20000428 Ver 1_Complete File_20000331

m?

im ....

z

0
w
N
F-'
O
F-'
Ul
N
W
O
W
N O
o
N d
O y
O ?y
O

O
A
N ?
O ?
O
O y
O
1
l
i 0
m
z
y
N O
O
O y
O
0
D
o
Z
z Z
O
O
m
W
O
0
w
\
N
N
1-1
N
O
O
O
z
0
T
z
0
0
n
c
z
0
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 ? •
A --ft
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 1, 2000
Clay County
DWQ Project # 000428
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Brian Burch, NCDOT
Post Office Box 1551
Andrews, NC 28901
Dear Mr. Burch:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material 135 linear feet of streams
for the purpose of widening and paving SRI 158 as described in your application dated March 20, 2000. 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 14 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 .0596 (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 final relocation of the stream shall incorporate as much sinuosity as possible. DWQ shall be copied on the final as-built plan.
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. 276 1 1-7447. 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,
Dlease telephone John Dorney at 919-733-9646.
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
,:le copy
Central Files
Todd St. John
n
rr . Steve
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer •
50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney i Regional Contact:
Non-Discharge Branca' APR 2 8 2000 WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF FEPORR, MENDATIONS
WA 1?
Facility Name NCDOT SR 1158 Henson Road
Project Number 00 0428
Recvd From DOT
Received Date 3/31/00` Recvd By Region 4/12/2000
Project Type state road paving
Certificates
Permit Wetland
Type Type
I - tream
Stream
County Clay
County2
Region Asheville
Wetland Wetland Stream Class Acres Feet
Impact Score Index Prim. Supp. BFasin= Req. -Regq..-w
Mitigation Wetland
MitigationType Type Acres Feet
Kerry S. Becker
_Forrest Westall

?F
Is Wetland Rating Sheet Attached? p Y p N Did you request more info? p Y pp N
Have Project Changes/Conditions Been Discussed With Applicant? O Y p N
Is Mitigation required? p Y p N Recommendation: pp Issue O Issue/Cond p Deny
Provided by Region: Latitude (ddmmss) 345931 Longitude (ddmmss) 834352
Comments:
1 met with Brian Burch and Terry Woody of the DOT in March to review this site There i yew little
room to work in which to restructure the stream. Removing the horseshoe does eliminate stream
length, however, it will move the stream away from the road. I discussed with Brian and Terry the
ossibility of adding some sinuosity to the stream. They were willing to work toward this effort.
cc: Regional Office
Central Office Page Number 1

JAMES B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
SR 1158
CLAY COUNTY
Mr. Bob Johnson
U.S. Army Corps of Engineers
Re_4. Field Office
151 Patton Avenue, Room 143
Asheville, N. C. 28801-5006
`'hen
•4? Gww ?'.
DAVID MCCOY
March 20, 2000 :SECRETARY
LIAR ? 1 2000
IWETLAN(K S?CT!OP)
TE J
PAYMENT
RECEIVED
0004 28
Dear Mr. Johnson:
The North Carolina Department of Transportation is proposing to widen and pave
SR 1158, Henson Road, in Clay County to conform to our current secondary road
standards. To construct this project, it will be necessary to relocate 135 feet of stream
channel which is a small-unnamed tributary to Upper Bell Creek (DEM Class Q. Due to
the nature of our proposed work, we are requesting authorization under Section 404 of the
Clean Water Act.
We intend to exercise every reasonable precaution to protect the environmental
integrity of these valuable natural_ resources. The channel change will be constructed
before stream flow- is permanently diverted. By doing this under dry conditions, the
downstream movement of silt will be greatly minimized by hereby protecting Upper Bell
Creek as much as possible from the effects of our construction work.
I am sending a straight-line diagram, with the proposed erosion control, stream,
stream bank, and construction limits at various sites along the project where we will be in
conflict with the streams. In addition, I am sending a typical section of the road, cross-
sections, drawings for pipe culvert extensions, general notes, and standards on some
erosion control measures, and a marked map.
The best management practices will be used to minimize and control erosion and
sedimentation on this project. The construction foreman will review all erosion control
measures daily to ensure erosion and sedimentation are being effectively controlled. If
Andre%rs District Office
P. 0. Box 1551. Andrews. N. C. 28901
Phone: [phone] Fat: [phone]

Mr. Bob Johnson
Page 2 .
March 20, 2000
the planned devices are not functioning as intended; they will immediately be replaced
with better devices. The rock silt screens and other erosion control devices will be in
place prior to channel change construction and will remain in place until the project is
stabilized.
By copy of this letter, I am asking Mr. Mark Davis, North Carolina Wildlife
Resources Commission (NC WRC) Western Mountain Region Coordinator, to comment
directly to you concerning the 404 Nationwide Permit Request.
Also, by copy of this letter, I am requesting authorization to proceed under
Section 401 of the Clean Water Act from the Division of Environmental Management.
(A check payable to Division of Water Quality in the amount of $200.00 is attached to
this application in accordance with the new fee schedule.)
We would like to begin construction as soon as possible. If further information is
required. please call meat [phone]. Your early review and consideration will be
greatly appreciated.
Sincerely,
B. C. Burch, P. E.
County Maintenance Engineer
BCB/rr
Attachments
cc: Mr. Richard Phillips, P. E., Regional Engineer DEHNR
Mr. J. B. Setzer, P. E., District Engineer
Mr. John Dorney, Water Quality Certification Unit, DEM
Mr. Mark Davis. NC WRC
Mr. Terry Woody, Transportation Supervisor III, NCDOT
DtM ID: ®o 0 4 2 8 CORPS ACTION ID:
-NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 24P
PRE-CONSTRUCTION NOTIFICATION APPLMC?ATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS "/H/Y•-?
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAQ ?fT._.
SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APW6
,• ,, 1
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).''SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : /)CP?'2i/J/ p? ?,2Ai?.St?o,27/T/off
7?0 ,l o ?C /.SSA
2. MAILING ADDRESS:
a
SUBDIVISION NAME:
CITY: STATE: AC ZIP CODE: 216901
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
.5,2 1156so....,?,
3. TELEPHONE NUMBER (HOME) : (WORK) : ! BZB? 521-41106
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
l
A/C 2,990
7'rta9: a?=6) 3Z1 -511o S
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: LA?f NEAREST TOWN OR CITY: yF?? u-,-- p/c

1
W
t7
H
L.
O
p
a Vl
o,
W Cr
H W m
W W
- I ul
:+ H N ^r
c(.'1C,C, I
O = (n - .-+
F w Co a: ,n
N N or
Lu 1
DOx -O
C O V o U
W Vl IM + I
? a m g
Z O U - y
O U O W Li
H W F - U
C7 ?. La. 0 0
H?OHCL
i 4 F W -
.? to ,-a a E-.
w V) O F W F
3 = n. ? F at
W
H
U
W
a
W
W?
W
_U
?1
rl
(1
C
w
W W
W L 7 .-,
L w w Co 10
-= O W V.,
Cr N
p F
J ?
C.7 W Cl C
Q r
U
S w W Li
vi -3
Lai H H H T
> t) G .,
ial W w n.
• to 9 (? W c I..
t t H 1
F r
- ,t
%a w= to
O r.
W Lai p (•1
C1 t? F
Lt 2
..l ..7Ca 0ri
c r1 Ln
w~ Fli W N ;r (l,
!n C 7 v
C,
c W C• O % .. ^ rr
42 U') F 0 O o, 1
- 1 V= F m F •-? t1
V, G' n a, u .. Lt c. rt
.--I N m' .? 4.7 ro W O- n
r n r 0 0= W t i=
q. w Cr - 1.1 .-+ . w
>- It 0 K W .= O1
LC c+, w 0 U m L.. = 0 .-1
C t/7 (1 Ci• Ul Vi S ,> rrl ,-, CL `r
Cj u: W c V7 .L.? -1
n, F c P
=,f Vl O=
-
w
O.F w
,•+ W Vi
m .> 4 a
4< +wW
= 2 a m F
L< F_
U
W F w ..]
i3 d
W W rt t-. r,
? 00. Op (rv
U7 G F w M W E- La t0
,J r: at ,U H w
= r-
N,n r_ U - =r
r -r it S F w p S W ?.•
M 1 w(, W I W ?cF 4..7 I
'O ul N W C: :r r-, '1 r( , C, r c Cr rl
r1 a W c F' r w tr .1' r
O 'O N o, O vl rl O = G w S a,
0 LI: Cr. Fm-
W t.l . U) M _ ^ _ (., c o,
C• p? O ?I c ' it O_
:: w U n_ _ w 0 _- t) C) `W
W' T Z G U. W T
H c a. Wn
= O W c'
• W w F _: F,I w
N
L..
W
N
w
C1
H
w
O
C.]
_] Ir7 C,
W c C,
- I l0
r l?C m I
O = o m n
F W C, r- r
.j W ~ N Q.
O
OL.7?
w ulm=
cc w
=0
Ul.7..0 w
7 W t'1 0
LC C?
S t F S w
p O V: ,.]
U10w
-1 CL F

W
O
W W
ptr,-
` La C,
w L, :, -T
H
w = 0 n m
O I
Cr
O w . m r
N
F w OD
30-N_.
w T
V7
W
cl.
c c
-
wCO70:alw
-.1 -1-1 0
c a,
ial t w W
2 Lo = w
<
Ul N to w
Kt D - 4 F
w
U
W p
W n'
O Ul O
? cc: c
...7 w W
w = U1 T
Co
W (? w I
- - 1L
Ll ,n r
c w a,
O W = G
F O F r
N LO,
W
::I CL 0
(n u)
W J m C =
c L.7 ' w
a
(r - yFC
w.t c: ww
i
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) :
6. IMPACTED OR NEAREST STREAM/RIVER: L(PPG,e &GG C,eff?C
RIVER BASIN: Al" JAS-5,nE
7a. 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 [ ] NO IF YES, EXPLAIN.:
L?PPEk ,ZJ?LL ?C,t? ss C
rt
7b. IS THE PROJEC'T' LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO D]
7c. 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?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO D< IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO X IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ?•? AC
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
A/aaE
2
i
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: /3S FT AFTER: .33 FT
WIDTH BEFORE (based on normal high water contours): 6.0 FT
WIDTH AFTER: ?.4 FT
AVERAGE DEPTH BEFORE: ?.? FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ V"_ PLACEMENT OF PIPE IN CHANNEL:
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 PCND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
?7u?Tin?l? / ?T ?fif.J.??t/ %o ,? .CF1d TED /nl7a 3 fT ?.4.y?JEL
To c eyo ¢? %Nl s 0ozAo770n1
13. PURPOSE OF PROPOSED WORK:
L 1 /
V-00',/ / 74, /???e7 ('A/C?7 T ?tna?it?cYS - U U
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) 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: (ATTACH RESPONSES
FROM THEPE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES ;4 NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ) NO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE 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].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
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?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. 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
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
' S T' S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.) )
3/9 ?00
DATE

UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
ooa BEET (N.C., Knob l' ,"
•7}[C}}}???\ t!,' 1 ( 1 12fa) !
.?! l-> %,rr J mss • TOWNS--E0_ 7 - - -rin TMiocici w TM.NAI - y Fc
j J < _ \ I(t :p1! Garrett Cem f
?\ arr -
x4d
WwCt Belli - ? _ ,.'? • ? - _? C_% '
•
Ceem to rU '? I i . -PfuNips',Gap
N C.,
_ I., • \? `
M (gas \l?x?u
•\ r _
c; C HA T? G E
?LEti• t9?B??•;?J 1. , ? ; ;,. i -- ? ?, ?, ?- --
/I
1 , t •r
r`? ///''??? Ott ./ /? •? ? \ •. 4
X00
ij0
\ •? zoo a-' ?? ' ? / r ' ! ?{ ??; ^I I i ' t it ? ?? w, -
r \
-171 v
?opyngnc r iT9faptecn lnc.
s?
A D
TI1M C.V -` ?
1,1
niv.s,s7e ?•
T A H A I
oNUUU? u1o
1_s
.f
Cr?f ,
1 uir.
71f
1111
11
F,e, u-r
L,c.4rly
I
yl
i
I
I
1
r.iT
m
?7ANOQK' 1NgAN MplMillM
tuv. f..v?
F O R E S T
u to
G? M' Q ` )MANAGEMENT INDIAN WIIDWE
Fa4 ga k V /)
MANAGEMENT AREA
C
u
-it
4N Fryk J.f w ? ?i ?pC
F
10
L ? N.C.
GA.
i
COUNTY
CLAY
Av- .