20090394 Ver 1_Application_20090413

STATE OF NORTH CAROLINA
4
DEPARTMENT OF TRANSPORTATION a
y
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR
April 7, 2009
USACE
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator

090
Subject: Replacement of pipe structures (damaged by Hurricane Hannah on
September 6, 2008) conveying Double Creek on SR 1166 (Rolling Hills
Road) in Person County. WBS Element No.: DF12205.2073010
The North Carolina Department of Transportation (NCDOT) proposes to replace pipe structures
conveying Double Creek on SR 1 166 (Rolling Hills Road) in Person County (Figure 1). Note
that 3 a 96 inch corrugated metal pipe arches that are 120 feet long were severely damaged
during Hurricane Hannah on September 6, 2008. High water (luring the event caused a
catastrophic blow out of the road and pipe structures. Most of the pipe structures were deposited
in Double Creek approximately 100 to 300 feet downstream of SR 1166. The proposed
replacement structure is a 1 @ 36 foot x 13 foot con-span structure (three-sided culvert) that is 65
feet long. The Department proposes to install rip rap on the streambanks at the structure o
provide long-tern stability (Figures 2-5).
Impacts to Waters of the United States
Installation of the con-span structure will result in impacts to Double Creek (NCDENR-
DWQ Index No. 22-58-4-2, Best Usage Classification WS-11 HWQ, HUC 03010104) in
the Roanoke River Basin.
Permanent Impacts
Bank stabilization activities will result in new impacts to Double Creek. These impacts
are summarized below:
• 40 linear feet of bank impact.
Note that all temporary impacts associated with dewatering of the stream at the project
will occur within this proposed permanent impact. All temporary structures used for
dewatcring will be removed from the site upon completion of the project.
Division Fivc-2612 Nash Dukc Shccl, Durham, North Carolina 27704
Telephone: [phone] Fax: [phone]
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Waters of the U.S. Mitigation
Avoidance:
Flood waters associated with Hurricane Hannah on September 6, 2008 caused
catastrophic impacts to the structures that convey Double Creek. A replacement structure
must be installed to allow use of the roadway facility. The NCDOT hydraulics unit has
determined that the con-span structure is a suitable replacement for the existing
structures.
Minimization:
The proposed rip rap at the inlet and outlet of the structure has been minimized as much as
possible while providing the required long-tern stability.
Compensatory Mitigation: The Department does not propose to provide mitigation for the
additional rip rap installed on the streambank.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of April 7, 2009, the dwarf wedgemussel (Alasmidonta
heterodon) is listed as federally protected species in Person County. The record status of
this species in Person County is listed as "obscure", indicating that the date and/or
location of observation is uncertain Note that the project is located in the Roanoke River
Basin. The dwarf wedge mussel has not been recorded in this river basin. Accordingly,
the Biological Conclusion for this species is No Effect.
Summary
The NCDOT proposes to replace the existing structures conveying Double Creek on SR 1 166
(Rolling Hills Road) in Person County. Application is hereby made for a NCDENR-DWQ
Section 401 Water Quality Certification (WQC) 3687 and 3689 and Department of the Array
Section 404 Nationwide Pen-nit (NWPs) 3 and 13. An automated payment procedure has been
implemented between the NCDOT and NCDENR-DWQ. This procedure will enable the
Division to apply for the 401 WQC without submitting a check for this pennit application. This
procedure will provide payment to the NCDWQ by charging the permit application fee directly to
the appropriate NCDOT WBS Element No. DF12205.2073010. A pre-construction notification
and permit drawings are attached with this request. If you have any questions or need additional
i ,. information, please contact Mr. Chris Murray at [phone].
Sincerely,
J. W. Bowman, P.E. _r
Division Engineer
cc: Tim Robbins. NCDOT
Reese Briley, NCDOT
Division 5 Construction File
0, WAr4,
65
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 E] Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 3 and 13 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. 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
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 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: Replacement of pipe structures (damaged by Hurricane Hannah on September 6,
2008) conveying Double Creek on SR 1166 (Rolling Hills Road) in Person County.
21a. County: Person
2c. Nearest municipality / town: Oxford
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no WBS Element No.: DF12205.2073010
3. Owner Information
3a. Name(s) on Recorded Deed: N/A
31b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): J W Bowman, P.E., Division Engineer
3d. Street address: NCDOT Division 5 Office, 2612 N. Duke Street
3e. City, state, zip: Durham, NC 27704
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
31h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5E Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
Latitude: 36.3620469
1b. Site coordinates (in decimal degrees): Longitude: - 79.0962126
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 0.56 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Double Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-II HQW
2c. River basin: Roanoke
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:
Adjacent land use is wooded land. Flooding associated with Hurricane Hannah on September 6, 2008 caused blow out
of the road and conveyance structures.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
120 linear feet in project area.
3d. Explain the purpose of the proposed project:
Installation of replacement con-span structure
3e. Describe the overall project in detail, including the type of equipment to be used:
Installation of replacement structure to convey Double Creek on SR 1166 in Person County. State forces will remove
blown out (i.e. displaced) pipe segments in Double Creek located 100-300 feet downstream of roadway. Contractor will
remove remaining portions of existing structure at roadway and then install con-span structure. Contractor will need to
dewater a portion of Double Creek to install the con-span structure. Equipment will include backhoe, crane, etc.
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:
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:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ? No ® Unknown
this project (including all prior phases) in the past?
51b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ®No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® 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 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.0 acre
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. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)

S1 ®P ? T Rip rap bank
Double Creek ® PER ® Corps
25 ft 40 feet of
new
stabilization INT ®DWQ - -impact
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
40 ft of
3h. Total stream and tributary impacts new
impact
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 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 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f.'rotai open water impacts 0.0 ac
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 51b. 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
P2
5f. '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):
51k. 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 any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tor-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
61b. 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 ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
611. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Proposed rip rap at the inlet and outlet of the con-span structure has been reduced to minimum amount necessary to provide
long-term stability.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Temporary impacts associated with dewatering of Double Creek will be done within the permanent impacts.
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
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
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
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 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 9%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Permit application only involves
emergency replacement of structure on SR 1166 in Person County. No new impervio us surface is being added to the
project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwaler Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
[I NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
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 9 of 11
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 (federal/state) land?
1 b. If you answered 'yes' to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ® No
Comments: PCE has been signed by FHWA and will not be sent to the State
Clearing House.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
21b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 10 of 11
PCN Form -Version 1.3 December 10. 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? 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?
On-site evaluation.
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?
Available mapping.
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?
Consultation with Renee Gledhill-Early of Department of Cultural Resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Information from NCDOT hydro unit.
CIA '
7
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Applicant/Agent's Printed Name Signature
Applicant/Agent's Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page I 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
APPROVED JURISDICTIONAL DETERNIINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the 1D Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMA'T'ION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (.1D):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Replacement of pipe structures (damaged by Hurricane Hannah
on September 6, 200X) conveying Double Creek on SR 1166 (Rolling Hills Road) in Person County.
State:North Carolina County/parish/borough: Person City: Roxboro
Center coordinates of site Hat/long in degree decimal format): Lat. 36.362(7469° N, Long. 79.0962126°W.
Universal Transverse Mercator:
Name of nearest waterbodv: Double Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: South Hyco Creek
Name of watershed or Hydrologic Unit Code (HUC): 03010104
® Check if map/diagram of review area nn(I/orpotentieljurisdictional areas is/m'c available upon request.
-'?'' Check if other sites (e.g., otTsite mitigation sites, disposal sites, etc...) are associated with this action and we recorded on a
different JD titan.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
0 Office (Desk) Determination. Date:
0 Field Determination. Date(s):
SECTION 11: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OFJURISDICTION.
There Are no "navigable umters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as (refined by 33 CFR part 329) in the
review area. [ReyuiredJ
Q 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 intestate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There 'Are "waters q?the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
Q TNWs, including territorial seas
Q Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWS
0 Non-RPWs that flow directly or indirectly into "rNWs
p Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
0 Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TN Ws
f Wetlands adjacent to non-RPWs that flow directly or indirectly into TN Ws
0 Impoundments ofjuris(lictional 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: 40 ft permanent stream impact linear feet: 25 ft wide width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of,jurisdiction based on: EstablIshed1tiy:QHN!M,
Elevation of estahlishcd OH W M (if known):
2. Non-regulated watershvetlands (check if applicabte):a
F1 Potentially jurisdictional wetcrs anti/or wetlands were assessed within the review area and detennine(I to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For paposes nl this firm, an RPW is defined as a Ir hutary that is not a TNW and that typically IlmvS year-round or has continuous flow at least "seasonally
(e.g., typically 3 months).
' Supporting docummitation is presented in Section III.F.
SECTION III: C3\4A ANALYSIS
A. TNWs ANDWE'FLANDSADJACEN'I'TO'1'N'Ws
'fhe agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section II I.A.I and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
mad Section I II.D.1.; otherwise, see Section 111.13 below.
1. TNW
Wcntity'FNW:
Summarize rationale supporting determination:
2. Wetlandad,jacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
D. 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 Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN Ws where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at feast 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 III.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 mater 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 it 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 .ID covers a tributary with adjacent wetlands, complete Section III.D.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section 111.6.3 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.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:_
Watershed size: Pick LEist
Drainage area: ? ck List I
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through PckList tributaries before entering TNW.
Project waters are Pick-last river miles from TNW.
river miles from RPW.
Project waters arc PI F!
Project waters are Pick'List aerial (straight) miles from TNW.
Project waters are Pid_Eist aerial (straight) miles from RP W
Project waters cross or serve as state bounden ics. Explain:
Identify flow route to TNW':
Tributary strearn order, if known:
'' Now that the Instructional Guidebook contains additional intonnalion regarding swales, ditches, washes, and erosional fe;aures genemally mad in the and
west.
' Flow mute can be desutibed by identifying, eg., tributary a, which flows through the review area, to flow into tdbuwry h, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
'Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick_Lst.
Primary tributary substrate composition (check all that apply):
? Silts ? Sends ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/%cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pfc E s
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: PiclCt_isi
Estimate average number of Flow events in review area/year: $i&Tisf
Describe flow regime:
Other information on duration and volume:
Surface flow is: PicKUR. Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM' (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.t Explain:
If factors other than the OH W M were used to detenn
t?'Q High Tide Line indicated by: ^!
? oil or scum line along shore objects
? Pine 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 OHW M does not ncrocssmily scvcrjwisdiction (c.g., where the stream lemponuily flows underground, or where
the OH WM has been removal by development at agricultural practices). Where there is it break in the OHWM that is unrelated to the walethody's flow
ieginre (e.g., flow over a rock outcrop or through it 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. Cha mcteristics (type, average width):
? Wetland fringe. Characteristics:
? habitat for
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environntettally-sensitive species. Explain findings:
? AquaticAvildlife 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-TNW:
Flow is: P, c'ki.Lis't. Explain:
Sul ace flow is: Pi l ?iist
Characteristics: --
Subsurface flow: Pjck"Ljsi. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Detennination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
_Uii .
Project wetlands are P.ick;LisE aver miles IITom TNW.
pro ject waters are Prek Lis'taerial (straight) stiles from TNW.
Flow is from. P.ickLtst.
Estimate approximate location of wetland as within the P£Ick!h'iet floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality: general watershed
characteristics: etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Fedenadly Listed species. Explain Findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatie/wildlife diversity. Explain findings:
3. Characteristics of ail wetlands adjacent to the tributary (if an
All wetland(s) being considered in the cumulative analysis: Pickk?sf
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 pertimned:
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 inure 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 Rapnnos 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 it TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and litecycle support functions for fish an(I
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 TN Ws. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TN Ws. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain Findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
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:
Q 9N Ws: linear feet width (ft), Or, acres.
ir= Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TN Ws.
® Tributaries of TNWs where tributaries typically flow year-round arejmisdictional. Provide data and rationale indicating that
tributary is perennial: Water flow observed during drought, ordinary high water mark observed and pre-hurl icanc pipe size (3
a 96 inch CMPAs) arc indicative of perennial flow.
Q Tributaries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) arc
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for] urislictional waters in the review m-ca (check all that apply):
® Tributary seaters: JO R permanent linear feet 25 If width (ft).
0 Other nun-wetland waters acres.
Identity type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a "fN W or an RPW, but flows directly or indirectly into a TNW, and it has a Significant nexus with u
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates lbrjuisdictional waters within the review area (check all that apply):
E] Tributarywaters: linear feet width (ft).
Q Other nori-wetland waters: acres.
Identity type(s) of waters:
a. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
'r?'Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section 111.13.2, 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 IIIB 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 arejurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review arca: 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 arejurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates timjuristlictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters e
As a general rule, the impoundment of ajurisdictional tributary remainsjurisdictional.
j] Demonstrate that impoundment was created from "waters of the U.S.," or
s Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Q Demonstrate that water is isolated with it nexus to commerce (see E below).
ISOLATED ]INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION Oil DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):""
j] which are or could be used by interstate or foreign travelers for recreational or other purposes,
Q front which fish orshclltish rune or could be taken and sold in interstate or foreign commerce.
F1 which arc or could be used for industrial purposes by industries in interstate commerce.
0 Interstate isolated waters. Explain:
F1 Other factors. Explain:
'See Footnote # 3.
To complete the analysis refer to the key in Section III.D.6 of the instructional Guidebook.
°i Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the net inn to Corps and EPA HQ for
review consistent with Ilie process described fn the Corps/EPA dlemarandion Regarding CIVA Act furi.sdiedon Failaaving Rapanos.
Identity water body and summarize rationale supporting determination:
Provide estimates tbrjurisdictional waters in the review area (check all that apply):
rj Tributary watcrs: linear feet width (ft).
Other non-wetland watcrs: 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.
Q Review areo included isolated waters with no substantial nexus to intemrate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solcl on the
"Migratory Bird Rule" (MBR).
Q Waters do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non-jur'is'dictional waters in the review area, where the sole potential basis ofjurisdiction is the M BR
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):
gas Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
E] Other non-wetland waters: acres. List type of aquatic resource:
0 Wetlands: acres-.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
it finding is required forjurisdiction (check all that apply):
Q Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
E] Lakes/ponds: acres.
h?Q Other non-wetland waters: acres. List type of aquatic resource:
irs 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, approprintely reference sources below):
® Maps, plans, plots or plat submitted by on oil behalf of the applicanUconsultanr.
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheetsdelincation report.
? Office does not concur with data sheets/delineation report.
El Data sheets prepared by the Corps:
0 Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS N H D data.
? USGS 8 and 12 digit HUC maps.
Q U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
? Nationol wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
Q FEMA/FIRM maps:
yr 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
E] Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
El Applicable/supporting scientific literature:
? Other information (please specify):Site visit conducted on February 11, 2008.
13. ADDITIONAL COMMENTS TO SUPPORT.ND:
RE: SR 1166 -Person Co.
Subject: RE: SR 1166 -Person Co.
From: "Murray, Chnstopher A" <[e-mail]>
Date: Wed, 29 Apr 2009 09:08:13 -0400
To: Rob Ridings <[e-mail]>
Rob,
Sorry about the confusion. Yes, NCDOT geotech unit has identified bedrock at the
site.
Thanks
Chris
-----Original Message-----
From: Rob Ridings [mailto:rob.ridingsoncmail.net]
Sent: Wednesday, April 29, 2009 9:06 AM
To: Murray, Christopher A
Subject: SR 1166 -Person Co.
Chris,
I'm working on the 401 for SR 1166 (Person). It appears to be a bottomless culvert
crossing.
Just to be sure, since I didn't see it mentioned in the application, DOT has found
ample bedrock at this site to support a bottomless culvert, correct?
(Just one of those things that needs to be addressed on these types of
structures.)
Thanks,
Rob
Email correspondence to and from this sender is subject to the N.C. Public Records
Law and may be disclosed to third parties.
1 of 1 4/29/2009 9:08 AM
06-APR- ppp9 13:42
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