? - - - -,
7•W
Name: CONCORD SE Location: 035'21'46.89" N 080'32'02.11" W
Date: 3/3/2009 Caption: SR 1132, Miami Church Road
Scale: 1 inch equals 1143 feet Cabarrus County, Bridge # 131
. A1w .
`•F .
x?l ? {
w ...
? ' I tW N9 • ? ?
4?
,ff,
1
I
I Y{ ??'A
?? s rTT
4 k l4K
7A P
10
C7
Wit
F
A 1
I Il
4r j4l.
?.l
r
i
R
?Y
I
'' ';gar