20090458 Ver 1_Application_20090422

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
April 17, 2009
EUGENE A. CoNTL JR.
SECRETARY
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208 ®90' ?
Asheville, NC 28801-2714 5 8
Subject: Nationwide 14 Permit Application
SR 1520 Landrum Road
Polk County
State Project No. 14C.075076 (DWQ Minor Permit Fee $240.00)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to replace and
extend two metal culverts under Landrum Road, SR 1520, to facilitate widening the
existing paved. One foot of pavement will be added to each existing 10-foot lane.
Landrum Road is a secondary paved road, which conveys local traffic.
I am enclosing a PCN,. drawings of a typical section of the road, drawings for pipe
culvert replacements, a marked county map, a USGS quad map and photographs.
The North Carolina Natural Heritage Database was checked for records of threatened
or endangered species. There are no records of threatened or endangered species for
the unnamed tributaries of Collinsville Creek. Additionally, there are no records for the
entire Collinsville Creek watershed from its headwaters to the North Carolina-South
Carolina line. The unnamed tributaries are small (4-foot wide) at Landrum Road and
do not have sufficient flow to support mussels. The impacts from the culvert
replacements will be minimal. The areas to be impacted are associated with road
shoulders and are highly disturbed. For these reasons, we believe there will be "no
effect" on threatened or endangered species.
Disturbances are limited to areas (i.e., existing culvert and shoulder areas) that have
been disturbed previously. The road is being widened along the existing road corridor;
therefore, new impacts will be minimal. Impacts to historic or cultural resources are not
anticipated. If the State Historic Preservation Office (SHPO) and the Office of State .
Division 14, District 1
Archaeology determines that further investigations are required, NCDOT will conduct
the appropriate site investigations and obtain compliance from SHPO prior to project
construction.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. Water will be pumped around the work area to minimize
erosion and sedimentation from the pipe trench. The construction foreman will review
all sedimentation control measures during installation to ensure sedimentation is
effectively controlled. If the planned devices are not functioning as intended, they will
be replaced immediately with better devices. The sedimentation control devices will be
in place prior to pipe culvert removal and remain in place until the new pipes are
installed.
Impacts to Waters of the United States
The unnamed tributaries of Collinsville Creek are shown as perennial streams on the
USGS topographic map. The streams are approximately 4-foot wide with well-defined
channels composed primarily of sand and gravel. The channels lack vegetation.
The unnamed tributary at site 1 flows approximately 1200 feet to the confluence with
the unnamed tributary from site 2. The merged unnamed tributaries then flow
approximately 1.2 miles to Collinsville Creek. Collinsville Creek flows approximately
3.6 miles to the North Pacolet River. The North Pacolet River meets the definition of a
Traditional Navigable Water. For these reasons, we believe that the unnamed
tributaries of Collinsville Creek are Relatively Permanent Water under the jurisdiction of
the U.S. Army Corps of Engineers. In order to replace the culverts, it will be necessary
to impact waters of the United States in the Broad River Basin.' Specifically, NCDOT is
.requesting to replace and extend two metal culverts in an unnamed tributary of
Collinsville Creek (DWQ Class: C). The proposed impacts are listed below.
Site Existing Condition Proposed Condition Net Impacts
Site 1 45'x 60" CMP 55'x 60" CMP 10'
Site 1A Free Flowing Stream Flow Diversion 80'
Site 2 40'X 60" CMP 50'x 60" CMP '10'
Site 2A Free Flowing Stream Flow Diversion 85'
Total Permanent Impact 20 linear feet
Total Temporary Impact for Impervious Dikes and Flow Diversion 165 linear feet
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act
for the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources
Commission (NCWRC) to comment directly to you concerning this 404 Nationwide
Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the
Clean Water Act from the North Carolina Department of Environment and Natural
Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr.
McHenry and Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT),
to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828)
891-7911 or Lori Jones at [phone].
Sincerely,(
/ ar.?
Mark T. Gibbs, P.E.
District Engineer
Enclosures
cc: Mr. Brian Wrenn DWQ, DENR, Raleigh (four copies)
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Troy Wilson, Biologist, U.S. Fish and Wildlife Service, Asheville
Mr. Mike Parker, DWQ, Asheville
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer
Mr. E.L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Ms. Lori M. Jones, P.E., Transylvania County Maintenance Engineer, NCDOT
File
c. x...... °Y

OF
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1520 Landrum Road
Polk County
NCDOT Division 14
O?O,? WAT _9;y
h
J y
o ?
Office Use Only.
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: ® Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NW 14 or General Permit (GP) number:
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 ? Norr404 Jurisdictional General Permit
? 401 Water Quality Certification- Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? Fortherecord only forDWQ401
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 ? No
1g. 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 1520 Landrum Road
2b. County: Polk
2c. Nearest municipality I town: Columbus
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: 140.075076
3. Owner Information
3a. Name(s) on Recorded Deed: NC Dept. of Transportation
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: NIA
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: District Engineer
4b. Name: Mark T. Gibbs
4c. Business name
(if applicable): North Carolina Department of Transportation
4d. Street address: 4142 Haywood Road
4e. City, state, zip: Mills River, NC 28759
4f. Telephone no.: [phone]
4g. Fax no.., [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable): N/A
5c. Street address: N/A
5d. City, state, zip: N/A
5e. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 10
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID): N/A
Latitude: 35.22291 Longitude: - 82.11017
1b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Collinsville Creek
proposed project:

2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Rural landscape is a mixture of forest and pasture with single family residences.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
Replace and add length to existing deteriorated pipes to increase shoulder width to facilitate road widening.
3e. Describe the overall project in detail, including the type of equipment to be used:
Replace and add length to pipe and build headwalls. Track hoes, dump trucks, water pumps, diversion pipe, and various
hand tools will be used to accomplish the work.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property! ? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments: N/A
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: N/A
Name (if known): N/A Other: NIA
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?

5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project? ? Yes ®No
6b. If yes, explain.
NIA
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? PEI T N/A N/A ? Yes
? No ? Corps
? DWQ N/A
? Yes ? Corps
W2 ? P ? T
? No .
? DWQ
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
? Yes ? Corps
W5 ? P ? T ?.No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts

2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3 b. 3c. 3d. 3e. 3f. 3g
Stream impact Type of impact Stream name Perennial Type of jurisdiction
0
6 Average
t Impact
length
number- (PER) or 4,1
(Corps-4 s
ream
Permanent (P) or intermittent DWQ - non-404, width (linear
feet)
Temporary (T) (INT)? other) (feet)
S1 ®P ? T Culvert UT to Collinsville
Creek ® PER
? INT ® Corps
® DWQ 4 10
S2 ? P ® T Flow Diversion UT to Collinsville
Creek ® PER
? INT ® Corps
® DWQ 4 80
S3 ®P ? T Culvert UT to Collinsville
Creek ® PER
? INT ® Corps
® DWQ 4 10
S4 ? PST Flow Diversion UT to Collinsville
Creek ® PER
? INT ® Corps
® DWQ 4 85
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
El PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts 20
3i. Comments: Total temporary impact for impervious dikes and flow diversion is 165 feet.
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number- (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ? PEI T N/A N/A N/A N/A
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: N/A
5. Pond or Lake Construction
If and or lake construction Proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1 WA N/A N/A N/A N/A N/A WA N/A
P2
5f. Total N/A N/A N/A N/A WA N/A N/A'
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): NIA
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If projectwill impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an im acts require mitigation, then you MUST fill out Section D of this form.
6a. ? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ? P ? T N/A N/A O Nos N/A N/A
?Yes
B2 ?P?T ? No
?Yes
B3 ?P?T ? No
6h. Total buffer impacts
6i. Comments: N/A
Page 5 of 10
PCN Form - Version 1.3 December 10, 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 culverts are being e)dended only to the length needed to bring this road up to current secondary road standards.
Headwalls will be installed to limit the need for additional culvert length.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
An impervious dike will be installed in the channels to minimize the water flowing into the work area at culvert installation sites.
Water will be diverted around the sites during pipe installation to limit downstream habitat and water quality degradation.
Appropriate BMPs according to the approved erosion and sedimentation control plan will be installed prior to culvert
installation.
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): ® DW Q ® Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
® Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: NIA
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from irHieu 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): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: NIA
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 1.5
6f. Total buffer mitigation required: N/A
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
N/A
6h. Comments: N/A
Page 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan

1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? Yes ® No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ®No
Comments: N/A
2. Stormwater Management Plan.

2a. What is the overall percent imperviousness of this project? N/A %
2b. Does this project require a Stormwater Management Plan? ? Yes. ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Proje ct is Covered by Individual NPDES
PermitNGS000250
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
? Certired Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stonnwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review

3a. In which local government's jurisdiction is this project? N/A
? Phase II
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply): [:1 NSW
? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply): ? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
? Yes ? No
5. DWQ 401 Unit Stormwater Review

5a . Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b . Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federallstate) land?
lb. 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 El Yes El No
letter.)
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500), Isolated
d St
d
d
? Yes ® No
ar
s,
an
Wetiand Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetlan
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): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality.
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This is a rural secondary paved road. The widening will add only 1 foot onto each lane to improve safety; therefore, the
road is not expected to contribute to any significant change. in development patterns.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field 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?
North Carolina Natural Heritage Database
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?
N/A-There are no marine or estuarine communities within the Blue Ridge Province
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? 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?
This project is limited to two culvert replacements and widening the existing road 1 foot in each lane; thus, new
disturbance will be minimal. The permit will also be reviewed by the State Historical Preservation Office.
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: N/A
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Mark T. Gibbs Tea 4/17/09
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is rovided.
Page 10 of 10
PCN Forth - Version 1.3 December 10, 2008 Version
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name SR 1520 Landrum Road Widening
2. Name of Property Owner/Applicant; NCDOT
3. Name of Consultant/Agent: N/A
*Agent authorisation needs to be attached .
4.. Related/Previous Action ID number(s): N/A
5. Site Address: N/A
6. Subdivision Name: N/A
7. City: Columbus
8. County: Polk
9. Lat: 35.222910N Long: 82.11017°W (Decimal Degrees Please )
10. Quadrangle Name: Fingerville West 35082-B1-TM-024
11. Waterway: tJT to Collinsville Creek tributary to The Broad River
12. Watershed: Broad River
13. Requested Action:
X Nationwide Permit # 14
General Permit #
Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: ® Section 10 ® Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site/Waters Name:
Keywords:
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section N of the ID Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER
C. PROJECT LOCATION AND BACKGROUND INFORMATION: SR 1520, Landrum Road Widening
Strdo:NC County/parish?borough: Polk City: Columbus
Center coordinates of site (lattlong in degree decimal format): Lat. 35.22291'N' Long. 82.11017°W.
Universal Transverse Mercator:
Name of nearest waterbody. Unnamed Tributary to Collinsville Creek (DWQ Class C)
Name of nearest Traditional Navigable Water (TN W) Into which the aquatic resource flows: North Pacolet River
Name of watershed or Hydrologic Unit Code (HUC): 03050105150020
® Check ifmop/diagram of review area and/or potential jurisdictional areas is/are available upon request.
D'+ 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: 4/612009
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RUA SECTION 10 DETERMINATION OF JURISDICTION.
There no "navigable waters of the US" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
s? Waters subject to the ebb and flow of the tide.
Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign coerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF
There Are `waters of the 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): r
Q - TNWs, including territorial seas
s e Wetlands adjacent to TNWs
® Relatively permanent waters" (RPWs) that flow directly or indirectly into TNWs
Q Non-RPWs that flow directly or indirectly into TNWs
Q 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
E) Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters -
0 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: 200 linear feet: 4 width (1t) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Estalilish ybde OHVI-' ][
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):
Q Potentiallyjurisdictional 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 III below.
For purposes of this form, an RP W is defined as a tributary that is not a TN W and that typically flows year-round "has continuous flow at least "seasonally'
to o ivnirrallv'1 mnnthcl
SECTIONIII: CWAANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections M.A.I and 2
and Section III.D.1.; otherwise, see Section ULB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes Information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under R4Pmroshave 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, slip to Section HLD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.d. .
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 fording 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 ousite wetlands, and Section IILB3 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'Lst
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into NW.
? Tributary flows through Piclt•List tributaries before entering TNW.
Project waters are Pick,L`'i;i river miles from TNW.
Project waters are Pick List river riles from RPW.
Project waters are Pick''+L at aerial (straight) miles from TNW.
Project waters are Picki, 6i aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNV:
Tributary stream order, if known:
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional fcatures generally and in the and
West
'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 Tributar Characteristics (check all that auolv):
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: PiekList.
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 tun/riffle/pool complexes. Explain:
Tributary geometry k',` k Li!
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review aree/year: Pie st
Describe flow regime:
Other information on duration and volume:
Surface flow is: Frck'-L s? t. Characteristics:
Subsurface flow: Pic- L . 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 (fist):
? Discontinuous OHWM.r Explain:
If factors other than the OHWM were used to determ
Q High Tide Line indicated by sf
? oil or scum line along shore objects
? free 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 C WAjurisdiction (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:
cA natural or man-trade discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OII WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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 findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildhfe 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 slate boundaries. Explain:
(b) General Flow Relationsbip with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pi Lis[
Characteristics:
Subsurface flow: Pick?Iist. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adiamncv Deteriniuationwith Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) proximity (Relationship) to =
Project wetlands are Mkl ist river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: pick-List.
Estimate approximate location of wetland as within the Pic- List floodplain.
(it) 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/wildli fe 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/ND Size (in acres) Directly abuts? (YIN) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS
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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic 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 TNW& Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section DID:
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 ID.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 M-D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
*?.' TNWs: linear feet width (ft), Or, acres.
Q Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNW&
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial : The stream is shown as a perennial stream on the USGS topographic map and has well defined channel.
Q 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 ID.D. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 200 linear feet 4 width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWsa that flow directly or indirectly into TNWs.
Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
0 Tributary waters: linear feet width (fl).
0 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 arejarisdictional as adjacent wetlands.
'?'+ Wetlands directly abutting an RPW where tributaries typically Dow year-round. Provide data and rationale
indicating that tributary is perennial in Section MD.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 MB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNW&
? Wetlands that do not directly abut an RP W, 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 TNW&
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 IIIC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters!
As a general role, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of tho U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
E) Demonstrate that water is isolated with a nexus to comineree (see E below).
E. ISOLATED [INTERSTATE OR INTRASTATE[ WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION ORDESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish an, 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.
Q 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 III.D.6 of the Instructional Guidebook
10 Prior to asserting or declining C WAiitrbdictiou based solely on this category, Corps Districts will elevate the action to Corps and EPA RQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates forjurisdictional waters in the review area (check all that apply):
!r Tributary waters: linear feet width (11).
Other non-wetland waters: acres.
Identify type(s) of waters:
tr Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
w? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Welland Delineation Manual and/or appropriate Regional Supplements.
El 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 solel on the
. "Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a fording is required forjurisdiction. Explain:
Q Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the solo potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (It).
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'Signific mt Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Q Non-wetland waters (i.e., rivers, streams): linear feet, width (fi).
Lakes/ponds: acres.
Othernon-wetlandwaters: acres. List type of aquatic resource:
Q 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 subrrritted by or on behalf of the applicanUconsultant:
?- Data sheets prepay xi/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sbeets/delineation report.
El Data sheets prepared by the Corps:
? Corps navigable waters' study:.
U.S. Geological Survey Hydrologic Atlas: -
? USGS NM data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite nano:
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):Culvert Site,Apr. 2009.
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
E« Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form covers two unnamed tributaries that merge to form an unnamed
tributary to Collinsville Creek The streams are similar in size and occupy similar landscape positions and are approximately 400 feet apart..
NWP 14 Site 1 Coordinates 35.22291° N / 82.11017° W
SR 1520
Landrum Road
Polk County
Existing & Prop. Center Line
1 -------------------- 2
Inlet Invert Elev. Replace Existing Perched Oulet Invert Elev.
992.0 45', 60" CMP with 55', 60" CMP 991.8
Thalwegs Approximately 20' from shoulder of existing road
1 992.4
2 990.7
" Drawing not to scale
Polk County
SR 1520 - Landrum Road
NW 14 Site 1- Lat. 35.22291-N - Lon. 82.11017°
Pic 1 - Inlet Sta. 146+00
Pic 2 -Outlet Sta. 146+00
P 14 Site 2
1520
drum Road
k County
Existing & Prop. Center Line
82.10014° W
1 2
--------------------- ------------------
Inlet Invert Elev. Replace Existing Perched Oulet Invert Elev.
990.3 40', 60" CMP With 50', 60" CMP 990.2
gs Approximately 20' from shoulder of existing road
1 990.9
2 990.1
' Drawing not to scale
1
Polk County
SR 1520 - Landrum Road
NW 14 Site 2 - Lat. 35.21677-N - Lon. 82.10014°W
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