20070381 Ver 1_Application_20070306

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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
March 1, 2007
Mr. David Baker, NCDOT Project Manager
LYNDO TIPPETT
SECRETARY
U.S. Army Corps of Engineers O ~ ®~
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 and Nationwide 33 Permit Application
SR 1209 -Nye Way Rd
Haywood County
State Project No. 140.044072 (DWQ Minor Permit Fee $200)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and
pave SR 1209, Nye Way Road, in Haywood County from SR 1260 to SR 1210 for a distance of
0.13 miles. This proposal entails widening and paving the existing gravel road to a standard 18-
foot roadway. The proposed improvements of SR 1209 have been identified as necessary
maintenance and safety improvements. Funds have been allocated for this project, and NCDOT
would like to perform these activities sometime during the 2007-08 paving season.
I am sending astraight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS topographic
map. We propose to install the new culverts slightly below the existing streambed elevations
where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing
stream gradients to remain as unchanged as physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of listed species for the Pine Tree Cove Creek
watershed. Additionally, there are no records for the adjacent watersheds, Johnson Creek and
Mine Branch. There are no records from the confluence of Pine Tree Cove Creek with Jonathan
Creek to the Pigeon River. The impacts from culvert replacement/extensions will be minimal.
The streams are small and are not of sufficient size to support mussels. For these reasons, there
will be "no effect" on threatened or endangered species.

Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
The unnamed tributary of Pine Tree Cove Creek is not shown on the USGS topographic map.
However, the stream appears to have perennial flow. The channels are composed of bedrock,
cobble, gravel and sand. The channels lack vegetation. For these reasons, we believe this stream
is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project
in accordance with our current secondary road standards, it will be necessary to impact waters of
the United States in the French Broad River Basin. Specifically, NCDOT is requesting to
extend/replace one metal culvert in an unnamed tributary to Pine Tree Cove Creek (DWQ Class
C, Tr). Listed below is a summary of the proposed impacts.
Site No. Existing Proposed Condition Net Impacts
Station Condition
Site 1 50' x 18" 70' x 36" CMP 20' extension
5+35 CMP
S Open Channel Temporary Dike w/ Sandbags 20 ft2
S+35
Site lA Free Flowing Temporary Flow Diversion 95'
5+35 Channel
Total Permanent Impact 20 linear feet
Temporary Impact for Impervious llike and Flow Diversion 95 linear feet
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning this 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am requesting Mr. McHenry and Mr. Ed Ingle,

Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
If you have any questions or need additional information, please contact me at [phone].
Your early review and consideration will be greatly appreciated.
Sincerely,
~ ~+~!'
J nathan L. Woodard, P.E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. B. T. Williams, P.E., County Maintenance Engineer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT

Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. ~ ~ ~ ~ ~ ~ ~ ~
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 & NW 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
Bryson City NC 28713
Attn : J. L. Woodard PE District Engineer
Telephone Number: [phone] Fax Number:~828) 488-3518
E-mail Address: jwoodardna dot state nc us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Widen grade drain and~ave SR 1209 Nye Way Rd in Haywood County
2. T.LP. Project Number or State Project Number (NCDOT Only): 140.044072
3. Property Identification Number (Tax PIN): N/.
4. Location
County: Haywood Nearest Town: Maggie Valley
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Waynesville take US 276
North to US 19. Turn left on US 19 heading West. Follow US 19 to SR 1260. Turn left on
SR 1260 Follow SR 1260 to SR 1209. Turn Right on SR 1209. This is the project.
5. Site coordinates, if available (UTM or Lat/Long): 35.508° N 83.069° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.43 acres
7. Name of nearest receiving body of water: Pine Tree Cove Creek (Class C Tr)
8. River Basin: French Broad
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: This
project includes cutting and filling earthwork where needed replacing old drainage structures
that are inadequate making_ the road safer by changing the road profile, and paving.
Equipment to be used will be Track Hoes Back Hoes Dump_Trucks Bulldozers, Manual
Labor sandbags pumps and diversion pipes
11. Explain the purpose of the proposed work: To pave widen the shoulders, and improve the
alignment of SR 1209 to meet current NCDOT standards.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules.
No permits have been applied for~reviously
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Plastic sheeting and sandbags will be
placed in the stream channel above culvert to create an impervious dike. Water will be
Page 3 of 8

diverted or pumped around culvert installation site. Culverts will be installed and the
temporary impervious dike will be removed after culvert installation.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
(indicate on ma) Before Im act (linear feet) (acres)
1@ Station 5+35 UT to Jonathan
Creek Culvert Extension P 2 20 0.00092
1 A @ Station 5+35 UT to Jonathan Impervious Dike P 4 (Dike) 5 0.00046
Creek
lA @ Station 5+35 UT to Jonathan Flow Diversion P 2 90 N/A
Creek
Total Stream Impact (by length and acreage) 20 0.00092
Total Temporary Impacts for Flow Diversion & Impervious Dikes 95 0.00046
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill excavation, dredging, flooding, draina e, bulkheads, etc.
Open Water Impact

Site Number
(indicate on map)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
N/A

Total Open Water Impact (acres)
Page 4 of 8

5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.00092
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.00092
Total Stream Impact (linear feet): Permanent 20
Total De-watering Impact (linear feet) Temporary 95
6. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Culverts will be extended the
minimum leneth necessarv to improve to meet current. NCDOT standards. All pipe extensions
will be placed below the existing stream bed so natural substrate can be re-established. The
culvert installation sites will be de-watered to minimize impacts from sedimentation.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8

USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
Page 6 of 8

2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion:
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify N/A )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 1 SA NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
Page 7 of 8

the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams. (See erosion control plan).
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The road is being upgraded only to minimum secondary standards. The area is almost fully
developed at this point; thus, it is not likely that development patterns would change
significantly.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
~ ~~~~.r 3l//0
Applicant/Agent's Signature Date
Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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77 Nye Way PO Box 1167
Maggie Vally, N.C. 28751 ~ Waynesville, N.C. 28786

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3109 Celanse Rd.
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POLE DATA ~!PN 61-0.3447
Nye WaY sr. 1209
PROJECT ----------------------------
COUNTY ----- Haywood
------------------ 1 ----- 1
------------- Sheet---- of--
OWNEft OF POLE LINE ___ H. E _M _C _ ________
DIST. FROM C[NT[R DI[T. FROM C[NT[R DIST. C[NT[R PRCJ[CT
POL[ PR[flNT ROAD PROJCCT AFT[R MOVING REMARKS
STATION
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5 + 5 0 II ~CP~~ I I I 15' I I -- ~ 12' I I I 25' I ~bve Fble to 25' Rt. Of Naa CL

SITE •1 HAYWOOD CO.
STA. 5.35 SR 1209
BRANCH SIZE 2' W X 3' D NYE-WAY RD.
EXIST. 50' X 18' CMP
PROP. 70' X 36' CMP
SKEW 90'
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EXISTING GRADE- 5.6%
1 ° ' 15~
PROPOSED GRADE- 7.7%

SR 1209
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Outlet

VICINITY MAP
Haywood County
State Road Number: 1209
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