20160356 Ver 2_Other Agency Comments_20180501

UJ.S. AR1VdY CORPS OF ENGIN�]ERS RECEIVED
WILMINGTON DISTRICT
Ac[ion Id. SAW-2016-00841 County: Clnv U.S.G.S. Quad: NC-HAYCSVILLC.
-�qpY 1 2 2016
G�N�RAL P�RMIT (R�GIONAL ANID NATIONWID�) VERIFICATION
Permittee: NCDenartmentofTrnnsom•tation,Divisiould DIVISION 14
Address: 253 Webster Road
Svlva, NC, 28779
Telephone Number: 828-SSG-2141
Size (acres) 1 Nearest Town Havesville
Nearest Weterwey Pecicerwood Brnnch River Basin Hiwessee
USGS HUC 06020002 Coordinates Latitnde: 35.07867G05G06
Longitude:-83.75619620dd654
Locntion description: The oroiect site is locxted at Bridee 76 on SR 1326 (Tnsquitee Rondl over Pecicerrvood Brnnch in Clav
Cotmtv, NortL Cnrolina. NCDOT has idenNfied tLis oroiect as 17BP.14.R.88.
Description of projects area end activity: The aoolicnnt m•onoses to renlnce au existine, deteriorated bridee with an ne�v
nlnmintun box culvert. The old brid2e is identificd us Bridee #76 over Pecicerwood Brunch on SR 1326 (Tnsauitee Roadl in
ApplicaUle Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorizetion: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transoortation
Pro ects.
SEE ATT.9CHED RGP or 1VFVP GENEItAL, REGIONAL AND SPECIAL CONDITIONS
Yonr work is anthorized by tlie above referenced permit provided it 3s accomplished in strict accordance with the attached
cmiditions nnd yonr snbmitted applicntion and flttached infm•matlon dated 04/11/2016. Any violation of the attached
conditious or devintion Firom yom� snbmitted pinns may snbject tlie permittee to a stop worlc order, n restm•etion m�der, n Cl�ss
I administrntive pennity, and/m• approprinte legnl ncHon,
Tlus verification will remau� valid until the expiration date identified below uuless the uationwide authorization is modified,
snspended or revolced. If, prior ro Hie expiration date identified below, the nztionwide permit authorization is reissued aud/or
modified, tUis verification will remain valid until the expiration date ideutified Uelow, provided it complies with all requn•ements of
the modified nationwide permit. ]f the natiomvide permit authorization espa•es or is suspeoded, revoked, or is modified, such that tl�e
activiTy would no longer comply witl� tUe terms and conditions of the nationwide permit, activities wliich have commenced (i.e., are
under consh•uction) or are under contract to covunence in reliance upou the ufltionwide pernut, will remain authm�ized provided the
activity is completed within hvelve months of tlie date of the nationwide permit's expn�ation, modification or revocation, unless
discretionary authority l�as been exercised on a case-by-case basis to modify, suspend or revolw the authorizetion.
Activities subject to Section 404 (as indicated above) may also require an individual Sectiou 401 Water Quality Certification. Yon
should contact the NC Division oF Water Qnality (telephone 919-807-G300) to determine Section 401 requu•ements.
For activities occurriug within the twenty coastal coimties subject to regulation under the Coastaf Area Managemeut Act (CAMA),
prior to beguwing work you must contact the N.C, Divisiou of Coastal Management in Morehead City, NC, at [phone].
Tlus Departmeut of thc Pa�my verificntion does not relieve the permittee of tHe responsibility to oUtain eny other required Federal,
State or local approvals/permits.
continued

ActionId. SAW-2016-00841
SPECIAL CONDITIONS
1. All recommendations In the attached letter from the North Carolina Wildlife Resoarces Coromission dated Mav
]0. 2016, are herebv inco�roorated ns snecial conditious of U�is ne��mit.
2. In order to comoensnte fm• imoacts associated with tl�is nermit mitie�tia� s6a11 be �rovided in accm�dance with
the nrovisions ontlined on the most recent version of tl�e attacited Comoensatm•v Midefltlon Resnmisibilitv
Transfer torm The repnirements of this form indudine anv snecinl cmiditions listed mi this form, flre herebv
incm�oa•ated as snecinl conditions of this nermit nuthorizatimi,
If there are auy qnestions regarding this verification, any of the condi[ions of the Permit, a• the Corps of Engineers regulatory
prograw, please contact Monte Matthews nt 919-554-4884 x31 m• Mm�te.IC.Mntthews(rdas�ce.armv.mil.
Corps Regulatory Official; wrK Date; 12 Mav 2o1G
Expiration D�te of Veri£cation: 03/IS/2017

Actionld. SAW-201G-00841
Determination of Jurisdiction:
A. � Based ou preliuuuary infonnation, Uiere appear to be waters of tUe US including wetlands within tl�e nbove described project
area. This preliminary determination is not an appealable actiou wider the Regulato�y Program Adminishative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ Tliere are Navigable Waters of tl�e United States witliin Uie above described project area subject to the pennit requirements of
Section 10 of tUe Rivers and Hnrbors Act and Section 404 of the Clean Water Act. Unless thera is a change in the law or our
published regulations, tliis determuiation may be relied upon for n period not to exceed five years fi�om the date of this
notification.
C. ❑ There are waters of the US and/or wetlands witlun tl�e above described project area subject to the permit reqan•ements of
Section 404 of the Clean Wnter Act (CWA)(33 USC § 1344). Unless there is a clia»ge in tlie law or ow� puUlished regulations,
this determination may be relied upon for a period not to exceed five years fi•om the date oFthis notification.
D. 0 The jurisdictional areas witliln the above desm•ibed project area have been identified under a previous actiou, Please reference
jurisdictional determinntion issued . Action ID: SAW- .
Basis For Determination: Evidence of nn ordinary higl� water merlt as determiued by qnalified NCDOT
envirmimentnl persamel. Pecicerwood Branch is a h�ibntary of tlie Little Tennessee, a TNW.
Remal'ks: Evidence of arc ordinary high water marlc as determined by qualified NCDOT environmentnl personnel.
�. Attention USDA Progrnm Participants
T6is detineation/detennhiatiou l�as Ueen conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may uot Ue valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA progrnms, you should request
a certifed wetland determination firom the local office of theNahu�al Resoiu•ces Conse�va[ion Service, prior to starting worlc.
R. Appeals Infol•mt�tion (Tliis informntion applies mdy to npproved jm•isdictional determfnations as indicated in B
nnd C nbove).
This coi�•espondeuce constimtes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Coips regulations at 33 CFR Pait 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) Form, If you reqnest to appeal this deteimination yon
must submit a completed RFA form to the following address;
US Army Co�ps of Engineers
South Atlantic Division
Attn; Jason Steele, Review Officer
60 Forsyth Sh•eet SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determiue that it is complete, thzt it meets the criteria for appeal
under 33 CFR part 331.5, and tUat it lias been received Uy the Division Office with'v� 60 days of the date of the NAP. Should you
decide to suUmit au RFA form, it must be received at the above address by 12 July 2016.
*�It is not necessary to suUmit an RFA form to the Division Office if you do not oUject to the determination in tliis correspondence.**
CorpsRegulatoryOfficial: ��IN\`FiE�--
Ma�te Mattl�ews
Date of JD: 12 Mav 201G Expn•ation Date of JD: prelimhinrv JD's do not exoire.

Action Id. SAW-2016-00841
The Wilmington District is committed to provid'u�g tlie liighest level of support to tlie public, To l�elp as ensure we
covtinue to do so, please complete our ciistomer Satisfactiou Survey onliue at httN://re a� latoiy.usacesurve, .v com/.
Copy furnisUed:
Agent: NC Dennrtment of Transom•tatim�, Division 14
Address: 253 Webster Road
Svlva. NC, 28779
Telephone Number: 828-586-2141

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� l�orth �arolina �7rlildlif� Resources Cornmission �
Gordon Myers, �xecutive Director
I' I �/� I". ��, �� II� ���� II
TO:
rROM:
May 10, 2016
I,ori Becicwitl�, NCDOT Regulatory Yroject Manager
Asheville Regulatoiy Field Office, USACE
Mar1T Chambers, Western NCDOT Coordinator �� ��o�- � a-�n�u.-
I3abitat Conservation Program, NCWRC
5UBJECT: Review of NCDOT's npplication for Sectiou 404 and 401 permits to repllce
Bridge No. 76 over Peckerwood Branch on SR 1326 (Tusquitee Roacl), Clay
CoLmty, North Carolina.
Tl�e North Carolin� Depaitment of Trausportation has submitted an applicaiion fo obtain a
Section 404 Perinit fi•om the U.S. Ariny Corps of Engineers and a 401 Water Qu�lity
Certi£ication fi•om lhe NC Division of Water Resources. Staff biologists with the North Carolina
Wildlife Resources Commission have reviewed the informltion provided. Tliese comments are
provided in accordauce with the provisions of tlie state and federll Enviromnental Policy Acts
(G.S. 113A-lthrough 113-10; 1 NCAC 25 and 42 U.S.C. 4332(2)(c), respectively), the Clean
W�ter Act of 1977 (33 U.S.C. 466 ei seq.) and ihe Pisl� aud WildliPe Coordination Acl (48 Stat.
401, as lmended; 16 U.S.C. 661-667d), as appliclble.
The NCDOT proposes to replace Bridge No. 76 ovei• Peckerwood Braucli on SR 1326
(Tusquitee Roacl) with �n alumiuum Uox culvert measuring 20'6" W x 7'3" H x 40' L on a 1.2
percent slope usiug au offsite detour. Notclied sills will be used to inaintain charuiel width. The
projecf will also impact au wmamed iributaty by riprap use and temporaty dewatering.
Permaneut stream unpacYs include �40 linear feet Por Uie culveit and 55 lf for riprap and
floodplaii� Ueiich coustruction. Temporaiy impacts total 180 IPfor flow diversion. We �re
disappointed fhat this pro.ject, iuvolving �i trout stream, was previously planned as a bcidge, but
has been redesigned as a culverC Brown and Rainbow Trout resources are expected downstream,
flierefore a moratorium prol�ibiting in-stream worlc and l�ud distnrbence withiu the 25-foot tront
M�iling Address: H�bitat Conservation ^ 1721 Mail Service Center = Raleigli, NC 27699-1721
Telep6one: [phone] = I�ax: [phone]

BRIDGE NO. 76, SR 1326 PAGE 2 MAY 1Q 2016
PECI{ERWOOD BRANCH, CLAY CO.
buffer should apply from October 15 to April 15 to protect the egg and fry stages of h•out.
Sedimeut and erosion control should adhere to the Design Standards in Sensitive Watersheds.
NCWRC does not object to the issuance of the Section 404 and 401 permits provided that the
following conditions are implemented:
1. In-stream work and land disfirUance within the 25-foot wide buffer zone are prohibited
during the h•out spawning seasons of October 15 tku•ough April 15 to protect the egg and
fry stages of tr•out.
2. Sediment and erosion control measures shall adhere to the Design Standards in Sensitive
Watersheds and be strictly maintained until project completion.
3. HerUaceous vegetation shall be planted on al] bare soil as soon as possible following the
completion of permanent or temporary ground disturbiug activities to provide appropriate
long-teirn erosion conh•ol.
4. Tall fescue and straw mulch shall not be used in riparian areas. We encourage NCDOT
to ntilize onsite vegetation and materials for bank stabilization when practicable. Erosion
control matting shall be used on steep slopes and for establishing permanent vegetation in
riparian areas. The matting shall be well anchored with staples or wooden stakes and,
whenever possible, include live stakes of native trees. Matting in riparian areas should
not contain plastic mesh, which can entangle and tr•ap small animals.
5. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into the waterway.
6. The natural dimension, pattern, and profile of the waterway above ancl below the crossiug
should not be inodified by widening the channel or changing the depth of the waterway.
7. Removal of vegetation in riparian areas should be minimized. Native trees and s}u•ubs
should be planted along the banks, as appropriate to the setting, to reestablish the riparian
zone and to provide long-term erosion control.
8. Grading and backfilling should be minimized, and tree and sluub growth should be
retained, if possible, to ensure long tei�n availability of shoreliue cover for fish and
wildlife.
9. Where practicable, riprap placed for bank stabilization should be limited to the banks
below the high water mark, and vegetation should be nsed for stabilization above the high
water elevation.
10. If concrete will be used during constr•uction, work must be accomplished so that wet
(uncured) concrete does not contact surface waters. This will lessen the chance of
altering the water chemistry and causing a fish ltill.

BRIDGE NO. 76, SR 1326 PAGE 3 MAY 10, 2016
PECI�ERWOOD BRANCH, CLAY CO.
11, Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is prohibited.
12. Heavy equipment should be operated fi•om the bank rather than in the charuiel whenever
possible in order to minimize sedimentation and reduce the likelihood of introducing
other pollutants into tUe waterway. All mechanized equipment operated near surFace
waters should be inspected and maintained regularly to prevent contamination of surface
waters fi•om fiiels, lubricants, hydraulic fluids or other toxic materials,
Thank yon for the opportunity to ieview and comment on this project. If you have any questions
reg�rciing these coirunents, please contact me at marla.chambersCi�ncwildlife.org or (704) 982-
9181.
cc: Amy Chapman, NCDWR
I�evin Bainett, NCDWR
Dave McHenry, NCDOT

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatorv Mitisation Responsibilitv Transfer Form
Permittee: NCDOT, Division 14 (At4n: Dave McHenry) Act(on ID: SAW-2016-00841
Project Name: BR 76 on SR 1326,17BP.14,R.II8 County: Clay
Instructlons to Permittee: The Permittee must provide a copy of this form to the Mltigation Sponsor, either an approved
Mltigation Banlc or the North Carolina Div(sion of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mltlgation responsibility. Once the Sponsor has slgned this form, it is the Permittee's responsibllity to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mltigation Sponsor will be
used to provide the mitigatlon associated wlth the permit, or if the impacts and/or the mitigation wlll occur in more than one
8-digit Hydrologic Unit Code (HUC�, multiple forms wlll be attached to the permlt, and the separate forms for each Sponsor
and/or HUC must be provided to the approprlate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verlfy that the mitigation requlrements (credits) shown below are avallable at the
Identified site. ey signing below, the Sponsor is accepting full responsibility for the Identifled mitigation, regardless of
whether or not they have recelved payment from the Permittee. Once the form fs signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitlgation Office (see contact Information on page 2). The Sponsor must also comply with all
reporting requirements establlshed In their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Repulrements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 06020002, Hiwassee River Basin
Warm I Cool I Cold � Riparlan Riverine
one mitigation sponsor will be used for the permit, only Include impacts to be m(tigated by this sponsor.
Hiwassee
Mitigation Site Debited: NCDMS
(List the name of the banl<to be debited. For umbrella banlcs, also Ilst the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a speclflc site, also Iist the specific site to be deblted).
Section to be completed by the Mftlgatlon Spansor
Statement of Mftigatlon Liabllity Acceptance: I, the undersigned, verify that I am authorized to approve mltigation
transactions for the Mitigatlon Sponsor shown below, and i certify that the Sponsor agrees to accept full responsibllity for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credlts (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigatlon site Identlfied above. Further, I undersiand that If the Sponsor fails to provide the
required compensatory mltigation, the USACE Wflmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mltigation requirements.
Mltigatton Sponsor
Name of Sponsor's Authorfzed
Authorized Representative Date of
Page 1 of 2 form Updated 23 November, 2015

USACE Wilmington District
Compensatory Mitfgation Responsibility Transfer Form, Page 2
Conditions for Transfer of Campensatory Mitigatfon Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee Is no longer responsible for provlding the mitlgatlon Identified in this form, though the Permittee remalns
responsible for any other mitigation requlrements stated in the permit conditions.
• Constructlon within jurisdictional areas authorfzed by the permit identified on page one of this form can begfn only after
the USACE Is in recelpt of a copy of this document signed by the Sponsor, conflrming that the Sponsor has accepted
responsibillty for providing the mitigation requirements Ilsted herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), constructlon within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responslble for the mitigatlon until the USACE has received this form, confirming that the
Sponsor has accepted responsibillty for provlding the mitigation requirements Iisted hereln.
• Signed coples of thls document must be retained by the Permittee, Mitigatlon Sponsor, and in the USACE administrative
records for both the permit and the eank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provlded with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mltigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Caroifna
Interagency Revlew Team (NCIRT). If approved, hfgher mitigation ratios may be applied, as per current District guidance
and a new verslon of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
No additlonal Comments or Conditions.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
sfgned, the Sponsorshould provlde coples of thls form along wlth an updated banlc ledgerto:lJ the Permlttee, 2J the USACE
Project Manager at the address below, and 3J the Wilmington Dlstrlct Mltlgation Offlce, Attn: Todd Tugwe11,11405 Falls
ofNeuseRoad,Wal�eForest NC27587(emaJl:[e-mail]. Questionsregardingthisformoranyofthe
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Monte Matthews
USACE Rield Offfce: Ralelgh Fleld Office Name
US Army Corps of Engineers
3331 Herltage Trade Drive, Suite 105
Wal<e Forest, North Carolina 27587
Email: monte.l<[e-mail]
��..`4� ��� Mav 12. 2016
USACE ProJect Manager Signature Date of S(gnature
Current Wilmfngton Dfstrict mitlgatlon guidance, Including informatfon on mitigation ratlos, functional assessments, and
mitigation banl< location and availability, and credit classificatfons (including stream temperature and wetland groupings) is
available at http•//ribits usace.armv.mil.
Page 2 of 2
The Wilmington Distdct Is commltted to providing the highest level of suppor[ to the public. To help us ensure we continue ta do so, please complete the
Customer Satisfaction Survey located at our website at httu•//reeulatorv usacesurvev.com/ to complete the surveyonline.

Action Id. SAW-2016-40841
Action ID Number: SAW-2016-00841 CounTy: Clfly
Permittee: NC Den�rtment of Trnnsnortation, Division 14
Project Nnme: NCDOT / 17BP.14.R.88 / BR 76/ SR 1326 / IDIV 14
Date Verification Issued: 12 MaV 2016
Project Mnnager: Monte Mattliews
Upon completion of the activity autUorized by this permit and any mitigation required by the permit,
sign tl�is certification and retm•n it to tlie following address:
US ARMY CORPS OF �NGIN��RS
WILMINGTON IDISTRICT
Attn: Monte Matthews
3331 HeritAge Trnde IDrive, Suite 105
Walce Forest, NC 27587
Please note that yonr permitted s�ctivity is subject to a compliance inspection by a U. S. Army Corps of
�ngineers representative. F'ailure to comply witli any terms m• wuditions of tliis anthorization may
result in the Coi•ps suspending, modif'ying or revoldng the authorization �nd/or issuing fl Class I
administrative penalty, or initiating other app►•opriate legal action.
I liereUy certify tl�at tlie work antlim•ized by the above referenced permit has beerr completed in
�ccordance with the te�•ms and condition of the said permit, �ud required mitigation was completed in
accordance with tl�e permit conditions.
Signature of Pei•mittee Date

ActionId. SAW-2016-00841
NOTIFICATION OF' ADMINISTRATIV� APP�AL OPTIONS AND PROC�SS AND
1i�QiJ�ST FOR APP�AL
NC DeparGneut of Transpm•lntion, Div. ld File NumUer: SAW-2016-00841 I Date: 12 M�y 201G
or Letter of
TION
SECTION I- The following identifies yow• rights and options regarding an administrative tappeal of the above decision.
Additional infot•mation may be fow�d at or http•//www usace army mil/Missions/CivilWorks/RegulatoryPro�ramandPermits.nsnx
or the Cor s regulations at 33 CFR Part 331.
A: INIT7AL PROPP�R�D P�RMIT: Yom m�y accept or object to tl�e permit.
. ACCEPT: If you received a Standard Permit, yon may sign the permit docuinent aud rehu•n it to the dish�ict engiueer for fi��al
authorizetion. If you received a Letter of Permission (LOP), you tnay accept the LOP aud your worlc is antliorized. Your
signature on the Standard Permit or acceptance of the LOP means tliat you accept the permit in its entirety, and waive all
rights to appeal tlie permit, includiug its terms and couditions, and approved jurisdictional determinations associated with the
permit.
OB7ECT: If you object to the permit (Standard or LOP) Uecause of ceitain terms aud conditions thereiu, you may request
tliat the permit be modified accordii�gly. You must complete Section II of tl�is form aud rehu•n the form to tlie district
engineer, Your objections must be received by the district engineer witlwi 60 days of tlie date of this notice, or you will
forfeit your right to appeal tlie pertnit in the future. Upon receipt of your letter, the district engineer will evaluate yotu•
objections and may: (a) modify Ute permit to add��ess al] of your concerus, (b) modify the permit to address some of your
oUjections, or (c) not modify the permit l�aving determined that the permit should Ue isstted as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for yot» • recousideratiou, as indicated in
Section B below.
B: PROFF�R�D P�RMIT: Yoa mny nccept or appeal tlie permit
. ACCEPT: If you received a Standard Permit, you may sign tlie permit docament and return it to the district engineer fa• final
autliorizafiou. If you received a Letter of Permission (LOP), you may accept the LOP aud your worlc is antliorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept tlie permit in its entirety, aud waive all
rights to appeal tlie permit, including its terms aud co��ditions, and approved jurisdictioval detenninations associated with the
permit.
APPEAL: If you cltoose to decliue the proffered permit (Standard or LOP) because of certau� terms anA conditious thecein,
you may appeal the decliued permit under the Corps of Eugineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of tliis uotice.
C: P�RMIT D�NIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative ApNeal Process Uy
comp]eting Section II of tl»s form and sending the fonn to the division engineer. This form must be received by the division
engineer within 60 days of tl�e date of this uotice.
D: APPROV�D J[JRISDICTIONAL DET�RMINATION: You mny accept or appeal the approved JD or provide new
informatiou.
ACCEPT: You do not need to notify tlie Corps to accept an approved JD. Failure to notify tl�e Corps within 60 days of the
date of this notice, means that you accept the approveci JD in its eutirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with thc approved JD, you mray appeal the approved JD under tlie Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the fonn to the district engineer. This form
must be received by the division eugiveer within 60 days of the date of this notice.

�: P12�LIMINARY JURISDICTIONAL D�T�RMINATION; You do not need to respond to the Corps regarding the
prelimivary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (wl�ich may be appealed),
Uy coutacting the Corps district for furtl�er instruction. Also you may provide new information for further consideration by tlie
Corps to reevalnate the JD.
SECTION II
or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS; (Describe your reasons for appealing the decision or your objections to an iuitial
proffered permit in clear concise statements. You tnay attach additional information to this fonn to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITiONAL INFORMATION: The appeal is limited to a review of tlie adminisreative record, the Corps memoraudum f'or the
record of tUe appeal conference or meeting, and any supplemental ittformatiou tl�at the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new uif'ormation or analyses to tlie record.
However, you may provide additional information to clarify the location of information that is aL•eady in tlie administrative
record,
If you have questions regarding this decision aud/or the If you only have questious regardiug the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regalatm•y Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
Monte Matthews CESAD-PDO
3331 Heritage Trnde Drive, Suite 105 U.S. Army Corps oFEugineers, South Atlantic Divisiou
Wnke Forest, NC 27587 GO Forsyth Street, Room l OM15
Atlauta, Georgia 30303-8801
Pl�one: 404 562-5137
RIGHT OF ENTRY: Yom• signahtre below grauts tlie right of entry to Corps of Engineers personuel, and any govermnent
consultants, to conduct investigations of tlie project site during tlie course of the appeAl process. Yott will be provided a 15 day
notice of an site investi ation aud will have the o ortutut to aitici ate ui all site investi ations.
Date: Teleplione number:
For npperds ox InilinlProffe��ed Peru�its seed lbis fornr lo:
Dish'ict Engineer, Wilmington Regnlntmy Division, Attn: Monte Matt6ews, G9 Darlington Avenae, Wilmingtm�, North
Caroliva 28403
For Pernrlt dentnls, Pi�offeird Permrls mrd npproved Jurisdtclional Detenntnntions se��d 1Gis favi to:
Division Cngineer, Commnnder, U.S. Army �ngineer Division, Sonth Atlantic, AtUc M�t Jason Steele, Adminisd�ative Appeal
Of1'icer� CGSAD-PDO, 60 Forsyth Street� Room 1OM15, Atlanta, Georgia 30303-8801
PLone:[phone]

ATTACHMENTA
I'RELIMINARY JURISDICTIONAL DETERMINATION PORM
BACKGROUNDINFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURI8DICTIONAL
DETERMINATION (JD):�•6•Zo�s
B. NAME AND ADDRESS OF PERSON REQUESTINf3 PRELIMINARY JD;
NC Deparlmenl ol Transporlallon, Dave McHenry, Dlvislon 14 Envlronmenlal Speciallsl
253 Websler Road, Sylva, NC 26778
C. DISTRICT OFFICE, FILE NAME, AND NUIVIBER;
p, PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Replace bridfle 78 on SR 1326 (Tusqullee Roed ) In Cley Counly
(USE THE ATTAChIED TABLE TO DOCUMENT MULTIPLE WATER�ODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: ���v City: Hoyesvme
Center coordinates of site (lat/long in degree decimal format):
Lat� 35.0787A2 °N; Long� '03.7582�8 °�l�/,
Universal Transverse Mercator: zqa6sa.�,aoo52so.�zonel�
N8111@ Of i19a1'0St WatBfbOClv� Feckenvood Brxnch
Idontify (estfmate) amount of Waters in the review area:
Non-wetland waters:
soo Ifnearioet: a width (it) and/or acres.
Cowarclln Class: R3uB�
Stream �low: nB�re�iai
Wetlands: NA acres.
Cowardfn Class: nie
Name of any water bodfes on the site lhat havo been identiffed as Section 10
waters:
Tldal: Na
Non-Ticlal: �a
I

C�A V
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL�T ��
APPLY):
� Office (Deslc) Determinatfon. Date: 4-e-2o�e APR 1 1 2010
QFfeld Determination. Date(s); 3•9-201G �'�F oo�`�
a A� ��utnronV F��`�o
SUPPORTING DATA. Data reviewed for preliminary JD
(chock all that apply - checked items should be included In case ffle and,
w ere checiced and requested, appropriately referonce sources below):
� Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Ncoor
❑ Data sheets prepared/submilted by or on behalf of tlie
app�nt/consultant.
Offica concurs wilh data shaets/del(neation report.
Oifice does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps;
❑ Corps nav(gable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas;
� USGS NHD data
� USGS 8 and 12 digit HUC maps
Q✓ U,S. Geological Survey map(s). Cite scale & quad name; �:zak HayaT svma
❑ USDA Natural Resources Conservation Service Soil Survey.
Cilation:
❑ National wetlands inventory map(s), Cfle name:
❑ State/Local wetland inventory map(s):
❑ �EMA/FIRM maps:
� 100•year Floodplain Elevation is:
(National Geodeciic Vertfcal Datum of 1929)
❑✓ Photographs: ❑ Aerial (Name & Date): or
Q Other (Name & Date); sue s•s2ois
� Prevlous determinatlon(s). File no. and date of rosponse letter:
� Other informratfon (ploase specify):

1. The Corps of Enc�ineers believes that there may be jurisdictlonal waters of the
United States on the subject sfte, and the pormit applicant or other affected party
who requested thfs preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtafn an approved JD in
this instanco and at this time.
2, In any circumstance where a permit applicant obtains an ind(vidual permit, or
a Nat(onwfde Genoral Permit (NWP) or other general permit verificatlon requiring
"pre-construction notification" (PCN), or requests verification for a non-reporlfng
NWP or other general permit, and the permit applicant has not requested an
approved JD for the actfvity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seel< a permit authorization
based on a prel(minary JD, which does not make an official determ(nation of
Jurfsdictional waters; (2) that the applicant has the option to request an approved
JD before accept(ng the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly resuit in less
compensatory mitigation being required or different speclal conditions; (3) that
the appiicant has the right to request an fndividual perm(t rather than accepting
the terms and conditlons of the NWP or other general pormit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, incl�iding whatever mitigatlon
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subjoct permft authorization without requesting
an approved JD constituies the applicanPs acceptance of the uso of the
preliminary JD, but that elther form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertal<ing any activity in reliance on any form of Corps
permit authorizatfon based on A preflminAry JD constitutes agreement that all
weilands and other water bodies on the site affected ln any way by that activity
are jurisdictional waters of the United States, and precludes any chollenge to
such Jurisdictfon in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or In any Federal court; and (7) whether
the applicant elects to use either an approved JD or a prel(minary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a profFered
individual permit (and all terms and conditions contained therein), or Individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and ihat in any administrat(ve appeal, Jurisdfctional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that adminlslrative appeal, it becomes necessary
to make an official determination whether CWA jurisdict(on exists over a sita, or
to provide an ofticial delineation of Jurisdfctlonal waters on the site, the Corps will
nrovide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD ffnds that lhere "maybe"waters of the United States on the
subject project site; and identiffes all aquat(c features on the site that could be
affected by the proposed act(vity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarilv boen verifled bv the Corps and should not be relied uaon for
later lurisdictional determinations.
e..�C ���_ ' l � / f%G�. � -C • /G
�I � �.�� � �- �
Signature and date of Siflnature and date �
Rogulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impract(cable)
��G�9 �/��
nrR > > za�o
U�
4
ll
(�/CNkFf3ULATORV F���O

Estimated
amount of
aquattc Class of
resourcein aquattc
Site Number Latitude Longitude Cowardin Class review area resource
1 35.078742 -83,756238 R3UB1 2001inear feet Non Section 10
— non-wetl�nd
2 35.0787680 -83,756214 R3U81 SO Iinearfeet Non Section 10
— non-wetland

Wnter Pesour ��cs
REC�IV�D
MAY 2 5 2016
� � I
APPROVAL of 401 WATCR QUALITY CERTIFICATION
Mc David MeHenry, Environmentnl Specialis[
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
��
i���n�;,i,i, r_ ,�,,�� i>i�ii v;�aa�i�
ti..i:�v iininti izni��rv
M.�y za, Zo i �
Clay County
NCDWR Projeci No. 2016-0356
Bridge 76 on SR 1326
State Projec[ Nu. 176P.14.R.88
Dear Mr. McHenry:
You have our approval, in accordance wilh the conditions listed below, for the following impacts for Ihc pwpose of
bridge replacemen( in Clay Cotmty:
SI
SIA
S16
SIC
To[al
Stream Im acts in thc Hiawassec River
Permm�ent �ill in Temporary fill in
Percnniod Stream Perenni:d Slrcam
---_- (linear ftl---, --- (lincar ffl----
40- - - —=
120 - --
60
25 --- --
IS
IS
95 ISO
Tot�l Strcam Imp�ct fnr ProjceL• 275 lin
7bl:d Stream
i�„�A��
Qinear fQ
40
I20
60
25
IS
IS
275
r fcel.
�'he project shall be constructed in �iccordance wilh yom� applica�iun Ja�ed April I I, 201 G. Afler revie�vin� your
applirdion, we have decided th�t �hese impacts are covered by General Water Quality Certification Number 3886,
This certificntion corresponds to Ihe Nn[iomvide Penni� 14 issued by Ihc Coips of Gngineers. In addition, you
should acquire any other lederal, statc or local permits before you proceed wi[h your projec[ including (but not
limited to) Sediment and Erosion Control, Non-Uischarge and Wa�er Supply Watershed regulations. This approval
will espire wi[h the accomoanyine 404 pennit.
This approval is valid solely fur the pwpusz and design described in your application (unless modificd beluw).
Should your project change, you must notify Ihe NCDWR and submit a new application. If lhe property is sold, the
ne�v o�vner must be given a copy of this Cerlitication and approval letter, and is thereby responsible fur complying
witli ell the. conditions. Iftotal �vetland tills for this project (now ur in lhe fulw•e) esceed one �cre, or of to[al
impac[s ln sireamc (nn�v or in tl�e fWum) exceed I50 line�r feet, compensatory milieatiom m�y be require,d as
describecl in I SA NCAC 2H .0506 (h) (G) and (7). �or this approval [o remain vnlid, you nmst adhere [o Ihe
conditions listed in Ihe attxched cerlilicatiun(s) and any additiorel conclitions listed below.
Siaic��l'NoN�I':�rolinall�.nnrnninenial (Jnaliiy�l Wx�arltrsuuii�e.
161 i MaA Service Cenler, R�aleigh, No�lh Caiulina 27699-IG17
Phone�, 579�Wi-59W

Condition(s) of Certification:
General Condltions
1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the sheambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structw•es including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to ba met
due to bedrock or other limiting feaNres encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncwed concrete shall
not be discharged to surface waters due to tha potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permi[ted in waters of
the U.S., or protected riparian buffers. [i5A NCAC 02H.0506(b)(2)j
4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and sheams shall be restored to natural geomorphic conditions. [i5A NCAC
02H.0506(b)(2)]
5, The use of rip-rap above the Normal High Water Mark shall be minimized. My rip-rap placed for
stream stabilization shall be placed in sheam channels in such a manner that it does not impede
aquatic lifenassage. [iSANCAC 02H.0506(b)(21J
6. 'the Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit
drawings submitted for approval. [ 15R NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(z)l
7. All work in or adjacent to sheam waters shall be conducted in a dry work area. Approved BMP
measures fi•om the most carrent version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other divexsion structures shall be used to prevent
excava[ion in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ISA NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the sh•eam channel except where authorized by this
certification. [15ANCAC 02H.0506(b)(3)]
]1. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacentto
surface waters is prohibited. []SA NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduc[ its activities in a manner consistent with State water
qualiry standards (including any requirements resulting from compliance with §303(d) of the Clean W ater
Act) and any oHier appropriate requirementS oF State and Fsderal law. �f the NCD�VR detennines that
sucl� standards or laws are not beiug met (including the failure to sus?ain a designated or achieved use) or
fhat State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWRmay reevaluate and modifij this certification. [15A NCAC 02B.0200]

13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager. [ISA NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (b)(2) and (c)(2)]
Y5. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities, Impacts to areas within ihe fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this cedification to the Division of Water Resources withui
24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "CeMification of Compledon Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or bonow sites, or access roads to waste
or borcow sites, be Located in wetlands or streams, compensatory mitigation will be required since that is
a d'vect impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation snd maintenance of such Best Management Practices in order to
protect surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment controi measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Caro[ina Sediment and
Erosion Control Planning and Design Manuo[.
b. The design, installation, operation, and maintenance of the sediment and erosion conhol measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Caroltna Sediment and Erosion Control Manual. The devices shall be maintained on all
conshvction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
a For borsow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manunl.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Conhol Act.
2l. Sed'vnent and erosion control measures s6all not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. 'You may obtain the petition form from the o�ice of Administrative hca: ings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
Fled when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative I-Iearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm; excepl
fo; official state lio;idays. The original and one (1) copy ofthe petition m�.�st be filed with the Office oi'
Administratire Hearings.

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
O�ce of Adminishative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Ntr. Sam M. Hayes, General Counsel
Department oFEnvironmental Quality
1601 Mail Service Center
This letter completes the review ofthe Division of Water Resources under Section 401 ofthe Clean Water Act. If you
have any questions, please contact Kevin Bamett at (R28)296-4657 or [e-mail].
Sincerely,
��/�
� S. Jay Zimmerman, Director
Division of Wa[er Resources
Electronic capy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
�4arla Chambers, NC Wildlife Resourcas Commission
�ile Copy

Wafer Rc� saui � es
NCDWR Project No.: Cuunty:
ApplicanL•
Project Name:
Uate of Issuance of 401 Wafer Qualily CertiGcatimi:
�
u���:n� u �; v,,h� �,� �: �� �..,�; �
s, in� ii�inti itntnn
Ccrlific:�lc of Cumpletion
Upon completion of all work approved within Ihe 401 Water Quali[y Certification or applicable �uffer Rules, and
any subsequenl modificalions, Ihe applirinl is required lo rehnn this cerlifica[e ro Ihe 401 Transpo�1�tion Pennitting
Unit. North Carolina Division of Water IZesources, 1617 Mail Service Center, Raleigh, NC, 27G99-1617. This fonn
may be returned to NCDWR by the applicant, �h: applicant's aulhorized agzn[, ar the prcject enginea. It i; �ict
necessaiy to send certificntzs from all of ihese.
.4pplicnn!'s Cerlific«lio�e
�, , hereby state th�t, to the besl ol'my nbili[ies, due care and diligence
wus used in the obse�v�tion of Ihe construc[ion such that lhe cons[rucfion was observed to be buil[ within substan[ial
compliance and inlent of lhe 401 Water Quality Cerlification and Buffer Rules, [he approved plans 1nd
specifications, and othc!'supporfing mntcrials.
Sier�ature: Dnte:
.igcu!'s Cerlif<<rtio;:
�, , hereby slate lhat, to die best of my abililies, due care and diligcnce
was used in the observntion of Ihe conslruction such Ihat the construclion w�s observed [o be built within subs[antial
compliance and inlent of Ihe 401 Water Qu�lity Certification nnd Buffer Rules, the approved plans and
specificalions, �nd other supporling mn[erials.
Signaturc: _ . Dale:
Engiiierr's Cerliftcnlinii
r.��c��i r���i
�, , as a duly registered Professional Gngiueer in thc Slate of North
larolina, having been authorized Io obscrve (periodically. �veckly, full time) the conslruclion of Ihe project for the
Permiltee hereby state [hnt, m thc Lies[ ol my nbilities, due c�re �nd diligence was used in ihe observalion of'ihe
constructiun such that the construclion was observed �o be built wid�in subs�nntial complianee and in�en� of lhe 401
Water Quality Cerlification and Quffer Rules, the approved pl�ms and specificalions, emd other supportine materinls.
Signature Registratioo No.
Uate
�lal:ui Nanli Carol��n,t ifm-ir,�nnienlal tinnlin� i W:ncr Res��urces
i6i7 MailService C.nler, Raluiyh, Wufh Carulina 47699-161 i
Pl:une. 919-OOi-PJ00