19980915 Ver 1_Complete File_19980916

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
e0
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
December 15, 1998
Mitchell County
DWQ Project # 980915
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Stephen Moore
NC DOT
Rt. 1 Box 169C
Marion, NC 28752
Dear Mr. Moore:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 105 linear
feet of streams for the purpose of paving SR 1295 in Mitchell County, as you described in your application dated September 10,
1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3102. This certification allows you to use Nationwide Permit Number 13 when the Corps of Engineers issues it. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. The road crossing shall be redesigned so at station 10-25, the existing pipe is removed and realigned with the
stream and the inlet end raised to prevent downcutting. The slope and bank shall be redesigned to prevent
erosion.
2. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds
(T 15A:04B.0024).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.' You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
Pesince Howard, Jr. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
John Domey
Central Files
980915.1tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
12/11/1998 13:45 4
MEMORANDUM
TO=? + John Dorney
Non-Discharge Branch
SUBJECT: WETLAND STAFF REPORT AND RHCO
raciiity Name NC DOT Pave .SR Certificates
- - "''St'rcattt,
r Class/,
Permit :Wetland Welland Westland :? stra?ti't
Type Type Impact Score Index , ???11 Sapp G
14 0 Y Q N ?? 7-2-48-4 F C W' Tr
....??
pv O fir- .1t 1,,r??." aC` ?' ?r
Mitigation
?.
MitlgationType' TYPe `' Acres, Id;.?h?ib4Ill';
PAGE 01
Regional Contact:
WO Supervisor: L I
NDATIONS Date.
County Mitchell
ountyra
Ae?lon Aslilevlll?? acres Feet

Is Mitlgation
Did you request more
Is Wetland Rating Sheet Atta
Have Project Changes/Conditions Been Discussed With Appi
Comments:
? QY ON
T •Y ON
t OY AN
t?4*Y ()N
0I8*ue O Issue/Cond O Deny

C_
Y? . r..P... ?, mss.,. _ , _ - - -
cc, Regional Office
Central office Page Number 1
12/11/1998 13:45 4
PACE 02
NORTH CAROLINA E)XPARTMZNT *FP
ENVIRONMKN't AND NATURAL RESOURCES
r DIVISION OP WATER QUALITY
ASHEVILI-r REGIONAL OaFIGE
R WATER. QUALTIl'Y SECTION
Octobe-T 27, 1998
7 7;? {Al'tr l y0. f ,, i,:
v ?
ies B. HUNT JR ?" t; + t
l-IOVERfYOR ???!
MEMORANDUM
TO: Johr] Porney
wetlarnds Thl i t_
FROM: Michac l R. Pay: kez
Envimrrmonl°al chomist
SUBJECT: Staff Report Addendum
NCDOT SR 1295
Mitchell County
T,
i \ IM1 jI 'jl l^' 1 ? 1' ?1w I
DOT looked at thin project aftp.r wP r1i Re ugc9d it on
October 15, 1998. At Station 10-25 they now propose to
remove the existing pipo and realign it with the stream,
xai8a the inIct: end to f3L.up the head cutting of the strum
and sl oply the hank on the lowor cnd and armor the. bank to
stop the undercutting and. erosinn.
call me it you have queqtions.
INTKRCHANGP nUILOINO, 80 WOOOPIN PLAGK, A711EVILL[, NC 283801-9414
FHONF BAH-2111.62.08 FAX 8201.2$1-0482
AN EgUAL OPPOIITUNI'tY / ArrinMATIVQ AUI mN IrM?I. nVffn - M45% Preve.I PMifl% r06T E6NtUM[R r^rrn
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Stephen Moore
NC DOT
Route 1 Box 169C
Marion, NC 28752
Dear Mr. Moore:
Re: Paving of SR 1295
Mitchell County
DWQ # 980915
A Iffl?W'A
•
AdOhM
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 26, 1998
The Division of Water Quality has reviewed your submittal for a 404/401
permit to pave and widen SR 1295 in Mitchell County. Your application was not
complete since you have not answered our Regional Office's questions regarding stream
restoration up and down stream of station 10 and 25. Without this mitigation, some other
form of compensatory stream mitigation will be required at 1:1 ratio. Please provide
information regarding the location of your project. This information is needed by DWQ
in order for us to decide whether this project is approvable.
I can be reached at 919-733-1786 if you have any questions. Until this
information is received, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, the project will be placed on hold for our processing due
to incomplete information (15A NCAC 2H.0507(a)(4)).
Johr ' r
R. Dorney
Quality Certific tion Program
cc: Asheville DWQ Regional Office
Wilmington District of Corps of Engineers
Asheville Field Office Corps of Engineers
John Dorney
Central Files
980915.hld
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: 9?. 1?kl?wl?
Non-Discharge Branch WO Supervisor:
94
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Date:
Facility Name NC DOT Pave SR 1295 County Mitchell
Project Number 98 0915 County2
Recvd From DOT Region Asheville
Received Date 9/16/98 Recvd By Region
Project Type paving SR 1295
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 F__ P-7 O -NF-F-7-2-48-4 F C Tr 040306
Mitigation Wetland
MitigationType Type Acres Feet

Is Mitigation required?
Did you request more info?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant'
Comments: Recommendation:
OY
eY
OY
t46Y
O Is
(N
ON
•N
ON
sue O Issue/Cond O Deny
cc: Regional Office
Central Office Page Number 1
10/16/1998 14:08 4 PAGE 01
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
?
SUBJECT: WETLAND STAFF REPORTAND RECOMMENDATIONS Date:
reertificates
Permit Wetland Wetland Wetland nz AOr00.: foot
Type TYPs Impact.. Scare I'4?m' uq?? _ iTHaein4 Ri g i leq
F_141 PV'* N F__ 7.2-4$-4 (_C Tr 040306

Mitigation Wetland
MitigationType Type.: 'Aore!;:;
Is Mitigation required? U Y 4P N
Did you request more Info? 40 Y 0 N
Is Wetland Rating Sheet Attached? Q Y of N
Have Project Changer./Conditions Been Dlaouseed With Applicant?* Y ON
Comments:
Recommendation: Q ISStle Q Issue/fond Q Deny
cc: Regional Office Page Number 1
Central Office

?., 0--
STATE of NORTH CAROLINA WElU?DS sRCt y _....
DEPARTMENT OF TRANSPORT-
JAMES B. HUNT JR. E. NORRIS TOLSON
GOVERNOR
Mr. David Baker
US Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
September 10, 1998
Subject: Nationwide Permit Request
SR 1295, Charlie Woody Mountain Road
1997-1998 Residential Paving Project
Mitchell County
Dear Mr. Baker:
SECRETARY
I am attaching a straight line diagram with erosion control plan, an
application form for a nationwide permit, and a county map section relative to the
paving of SR 1295, Charlie Woody Mountain Road in Mitchell County.
Charlie Woody Mountain Road is presently 14-16 feet wide. We plan to
pave the road 18 feet wide and increase the typical section. The typical section is
also attached. Grading will be light to moderate. The project begins at SR 1156
and continues in an easterly direction for a distance of 0.56 mile.
We propose to extend the culvert fifteen feet on the inlet end at survey
stations 6+70 and to extend the culvert ten feet on the inlet end at survey station
10+25.
By copy of this letter, we request Mr. Joe Mickey, North Carolina Wildlife
Commission Eastern Mountain Region Coordinator, to comment directly to you
concerning the nationwide permit request. A request to work within the twenty-
five foot buffer zone will be made to the Department of Environment, Health and
Natural Resources at a later date. `-
S
Route 1, Box 169C, Marion, North Carolina, 28752

Mr. David Baker
Page 2 - SR 1295, Mitchell County
September 10, 1998
By copy of this letter, we are asking W. Neil Trivette, Area Roadside
Environmental Engineer, to comment on the above project.
By copy of this letter, I am sending seven (7) copies of this application
package to the Division of Environmental Management.
Your earliest consideration for this request would be appreciated. If any
further information is needed, please advise.
Cordially,
t,
Stephen A. Moore, P. E.
District Engineer
District 1, Division 13
SAM/grw
Attachments
cc: Mr. W. D. Smart, P. E.
Mr. L. A. Taylor
Mr. W. Neil Trivette
Mr. Joe Mickey
Mr. Eric Galamb

Route 1, Box 169C, Marion, North Carolina, 28752
'4 it
DWQ ID: - CORPS ACTION ID: _
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) _
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7)
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: North Carolina Department of Transportation
2. MAILING ADDRESS: Route 1 Box 169C
SUBDIVISION NAME
CITY: Marion STATE: NC ZIP CODE: 28752
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): d
3. TELEPHONE NUMBER: (HOME) _ (WORK) 828-652-3344
IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Stephen A. Moore, P. E.
District Engineer
Route 1. Box 169C
Marion. North Carolina 28752
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mitchell - NEAREST TOWN: Spruce Pine
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1295, Charlie Woody
Mountain Road from SR 1156 easterly for a distance of 0.56 mile
6. IMPACTED OR NEAREST STREAM/RIVER: _ RIVER BASIN: North Toe
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES X NO ? IF YES, EXPLAIN: _
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [] NO X - I .- _ ,
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? _

8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES F1 NO X IF YES, DESCRIBE ANTICIPATED WORK: _
(a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 3 acre
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION: 0
FLOODING: 0 OTHER : 0
DRAINAGE : 0 TOTAL ACRES TO BE IMPACTED: 0
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 80 FT AFTER: 105 FT
WIDTH BEFORE (based on normal high water contours): - FT
AVERAGE DEPTH BEFORE: _ FT AFTER: _ FT
y
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM/FLOODING: _
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? _ WHAT IS THE EXPECTED POND SURFACE AREA? _
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Grade drain base pave erosion control SR 1295, Charlie Woody Mountain Road, from SR 1156 for a
distance of 0.56 mile Replace/extend pipe at survey station 6+70 15 feet in length on the inlet end and
survey station 10+25 extend 10 feet in length on the inlet end. Grading will be moderate to heavy.
13. PURPOSE OF PROPOSED WORK: To provide a safe paved road to the traveling public.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
The existing length of pipe is not adequate for the proposed typical section. Usual measures such as rip-
rap silt fences and check dams to minimize impact.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED:
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
0

(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED _.
.-WM
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES X NO ? (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES O NO E]
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO n
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND ,y
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? farmland
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
'SISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
IVIT IS?Q
September 10, 1998
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).

R, -.-404

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