20011403 Ver 1_Complete File_20010924

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DWQ Project No.: O//403 County: ,4
Applicant:
Lin Do ?2%.Vl_siqtj ? < < 2 ?e
Project Name: Z I t o LL D D.
Date of Issuance of 401 Water Quality Certification: CTO
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicabW'tuffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer.It is not necessary to send certificates from all of these.
Applicant's Certification
I, , ?' L)AAJ&1L V. 6 , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: .wr9b1,. (;C:l Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date
NCDEM
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
F WgTF Michael F. Easley, Governor
0 9pC. William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
> Acting Director
O Division of Water Quality
October 1, 2001
Avery County
DWQ Project No. 011403
SR 1158 (Cole Hollow Road)
APPROVAL of 401 Water Quality Certification
Mr. Heath Slaughter, Division Environmental Officer
NCDOT Division 11
P.O. Box 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the attached conditions and those listed below, to impact
135 linear feet of an unnamed tributary to Cow Camp Creek in order to improve SR 1158 (Cole
Hollow Road) in Avery County. The project must be constructed in accordance with your application
dated 4 September 2001 (received 24 September 2001). After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification No. 3289, corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you must acquire any
other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit unless otherwise specified in .the Water
Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ and submit 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 the conditions. If total wetland fills
for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the
future) exceed 150 linear feet, 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.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
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 Ms. Cynthia Van Der Wiele at 919.733.5715
or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208.
Sincerely,
J. Thorpe, Ph.D.
D
irector
qg
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
FILE COPY
TO: Jean Manuele, USACOE
Raleigh Field Office
FROM: Maryellen Haggard, DOT Permit Coordinator
Habitat Conservation Program
DATE: September 24, 2001
SUBJECT: North Carolina Department of Transportation (NCDOT), SR 1158, Old Cow
Camp Road, Unnamed Tributary to Cow Camp Creek, Avery County
The North Carolina Department of Transportation (NCDOT) is requesting a concurrence
letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit
from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed
the proposed improvements and are familiar with habitat values of the project area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C.
466 et seq.).
NCDOT is currently making improvements on SR 1158 under a Nationwide Permit #3.
A site inspection revealed a waste area adjacent to station number 43 + 20, Mrs. Betty Cole's
yard, that will require the additional placement of 135 linear feet of pipe on an unnamed tributary
to Cow Camp Creek. We have no objection to the work proposed, however, we are concerned
that this waste site was not previously identified in the review process. Waste areas should be
identified and located in the original permit and included in the calculation of cumulative
impacts for a project.
Thank you for bringing the situation to our attention and allowing us the opportunity to
review the additional project impacts. If you have any questions regarding these comments,
please contact me at [phone].
cc: Cynthia Van Der Wiele, NCDWQ
Heath Slaughter, NCDOT
"Oe
401 ISSUED
.._?. FIB, E Copy
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO 77PPETT
GOVERNOR PHONE: [phone] SECRETARY
September 4, 2001
Mrs. Jean Manuele S& 2 4 2MI
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #39
SR 1158, Cole Hollow Road (also called Old Cow Camp Road)
Avery County, North Carolina
Project Number: 6.722008B 01 1 4 0 3
Dear Mrs. Manuele:
The NC Department of Transportation submitted a Nationwide Permit #3 application to the office
of Mr. Steve Lund on November 28, 2000, for authorization to grade, drain, base and pave SR
1158, Cole Hollow Road in Avery County. Mr. Lund issued the Nationwide Permit #3 on
January 25, 2001 (Action ID # 200130248, copy attached). No water quality certification was
required at the time of the initial application.
The previously authorized grade, drain, base, and pave activity on SR 1158 is underway. As you
are aware, most of the grade and drainage work is now complete. A recent site inspection
revealed an active waste pit on the property of Mrs. Betty Cole. Mrs. Cole's property is located
at 828 Cole Hollow Road and is immediately adjacent to station number 43+20 on Cole Hollow
Road.
An unnamed tributary to Cow Camp Creek (class: C) runs through Mrs. Cole's yard. Although a
large volume of waste has already been placed into the yard, no fill has been placed into the above
noted creek. Since this material has already been deposited, we are proposing to place 135 linear
feet of pipe into the above noted UT and backfill over the new pipe.
Please note that Mrs. Cole and the grading contractor, Riverview Construction Co., came to a
mutual agreement to place waste material from the adjacent DOT project into Mrs. Cole's yard.
This agreement was made after the initial permit application was submitted. Mrs. Cole and
Riverview Construction were not aware that a permit would be needed for this activity. In
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAx [phone]
19
I'
Mrs. Jean Manuele
SR 1158 (Cole Hollow Road)
Page 2
September 4, 2001
addition, the DOT District Office in Boone was not aware of this agreement until recently. As a
result, authorization to place waste at this location was not requested in the initial application
dated November 28, 2000.
The Division 11 Environmental Officer reviewed this project for the presence of threatened and
endangered species on August 27, 2001. The subject project has been determined to have no
effect on any listed threatened or endangered plant or animal species.
The NCDOT Historical Architecture Section has reviewed this project and determined that there
are no NR/SL/DOE projects along this roadway that will be impacted by the proposed project. A
concurrence form from the State Historic Preservation Office has been signed as well.
Attached is a Preconstruction Notification Form, a copy of the initial permit application dated
11/28/00, a sketch of the waste site area, a marked county map, a marked topography map and
photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
By copy of this letter, I am forwarding seven (7) copies of this application package to Cynthia
Van Der Wiele, NCDENR, Division of Water Quality, 401/Wetland Unit, for her review. A
$200.00 check is enclosed for the 401 certification processing fee. It is requested that any
comments related to the 401 certification be forwarded directly to the Corps with a copy sent to
me.
If further information is required, please let me know. Your early review and consideration will
be greatly appreciated.
Sincerely,
Heath Slaughter
Division Environmental Officer
Enclosures
,Aw
i
Mrs. Jean Manuele
SR 1158 (Cole Hollow Road)
Page 3
September 4, 2001
cc: Jean Manuele, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Brian Cole, US Fish and Wildlife Service
Cynthia Van Der Wiele, Division of Water Quality (7 copies)
R. C. McCann, PE, Division Engineer
Martin Bolick, District Engineer
Johnny Brown, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Area Roadside Environmental Engineer
James E. Johnson, Riverview Construction Co.
Mrs. Betty Cole

Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. ®1 14 0 3
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
IL Applicant Information
1. Owner/Applicant Information
Name: Mrs. Betty Cole and NCDOT (joint application)
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent 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: Heath Slaughter. Division Environmental Officer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau hter ,dot. state. nc.us
n___ 1) „c III
40
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 may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE 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: SR 1158. Cole Hollow Road (also called Old Cow Camp Road)
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Avery Nearest Town: Newland
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Newland, travel west on
SR 1157. Turn left onto SR 1158.
5. Site coordinates, if available (UTM or Lat/Long): UTM: 17 414452E 3993921N
(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. Describe the existing land use or condition of the site at the time of this application:
Residential Yard
7. Property size (acres): Approximately 0.2 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): UT of Cow Camp Creek (Class: C).
9. 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/.)

44
10. Describe the purpose of the proposed work: Waste Pit.
11. List the type of equipment to be used to construct the project: Trackhoe, and bulldozer.
12. Describe the land use in the vicinity of this project: Residential/Farm
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 USACE 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.I.P. project, along with
construction schedules.
The waste material located in Mrs. Cole's yard originated from the grading work associated
with the paving of SR 1158. A Nationwide Permit Number 3 was issued by the COE on 1/25/01
for the rg ade, drain, base and pave activities. Corps Action ID # 200130248 (copy attached.
The application date was 11/28/00. No DWO_permit was needed at the time of the original
application.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VL 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 may be
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.
n.,.... a .,c 1,$
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1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year iloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpl/w-Nti-%v. feTna. pov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0 acres
Total area of wetland impact proposed: 0 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average
Width of
Stream Before
Impact perennial or
Intermittent?
(please specify)
Adjacent to
Station No. 43+20 Pipe installation
and fill 135 feet UT of Cow Camp Creek 1 foot Intermittent

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w,%tiw.ussns.'ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w%%-w.mapgtwst.com, etc.).
n__C Q1n
Cumulative impacts (linear distance in feet) to all streams on site: 135 In. ft. of new impacts.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Watcrhod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, Lxcaiv-ation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.):
Size of watershed draining to pond: Expected pond surface area:
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.
Mrs. Cole contacted the Grading Contractor workine on the navinn nroiect that is currentl
underway in front of her house. She and the contractor agreed on establishing a waste site in her
yard to flatten out her land. At the time that I viewed this site, waste had already been deposited
in Mrs. Cole's yard. However, the creek running through hrough the yard has not been filled. Impacts
will be minimized by installing no more than 135 linear feet of pipe through the yard even
though approximately 180 linear feet is needed to completely fill all low areas.
T%--- -7 -e 1 l%
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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.ne.us/ncwetlands/stnngide.htmi.
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.
N/A
.L __ 0 -C 11
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httn://h2o.cnr.statc.nc.us/i,Twindcx.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
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 a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
TV__ A -r T 1
Yes ? No ® If you answered "yes", provide the following information:
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* mp Impact feet Multiplier lRtequired
1 3
2 1.5
Total
Gone 1 extends out ju tect perpendicular trom near U= of channel; Gone Z extends an
addidona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XL Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
All appropriate best management practices for sediment and erosion control will be
implemented during construction.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XM. Violations (DWQ Only)
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?
n....... In ..C /'1
Yes ? No
XIV. 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Ircdell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Suny
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
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NCDOT BOONE DISTRICT Fax:[phone] Sep 4 '01 1256 P.02i02
U.S. ARMY CORPS OF ENGINEERS
WILNIINGTON DISTRICT
Action Id. 200130248 County: Avery
GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Attn: Martin L. Bolick, Post Office Box 1460, Boone, NC 28607
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town; etc.):
SR 1158 (Old Cow Camp Road) from the intersection with SR 1157 south for a distance of 1.1 miles crossing
unnamed tributaries to Cow Camp Creek west of Newland
Description of Activity:
Grade, widen and pave approximately 1.1 miles of Cow Camp Creek Road to meet
minimum safety standards. Replace and extend four pipe culverts at stream crossings with a
total of approximately 50 linear feet of additional channel impacts. SPECIAL CONDITION:
All conditions of the attached North Carolina Wildlife Resources Commission letter of
December 13, 2000 are hereby incorporated as special conditions of this permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
3 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date January 25, 2001
Corps Regulatory Official Steven Lund
Expiration Date of Verification February 11. 2002
SURVEY FLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Telephone No. (828) 2714857
CESAW Foam 391
R.tiAd July 1993
County AIOR t NCDOT Division # District 4 69,
CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL
REGISTER OF HISTORIC PLACES,
FOR STATE FUNDED SECONDARY ROAD PROJECTS ONLY
ot,D
Project Description: ..... PAVE A/V D IM?90 VF__ 5r2 115 U-) (9-MP /2 0/qD?
14AY
On U01 , representatives of the
i
North Carolina Department of Transportation (NCDOT)
North Carolina State Historic Preservation Office (HPO)
Other
Reviewed the subject project at
a scoping meeting
photograph review session/consultation
F] other
All parties present agreed
There are no properties over fifty years old within the project's Federal Permit Site's (or Sites') area (or
areas) of potential effects (APE).
There are no properties less than fifty years old that are considered to meet Criterion Consideration G
within the project's Federal Permit Site's (or sites') area (or areas) of potential effects.
There are properties over fifty years old (list attached) within the project's Federal Permit Site's (or Sites')
area (or areas) of potential effects, but based on the historical information available and the photographs of
each property, properties identified as are considered not eligible for the National Register and no
further evaluation is necessary.
There are no National Register or Study-Listed properties located within the secondary road project's area
of potential effects.
There are no historic properties affected by this project. (Attach any notes or documents as needed)
Signed:
I-
Representative, NCDOT Date
Representative, HPO ate
/UO/
State Historic Preservation Officer Date
If a survey report is prepared, a final copy of this form and the attached list will be included.
NO NR OR SL PROPERTIES
NO PROPERTIES OVER FIFTY YEARS IN AGE
NO PROPERTIES UNDER FIFTY YEARS IN AGE
MEETING CRITERION CONSIDERATION G
within Federal permit area(s) or APE
for the attached project.
Surveyed by Ed Davis, NCDOT Historic Architecture
with Heath Slaughter, NCDOT Division 11 DEO
March 2001
May 17, 2001
r swi o?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DAVID MCCOY
GOVERNOR BOONE DISTRICT OFFICE SECRETARY
November 28, 2000
Mr. Steve Lund
U.S. Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Dear Mr. Lund:
The NC Department of Transportation is scheduled to grade, drain, base, and pave
SR 1158, Old Cow Camp Rd., in Avery County when the necessary permits are obtained. This
project will require replacing four (4) cross-line pipes and construct one brick Drop Inlet, which
carry unnamed tributaries to Cow Camp Creek. Also, this project will require an encroachment
in the creek buffer zone. Cow Camp Creek DEM classification, C,Tr.. Due to the proposed
work, we are requesting a 404 Nationwide Permit 3.
1 am sending a Pre-Construction Notification Application, typical roadway section, straight-
line sketch with the proposed erosion control, notes on pipe installation, general notes on
erosion control, cross sections of proposed encroachments in the creek buffer zone, and a
marked county map.
By copy of this letter, I am requesting Mr. Ron Linville, Western Piedmont Region
Coordinator to comment directly to you concerning the 404 Nationwide Permit request. Since
a request will be made for a temporary encroachment in the creek buffer zone, I am also
requesting Mr. Linville to comment directly to me concerning the encroachment.
We would like to perform this work as soon as possible. If additional information is
required, please let me know. Your early review and consideration will be greatly appreciated.
Yours truly, p
Martin L. Bolick
District Engineer
P. O. BOX 1460, BOONE, NC 28607
PHONE [phone] FAX [phone]
Page 2
Mr. Steve Lund
November 14, 2000
SR 1158, Old Cow Camp Rd.
Avery County
MLB/KKW:kw
Enclosures
cc: Mr. Ron Linville, Western Piedmont Region Coordinator, NCWRC
Mr. Richard Phillips, PE, Regional Engineer, NCDENR
Mr. Carl McCann, PE, 11'' Division Engineer
Mr. Neil Trivette, Area Roadside Environmental Engineer
Mr. Johnny Brown, County Maintenance Engineer
Mrs. Vanessa Patrick, Project Development & Environmental Analysis
r
DWQ ID: _ CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 3
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: NC DEPARTMENT OF TRANSPROTATION
2. MAILING ADDRESS: PO BOX 1460
SUBDIVISION NAME N/A
CITY: BOONE STATE: NC ZIP CODE: 28607
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
SRI 158, in Avery County
3. TELEPHONE NUMBER: (HOME) _ (WORK) [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER
MARTIN L. BOLICK
PO BOX 1460
BOONE, NC 28607
[phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Avery - NEAREST TOWN: Newland
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SRI 158, (See attached
marked county map)
6. IMPACTED OR NEAREST STREAM/RIVER: Unnamed Tributary to Old Cow Camp Creek
RIVER BASIN: French Broad River
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 E] IF YES, EXPLAIN: DEM Classification C, Tr.
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X
(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?
w
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 E] NO X IF YES, DESCRIBE ANTICIPATED WORK: _
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 5.9 Acres
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.00 Acre
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: _ OTHER :
DRAINAGE :.03 TOTAL ACRES TO BE IMPACTED:
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: _FT AFTER _FT
WIDTH BEFORE (based on normal high water contours): _FT
AVERAGE DEPTH BEFORE: FT AFTER FT
(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 Pipe Replacements and one Drop Inlet
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I I DRAWINGS ONLY)
Replace 30'-18" CMP with 40'-l8" Coated CMP, 30'-18" CMP with 40'-1.8"-Coated CMP, 30'-36" CMP
with 40'-36" Coated CMP 30'-36" CMP with 50'-36" Coated CMP and one Drop Inlet, which carry
unnamed tributaries to Cow Camp Creek. Please note: that there will not be any work from the outside
shoulder to the creek as noted on attached plans.
13. PURPOSE OF PROPOSED WORK: This work is part of a proiect to grade, drain, base and pave
SRI 158 Old Cow Camp Creek, in Avery County.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
By utilizing erosion control measures as shown adverse impacts to wetlands will be minimized.
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: By copy of this application
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED N/A, requesting
NWP 43.
s`
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ? 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 ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
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
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 M[AP. 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? Residential & Agricultural
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
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
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM,
OWNER'S/AGENTS SIGNATURE DATE
(AGENTS SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
i
01 1403
2 4 2001
Top and Bottom: Waste site at 829 Cole Hollow Road, Avery County.