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HomeMy WebLinkAbout20010762 Ver 1_Complete File_20010520Vvnl? \0?0? RpG Michael F. Easley Governor r William G. Ross, Jr., Secretary >_ .1 Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality May 25, 2001 Cherokee County SR 1564 (Brasstown Road) DWQ Project No. 010762 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Wesley T. Grindstaff, Assistant District Engineer NCDOT Andrews District Office P.O. Box 1551 Andrews, NC 28901 Dear Mr. Grindstaff: You have our approval, in accordance with the attached conditions and those listed below, to impact 100 linear feet of unnamed tributaries to Little Brasstown Creek for the purpose of upgrading SR 1564 in Cherokee County. The project should be constructed in accordance with your application dated 10 May 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 should 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 and any additional conditions listed below. 1. Any trout conditions as determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 2. Nonpoint Source and Stormwater Pollution requirements for WS-IV Waters as specified in 15A NCAC 2B.0216. 3. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of ground-disturbing activities to provide long term erosion control. 4. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel should not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 5. All work shall be performed during low flow conditions. 6. All mechanized equipment operated near surface waters should be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 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/ rage /_ or z 7. The presence of equipment in the channels must be minimized. Under no circumstances should rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 8. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 9. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap should be limited to the stream bank below the high water mark, and vegetation should be used for stabilization above high water. 10. Rock silt screens at culvert outlets should be removed at project completion. 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. 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 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Sincerely, T. Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office DWQ Asheville Regional Office Central Files File Copy STA7[ o _yd W u ^. NT' 3 w STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR SR 1564 Cherokee County May 10, 2001 Mr. Bob Johnson US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Dear Mr. Johnson: 010762 40115 S?Fa LYNDO T1ITF-FT SECRETARY i The North Carolina Department of "Transportation (NCDOT) is proposing to re-route, grade, drain, base and pave a section of SR 1564, Brasstown Road. In order to construct this project in accordance with our current secondary road standards and due to the installation of a pipe culvert carrying a live stream (unnamed tributary to Little Brasstown Creek, WS IV), we are requesting authorization under Section 404 of the Clean Water Act. -? I am sending a straight-line diagram with the proposed erosion control, stream, stream bank, and construction limits and various sites along the project where we will be in conflict with the stream. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements, general notes and standards on some erosion control measures, and a marked map. We propose to install all the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to wildlife habitats and allow the existing stream gradients to remain as unchanged as is physically possible. No threatened or endangered species are known to be present in or near the project area; therefore, no significant impacts are anticipated from 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 are being effectively controlled. If the planned devices are not functioning as intended, they will immediately be replaced with better devices. The rocksilt 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. PAYMENT RECFIVE,fl Andrews District Office P. O. Box 1551, Andrews, N. C. 28901 Phone: (828) 321-4105 Fax: (828) 321-3228 Mr. Bob Johnson Pag& 2 May 10, 2001 By copy of this letter, I am asking Owen Anderson, North Carolina Wildlife Resources Co?rnmission (NCWRC) 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 NC Division of Water Quality in the amount of $200.00 is attached to this application with the new fee schedule). We would like to begin construction as soon as possible. If further information is required, please call me at (828) 321-4105. Your early review and consideration will be greatly appreciated. Sincerely, H,I,f Wesley T. Grindstaff Assistant District Engineer WTG/rr Attachments cc: Mr. Richard Phillips, P.L'., Regional hngincer DEI-INR Mr. R. G. Watson, P.E., Division Engineer Mr. John Dorney, DWQ, DENR (with attachment) Mr. Owen Anderson, Western Mountain Region Coordinator, NCWRC Mr. T. 1-1. Kilpatrick, Transportation Supervisor III Mr. Mark Davis, Division Environmental Officer C D Pre-Construction Notification (PCN) Application Form 7 -r ?c For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. Tile USACE Individual Permit application form is available online at http://www.saw.usace.army.miI/wetlands/Perm app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.miI/wetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http:/ih2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the frill text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). r,F W A 7'F^ Page 1 of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USAGE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at littp://www.saw.usace.arniy.miI/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://l12o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 office Use Only: USACE Action 11) No. DWQ No. V 1 U-1 -1 6z orm Version April 2001 I"any particul,lr item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. Processing; Check all of the approval(s) requested for this project: L&I Section 404 Permit Section 10 Permit ?`Ul Water Quality Certification 0 Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 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: R II. Applicant Information Owner/Applicant Information Name: NOR-m CRROL yyA DeP69'rA4SA)T OF TaAN&,oaar -niDzj Mailing Address: jo Bnr 147rl 4.yZeeris. AlG 289ol PZ5.3z/. !h/06 Fax Number: BZ8.3z/. 3228 E-mail Address: „I4Ar;noW- Ae dot 04e na vs 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: WesLgy Ua,?jvs- Ap-p - As l eT^NT 'Disrt, T EN41rJavIZ Company Affiliation. NoR M CARoL? nlA DsPA,crw? -r v? "Trt?4iJspeRrtlCTlo ^] Mailing Address:_ po. Box ?551 A??s _ ?.?G z81oi ' Telephone Number: 828. 3w. +1os Fax Number: pze. 3z.1. 3zz8 E-mail Address: WiArtnJud- e dak st+,+r nc. 0s Page 3 of 12 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. Name of project: 96ALAOMAT OF SR IS'(-+, 00ASbIDW J ROAD 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): rJ 4. Location County: GHareolc>:S Nearest "Down: MvRvNy Subdivision name (include phase/lot number): ).1/A Directions to site (include road numbers, landmarks, etc.): 14w4 -7+ wsrST To NG 14.1 NC 144 Ty us &4 EAsr &+ E/K7 -m se noy SR 1100 to S12 157104 Site coordinates, if available (UTM or Lat/Long): Id /A (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: FA R N LAPI D 7. Property size (acres): /.7/ ACRES L irne 8. Nearest body of water (stream/river/sound/ocean/lake): VT uF 139A6VMAj4 Crtr_FMK (Glasb Ws IV) 9. River Basin: 141 W ASS to (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/.) 1'a(e 4 of 12 10. Describe the purpose of the proposed work: HOFNzo?+TAI. AN r> \1FlencAL ____R?/?I.14a1r?>i.IJT OF A 'pofZ'['?on1 pp SR l5(0? 1 1. List the type of equipment to be used to construct the project: g1 cteHeE 77ZAGKAgE, LbADER, DoZ?R 12. Describe the land use in the vicinity of this project: =ARMLA,?Ia, Tze&IRIMPTIALL FasgST R@Souymr- S 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. 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 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. 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. Page 5 of 12 I.; Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** - List each impact separatcly 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 floodplains 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 http://wwNv.fema.gov. *** 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: NONE Total area of wetland impact proposed: NON b, 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) SITE 1 4VI?-401z'r 100 UT of 044 OeabAOan `?'' P6r?aNrJ1AL Gr esK * List each impact separately and identify temporary impacts. Impacts include, but arc 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 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 100' Page 6 of 12 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 map) Type of Im act* p Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) • List each imnnrr cP nnrn rs•l., 0.,.1 {,L...??G, .,....... _.. _. flooding, drainage, b ulkheads, etc--------1 -----r.-••••1 .............• •,,,,1.....,, ,...,?..w, uui ulc uuL rrrUrlCU IU: Till, excavation, dreclging . 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): E] uplands E] stream E] 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.): i%J /A Size of watershed draining to poncl: N /A Expected pond surface area:_ 14 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 constriction to reduce impacts. rNG MINIMUM AMOOPAT of P191w1?. IS Ucr.7> THAT WILT, ALLOW F019 N95.t.b&A2N ROAb AND 5NDU nZ;iZ yaI>Ti 5. Page 7 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 214 .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 strearns; 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.nc.us/ncwetiands/strmgide.htm1. 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. r4 /A Page 8 of 12 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 http://h2o.enr.state.nc.us/wrp/index 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes [v? 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 (919) 733-5083 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 [v]im 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 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes [ No ? If you answered "yes", provide the following information: Page 9 of 12 a 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 1.5 Total Gone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. 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 213 .0242 or.0260. XI. 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. XII. 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 214 .0500) or any Buffer Rules? Yes ? No El Is this an after-the-fact permit application? Yes n No Page 10 of 12 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). / o Z7/0 Applicant/ gent's Sig a ure ate (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 lredell 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: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 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 Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 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: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 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 Telephone: (910) 25 1-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 1 I of 12 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlile Service Asheville Field Once 160 Zillicoa Sheet Asheville, NC 28801 Telephone: (828) 665-1 195 Brine Fisheries Service National Marine Fisheries Service I labitat Conservation Division Pivers Island Beaufort, NC 28516 'T'elephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (9 19) 733-532 1 CAMA and NC Coastal Counties State Historic Preservation Office Department Of CUltural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan I lertford Pasquotank 1638 Mail Service Center Bertic Craven 1 lyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWIZC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe I lenderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Pax: (828) 506-1754 1laywood McDowell Yancey Page 12 of 12 /60 WIF 31 ?_ • r•,?? 111 ``? ?? };/' ..y,?,,?`,("tl, f ?'r°':'-•---?--.,,, `? t _ Ile ,kJl d. M a - i ci, 1680 31 jj? /6001 w, ?,.. -Kkhoo Name: MURPHY Location: 035' 01'25.5" N 084° 00'45.3" W Date: 4/27/101 Caption: Cherokee County Scale: 1 inch equals 1000 feet SR 1564 - Brasstown Road 1 Affected Site copyright ap ec nc. STA. 15+11 BRASSTOWN RD. SR-1564 ly ?C CHECK DAMS SPACED AS REQUIRED CL . SILT BASIN G? '•, ? TYPE II 8'x 3'x 12' ol, SILT FENCE \ ROCK INLET &` PROTECTION ROCK BERM ap / ,? G SILT BASIN 1pp TYPE B 4' BRANCH 4?p4 6?? s 81x 31x 12' ROCK SILT r SCREEN K" r0 _ _ _ _ _ _ _/fir, SILT FENCE SILT BASIN ROCK BERM TYPE B 8'x 31x 12' ?I 1I 0 H I 1I 11- I i i L I ? I I 11 11? 1 1 1 I' I - --T ? 1 - I _ f II11I ..- TT- i_ ?_ --- --_-?I-:_ r '- - C --- -- I- T- OP F - - - SLO - - - - } { t-_ Ilk _L SEDi ST.OPE? _` I- I _r _ - - 1 T i f - - - - i - - Ftj ITV -? _ 11 b - -`-r? b ?7IS ING ]PlPE_tl- - - - i=14 G5T r -- Oil -Al _r It -c- r { I I Hj_ I - - - - - 0_- RI - rl {- ffl ff ?_ _ I - i- f I r- L. 7 1 1 T 1- _ 1- 1 11 I i 1 T 1 1 1 1-1 _T_ N A N T A( H A L A N\ A T I./ O N A L ?oaMh I}Is ? v' ?/ t I l ,.oe Irbz / l '. 1.01 !? `°4 '? \ r ? ? 1 ?• '• d?' use .6 lk 135, j b y a '350 / 1 oS?P ' 1354 r - G \ 1 1I re • I .?,? / . I , I r MURPHY ?, Y CrW? rOI 1 •I l ? ' n HfWASSEE ' - -.?? I]Cl "er17F:a -lG p ;'-, / 'Q?? •1 \ \? 13"40, vel 1303 rl- 10 , nt ?t ^?_ .,^.,- ?1V? ?I ?. I? I ?Y, ? may. S, r ? I 1 69 ell -•?-- 411 V, ) ^. 1 ??.._;.?.N.C. T "GA. ?I u ?I c M ? a u M G I ' A E. o . P S?Q { 93 Q I 4040 C157EROKEE ROAD NAME: BRASSTOWN ROAD ROAD NO. qR_, rIA,, WORK ORDER NO. 6.912116 FROM B ASSTOWN ROAD (SR-1564) STA. 10+00 TO: BRASSTOWN ROAD (SR-1564) STA 24+93 ADDITION: HE:L?NO x IMPROVEMENT: EEx] No TO BE PAVED: YES x No GUY WIRES POWER POLES TO MOVE: YES NO x CABLE BOXES GUY WIRES TELEPHONE POLES TO MOVE: YES No x RIGHT OF WAY WIDTH: 50 SCALE: lit = 50' DATE: Nov. 9 2000 C L i I I i ? I i 1:1 slope or flatter 1 1/2: 1 slope I or flatter 9' 9, 4 6' SHLD. 3' ?, i • SHLD. I I I DITCH ?• I ------------------------------ ------------1 ------I----? /J N LJ I.i PROJECT NO. FLOW ROAD NAME: STATION SIZE LT. RT. REMARKS 15+14 72" ADD 72" CMP (1) LBEQf4 7-1-1-iP0RAft`j SIL-7- a1rcH - STA 12 t 05 7-EM PoQAR `1 51L?r F'E/Jc1Av( 510' Rlw 14+50 Q _ I_ Q 14-50 I I I 14.00 Q I 4 14+00 h I ? I I I 13+50 O _ I 13+50 n I- I h I I 13+00 13+00 ° I ? I i I 12+50 I 12+50 510, ? I ? I I I _ f?-CO I . I I I 11+50 _ I 11+50 I I I 11+00 _ I 11+00 I I I I 10+50 _ I 10+50 I - I 510' 10+00 . +00 RIDGEFIELD FARMS INC. C/O GENEVIEVE BURDA, EXECUTRIX PO BOX 1570 MARS HILL, NC 28754 (1) 1 END CHGGK r-)AM5 I STA , 12 +oO I6E41AJ CNEUC DAMS I SrA . 10 t 0 O JI ; PL TEM Po RAR y S1 L-T FEnIGIN G (1) SIo? --- R I w - 19+50 19+5C I 19+00 I_ 19+00 I t I I 18+50 18+50 I I I 18+00 I 18+00 I I I V) 17+50 17.50 slo, RIW I - I Q 17+00 I_ 17+00 I I lEMYDRAg,f S l L_T D?rcN o I I CNEU? DAMS SPA C-1-7 (1) 16+50 16+50 I I V I 16+00 A _ I I 16+00 O I h I SILT BAS/Al THPE a Q ?2? x 3? x 2' 15+50 _ I 15+50 SILT BASIA T`1 PE L I O 510, „_ / , ® I 4L--L DD 7211 CMp AT cTe . 1155 111 L 1 00 ---?--- 1 00 -- Z4+93 24 03 P. 510, RIW 24-50 _ I- v I I 24.50 24.00 I - I _ ® 24,00 NECK DAMS SPACED A S J?CQVIREA KNG II?E? I 27-50 I - 1_ S 1 1 27.50 20+00 i I 1_ ® 27+00 I I ROBERT KEPHART 22'50 I I 22.50 ALLAN JACKSON 524 BIRCHFIELD RD. 510 311 LAUREL BRANCH RD. MURPHY, NC 28906 R I W HAYESVILLE NC 28904 0 , tv+ r 1 3) 22-00 I_ ® I 22.00 (2) TEMPORARY SiC-r r I I D1 rcN I 21.50 ® I 21.50 4 I V) I I 21.00 v I 21.00 Q I Sm, Zot50 pt,, /It/LACE E.CISTLt/q l6 I ?j S/t.T 8/l5/N Ty PB 'B CMP w/ slew Ig"cMP 20.50 ENE + 12' x 3 ?x z? 20 50 I lag CENTER-LINE SR-1571 STA. 20+14 RIW - STA. 20+14 CENTER-LINE SR-1570 PL ---- --------------24---Ca I 20 + OQ ? - _ , - -_ -- ---- - - ------- ---- STAFE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLFY WERNOR SR 1564 Cherokee County Mr. Bob Johnson US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Dear Mr. Johnson: May 10, 2001 401 /S 9??o LYNDO TIPPETT SECRETARY a WFTL.OaNDS rrr,... .. rrur,n.i, ou,,Lr 010762 The North Carolina Department of Transportation (NCDOT) is proposing to re-route, grade, drain, base and pave a section of SR 1564, Brasstown Road. In order to construct this project in accordance with our current secondary road standards and due to the installation of a pipe culvert carrying a live stream (unnamed tributary to Little Brasstown Creek, WS IV), we are requesting authorization under Section 404 ofthe Clean Water Act. I am sending a straight-line diagram with the proposed erosion control, stream, stream bank, and construction limits and various sites along the project where we will be in conflict with the stream. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements, general notes and standards on some erosion control measures, and a marked map. We propose to install all the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to wildlife habitats and allow the existing stream gradients to remain as unchanged as is physically possible. No threatened or endangered species are known to be present in or near the project area; therefore, no significant impacts are anticipated from 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 are being effectively controlled. If the planned devices are not functioning as intended, they will immediately be replaced with better devices. The rocksilt 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. PAYMENT Andrews District Office P. O. Box 1551, Andrews, N. C. 28901 Phone: (828) 321-4105 Pax: (828) 321-3228 Mr. Bob Johnson Pag6 2 May 10, 2001 By copy of this letter, I am asking Owen Anderson, North Carolina Wildlife Resources Commission (NCWRC) 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 NC Division of Water Quality in the amount of $200.00 is attached to this application with the new fee schedule). We would like to begin construction as soon as possible. If further information is required, please call me at (828) 321-4105. Your early review and consideration will be greatly appreciated. Sincerely, ??„?/ Wesley '1'. Grindstaff Assistant District Engineer WTG/rr Attachments cc: Mr. Richard Phillips, P.E., Regional Engineer DEHNR Mr. R. G. Watson, P.E., Division Engineer Mr. John Dorney, DWQ, DENR (with attachment) Mr. Owen Anderson, Western Mountain Region Coordinator, NCWRC Mr. T. H. Kilpatrick, Transportation Supervisor III Mr. Mark Davis, Division Environmental Officer ?C 0 r,F W A TF,. --r ?c Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval tinder any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.tisace.army.miI/wetlands/Perm app htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.miI/wetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.tis/ncwetIands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page I of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. Iii such cases, DCM will require a Coastal Area Management Act (LAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at ham://www.saw.Lisace.army.miI/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwettands/fees.htmi. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Pa-e 2 of 12 Office Use Only: 01076Form Version April 2001 USACD Action 11) No. DWQ No. If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 7. Processing Check all of the approval(s) requested for this project: 1 &.1 Section 404 Permit [ Section 10 Permit [Jr401 Water Quality Certification R Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 1-1 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information 1. Owner/Applicant Information Name: NoRTN CAaoLwA DepAwrmml-r OF T HNS/ORTATnod Mailing Address: Ro. Box Irsl Qa2rents dc, t8901 Telephone Number: 828. 32/. µ106 Pax Number: 828. 3Z/. 327-8 E-mail Address: oil-jr;*4444a def. sf•Jc. na. vs 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: W¢sL04 6a11lasTwPF - Ass?eTAP4T DJSMI T F-441r SSIR Company Affiliation: 140KV CARou,/A DJ AKTMGJT of _ro" 4P*FXTA-nVk ? Mailing Address: po. 'Box Issl AmDamos-1, ?. C- Mow Telephone Number: Sts. 321. +ios Fax Number: 828. 321. 327.8 E-mail Address: ,A% Q dot. sixIe. M6. vs Page 3 of 12 III. Rroject 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: 9SALI6pJmeAT of SR 1576 +, OQA9-S-rowr4 Rogy 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N 4. Location County: GW6Ror.U, Nearest Town: ?RQHy Subdivision name (include phase/lot number): p4 pA Directions to site (include road numbers, landmarks, etc.): Ow4 7¢ wF-ST To NG 144 NC 141 Tv us f04 EAST `+ BAfi-r -M sR I10o SR 1100 to s p- I sb `f 5. Site coordinates, if available (UTM or Lat/Long): p/ /A (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: FARNLAAD 7. Property size (acres): /.7/ ACRES L -r me 8. Nearest body of water (stream/river/sound/ocean/lake): UT of GRASyMOM GaeEK (Class 9. River Basin: NI WASSME (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.cnr.state.nc.us/admin/maps/.) 1'a(ye 4 of 12 10. Describe the purpose of the proposed work: l4-(zt7*A-r.A1- AN Q VERT1c.AL. RK'L-14P3M"T OF A? FOX-nonl DF SR tS"&4 1 1. List the type of equipment to be used to construct the project: OA6VApS -r eKNp?, 40AMIZ , DoZGR 12. Describe the land use in the vicinity of this project: ;=AFtMLA4a, TzebiPF-AT1A1- RiLL'Vr Resouac.e s 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. 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 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. 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. Page 5 of 12 1.? Wetland Impacts Wetland Impact Site Number (indicate on map) "Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) 'type of Wetland*** * List each impact separately and identity 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 floodplains 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 http://wwNv.fcma.gov. *** 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: NoN6 Total area of wetland impact proposed: No1Js 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on snap) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) SITE I 4Vt.-4a1zT' 100 UT of LIMc Ovawloton P6rzamiIAI. Gr esK. * 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 alter, 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 f'or 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 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest. coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 100 ' Page 6 of 12 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 map) Type of Im act* P Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) ?? A * I nI. ,1. ?J .1 -- -__.. ....,..__. _, . ., ....., .III, I Ily ... vc-a. ?Illt,]llJ IIIG?IJUC, uut arc not ntnuea to: nn, excavation, 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 [_1 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.): t4 /A Size of watershed draining to pond:_ NIA Expected pond surface area: 14 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 wily 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. 'r#4 r. mwomyM AMOorJT of piQiNfr, is UStD THAT Will. ALLow Fott NiC.LSSAtLH ROAD AND SNDV bwa WI?TNtS Page 7 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 21-1 .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 perermial 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.nc.us/ncwetlands/strmgide.litm1. 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. r4 /A Page 8 of 12 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 http://h2o.enr.state.nc.us/wrp/index.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes LJ 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes F-] No 0' 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 F-] 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 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes [-] No E] If you answered "yes", provide the following information: Page 9 of 12 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 1.5 Total T Lone t extenas out su tect perpendicular trom near bank of channel; Gone 2 extends an additional 20 feet from the edge of "hone I. 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. XI. 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. XII. 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. XIII. 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? Yes El No F] Page 10 of 12 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 Sigigai (Agent's signature is vali re 0 Z-27101 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 Iredell 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: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Allegliany Edgecombe Lee Stokes 6508 Falls of the NeuSe Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 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: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 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 Telephone: (910) 25 1-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page I I of 12 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 'T'elephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1 195 larine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Fivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 'T'elephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Bcaulort Chowan I Iert(6rd Pasquotank 1638 Mail Service Center Bertie Craven I lyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Ilanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe I lenderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 l laywood McDowell Yancey Page 12 of 12 ?- ?Y?•1 r/,•'' ?,, ?_ ,r , '?._.? n? .. •. ,? 1. 1 04 TOO 41 ?_?...1?- ?:i---??-,a (^y ?l_` `??.,,,?,..'_?; --- . ? ?, , . 'I I I ' - ? r `,yy J ? ?,? r'' ,?` •? II ? ? i% ?. ?'r ,,,,,?r,.__«-.'?..>I1ny_.\?'?,r---,.•:•?.?.? _ ? __'__-') rl h ?_? ? `'•?ryy++_"r• •? ' ?. '.. ,•` ,\,•?? •. _ r I'' J 14. 1 ?' .,,,I 1' rl?'• yII \• \ '+ j ?`y it .-.. •y '" ?y,. M ?1 r?"'- ._ r I, X11 'w?? 1 ,r' r ? ? `I3 1 S- _... '? ? ` • .. ? ,• . (,` _. 1 y / tr/ff 1,1111 I ?ti i _'_-.. 1 } 1 ? ?{ + / ' ?\ ? i ~t WI IF- WWOO? 0 1680 AJ, \ yr ` ` r~ •ti 1 f +j i/Il'(. r(r -` `i' y ?',1 !. p1.1 _ '*'? { I \\ • r : r. k.? j Cam' ?'? , %?? .? '? ? /Soo I '?•, r??^?: rl(_,r ti.. .. 7y / ?.-•? ! f "_ ? r •- -?,,._. •'• ^,5 ?? ,a ,? ? it ?? ([ffC f _?- - ,? ?' ?y r?^ ?..-.\? I? ?? ? y / 1 ? ?? .•-?.v''r^ ?NN\-'-.'"' •' 1 nhook Name: MURPHY Location: 035' 01'25.5" N 084' 00'45.3" W Date: 4/27/101 Caption: Cherokee County Scale: 1 inch equals 1000 feet SR 1564 - Brasstown Road 1 Affected Site r i STA. 15+11 BRASSTOWN RD. SR-1564 *40 0 d CHECK DAMS SPACED AS REQUIRED CL , r cp. SILT BASIN ° G? TYPE B i SILT FENCE & ROCK BERM , 4' BRANCH ROCK SILT ?- -SCREEN I SILT BASIN TYPE B -? / 8'x 3'x 12' 7 8'x 3'x 12' ?- ROCK INLET PROTECTION Sp ! cl x 32/ SILT BASIN p0 , 1 - TYPE B SE 81x 31x 12 SILT FENCE tsa 1ROCK BERM 1 ,I N I H I TT I I L. I -T- r T - - - r 1 f-? _ cL i , I-r4 I ! 11- Hj_ __ r r i- -k i- 1 _ G=- I T i0 An Is I( I I_ 1II 1_i r I H ir L?r: r 1 I -T -1 t . ; - j-- _ I I -FIp 1--} 1 , 4 ?-I - -r - 1-- _ j -iTr 1 1 ! 7! I? ?-f:l C r 19i b1= Af- - -I- I--_ i- j l i l l i I I i l' I N A N TA(H A LA r? 8. . N\A T I.'O N A L 360 \ I N 17c6 \ ? 'r ?•• / ?\ S??3 o.aM ' 0.- t uob i J IU•7 _ / ?I t ! ° ?a I \ ! I J I ?' d?' 1716 6 •??' ?: ?' 1, 1 17?) o .6 ` ,bl dl 1 Ihm.e. y 'a Ixo / /' • /•I o5al` i ' I / corn 1 na?p W0!l _ /•• /' .... 1411 s? ? 7 / G AY.S7A \ '17M 1776 \ \ \ .. .. ... I ? 1 r \ C Cnd 1] \ / I MURPHY 6 EE I i ar1l F:.l 'iP A ?n I i?, rt. ? 706 i IX7 \ ? II 13o) 15's, 1 ??\ _ 1 ti L . Ic 1.11 -Ism '633 5" _ ' wJ ._/ 6 765?? / / y ?? •/' `L rd' -•'?._ r i?'.,66 ? mod wl I.- lyo: ?' 77 I GA. 8t o G I A E.O. P 93 ? i >; f 40740 CITEROKEL ROAD NAME: BRASSTOWN ROAD ROAD NO. (Zp_, sA1, WORK ORDER NO. 6.912116 FROM BRASSY WN ROAD (SR-1564) STA 10+00 TO: BRASSTOWN ROAD (SR-1564) STA 24+93 ADDITION. YES NO x IMPROVEMENT. YES x NO TO BE PAVED: YES x NO GUY WIRES POWER POLES TO MOVE: YES No x CABLE BOXES GUY WIRES TELEPHONE POLES TO MOVE: YES - NO x RIGHT OF WAY WIDTH: 50 SCALE: lit = 50' DATE: Nov. 9 2000 CI L 1 1/2: 1 slope or flatter 9' 1 9' 1:1 slope or flatter i > /" i SHLD. 3' DITCH ' / . 6, SHLD. -------------------------------- i PROJECT NO. FLOW ROAD NAME: STATION SIZE LT. RT. REMARKS 15+14 72" ADD 72" CMP (1) TA 12 t 06 =51T- FeNC/A/( s 10' 7F--mpogAjzj PORAR i siL_T SmL r RIW 14+50 4 _ I_ Q 14-5) I I I 14.00 p I- 4 14+00 I I i 13+50 O 13-50 n I o I ? I I 13+00 13.00 ° I ? I I I 12.50 I ,7.50 R I w___ h I k I I 12.00 10+00 i I I I 11+50 11.50 I 1 I I 11+00 _ I 11+00 I I I I 10+50 _ I 10+50 1 1 210, I _ -A : + 00 RIDGEFIELD FARMS INC. C/O GENEVIEVE BURDA, EXECUTRIX PO BOX 1570 MARS HILL, NC 28754 (1) END CM tGlC DAM 5 STA . 12.+00 SE414 CNEGK DAMS I SrA , to t o 0 JI i PL EM o RA4 S 1 L.T TF"GIN (1) IEMPoj?ARN Slt.r D1 rcH SOLT ' 13ASIM TMPE a /2r'A 3'x Z' 5I 0• --- R i W --- 19+50 19+50 I A I I 19+00 I 19+00 I _. --' I S PA C-F- D ®o CNECK DAMS As I:Fr- ED I 16+50 16+50 I A I I 16+00 16+00 I 'IF I V I 0 17.50 17+50 (1 ) 510, RIW I V I n 17+00 I 17+00 I ? I I n 16,50 16+50 I I V I A 16*00 16+00 I o I h I 1 S1Lr BASiAI TYPE 0 3 15+50 2' _ 15+50 . I o I `Y ® 510, I vin ® -1 niiD 72" GMP AT CTA 15114 I 1 00 ---?--- 1 00 - + 01 %W 2 It 4- 9 .3 510' R1w 24-50 - 1_ . I I 24.50 I i 24-00 ® 2400 CN EC.K DAMS SPAC E D rPOaAati SILT 1 I A S RtQJiRE.D t'GNG I llEi I 23.50 I - I- v I I 23-50 23.00 I I I _ ® 13.00 I I ROBERT KEPHART 22'50 I I 22.50 ALLAN JACKSON 524 BIRCHFIELD RD. 510 311 LAUREL BRANCH RD. MURPHY, NC 28906 Rlw HAYESVILLE, NC 28904 0 ? I I 3) 12.00 ® I 12.00 (2) TEMPORARY slf.T A I I pl TGN I 2x.50 I 21.50 o I V I I 21400 - I _ v I 21.00 o I STR. 20 t 50 I / AI STWC7 /0 R?°IACE E' I = W/ "Jew IB"cMP 20«?50 - I 20+5 33 - _ 0 I -------------------- --- 510' CENTER-LINE SR-1571 STA. - 20+14 R I W - STA. 20+14 CENTER-LINE SR-1570 PL ----- --------------ao?-QQ -I_ 2o-+-on - ---- - - ------- ----'7