20010900 Ver 1_Complete File_20010614

OF w A r?9 Michael F. Easley
`O? pG Governor
7 William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 21, 2001
Cherokee County
DWQ Project No. 010900
NC 294; TIP Project No. W-3802
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Greg Shuler, Design Construction Engineer
Division Design Construct Office
NCDOT Division 14
P.O. Drawer 37
Sylva, NC 28779
Dear Mr. Shuler:
You have our approval, in accordance with the attached conditions and those listed below, to impact 90
linear feet of an unnamed tributary to Bearpaw Creek in order improve NC 294 in Cherokee County. The
project should be constructed in accordance with your application dated 8 June 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 4imited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulation: 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.
2.
3.
4.
In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or as otherwise determined by the North
Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
The culvert required for this project shall be installed in such a manner that the original stream
profiles 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.
All work shall be performed during low flow conditions.
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:/lh2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
5. 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.
6. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm
water sheet flow.
7. 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.
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 828.251-6452.
Sincerely,
erp
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
WA
Michael F. Easley
Governor
T F9Q?
C/) r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 21, 2001
Cherokee County
DWQ Project No. 010900
NC 294; TIP Project No. W-3802
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Greg Shuler, Design Construction Engineer
Division Design Construct Office
NCDOT Division 14
P.O. Drawer 37
Sylva, NC 28779
Dear Mr. Shuler:
You have our approval, in accordance with the attached conditions and those listed below, to impact 90
linear feet of an unnamed tributary to Bearpaw Creek in order improve NC 294 in Cherokee County. The
project should be constructed in accordance with your application dated 8 June 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 anted 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.
2
3.
4.
In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or as otherwise determined by the North
Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
The culvert required for this project shall be installed in such a manner that the original stream
profiles 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.
All work shall be performed during low flow conditions.
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/
Page 2 of 2
5. 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.
6. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm
water sheet flow.
7. 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.
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 828.251-6452.
Sincerely,
' Kerr T. Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy

,? s*Nr
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHEAL F. EASLEY
GOVERNOR
June 8, 2001
Cherokee County
NC 294
TIP# W-3802
Mr. Steve Lund
010900
LYNDO TIPPETT
SECRE'T'ARY
iZ
US Army Corps of Engineers
Regulatory Field Office
151 Patton Ave, Room 208
Asheville, NC 28801-5006
Dear Mr. Lund:
The North Carolina Department of Transportation is proposing to realign a section
of the existing roadway on NC 294, in Cherokee County. In order to construct this
project m accordance with our current standards, we are submitting this permit
application for the placement of one (1) pipe in an unnamed tributary of Bearpaw Creek
(DEM Class C) for approximately 90 feet. We are requesting authorization under Section
404 of the Clean Water Act.
I am sending a diagram with our proposed erosion control and construction limits
at the specific site on this project. In addition, a typical section of the road, a quad map,
and a marked county map are enclosed. We propose to build a reinforced concrete
headwall on the inlet end of the proposed pipe. The proposed pipe will be installed with
six (6) inches of the invert elevation below the existing stream elevation to ensure aquatic
habitat stabilization. Natural substrate will be left on the bottom of the channel to
minimize impact to Wildlife habitat and allow the existing stream gradients to remain as
unchanged as physically possible.
The NCDOT has conducted a mussel survey concerning the federally endangered
little-wing pearlymussel (Pegias fabula), on the project (See attached letter). The best
management practices will be used to minimize and control sedimentation and erosion on = ,
this project. The project inspector will review all erosion control measures daily to ensure
sedimentation and erosion controls are being effectively controlled. If the planned devices
are not functioning as intended, they will immediately be replaced with other devices.
The silt fences and other erosion control devices will be in place prior to pipe 'J
construction and will remain in place until the project is stabilized.
Division Design Construct Office
Division Fourteen, Post Office Drawer 37, Sylva, NC 28779
Telephone [phone] Fax [phone]
www.doll. dot. state. nc. us
Mr. Steve Lund
Page 2
By copy of this letter 1 am asking Mr. Owen Anderson, Mountain Regional Coordinator,
of the NCWRC 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 Department of Environment and Natural Resources (DENR),
Division of Water Quality. In addition, I am asking Mr. Anderson and Mr. Ed Ingle, Area
Roadside Environmental Engineer (NCDOT), to comment directly to me concerning this permit
request.
We would like to begin construction as soon as right of way is obtained. If further
information is required, please advise. Your early review and consideration will be appreciated.
Respectfull
Gre Shuler
Design Construction Engineer
gss
atta.
cc: Mr. R.G. Watson, P. E., Division Engineer
Mr. E. L. Ingle, Area Roadside Environmental Engineer
Mr. John Dorney, Water Quality Certification Unit, DWQ, DENR
Mr. Owen Anderson, Mountain Regional Coordinator, NCWRC

OF wAT?1i'
?~ pG
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 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. The USACE Individual Permit application form is available online at
http://w-ww.saw.usace.anny.mil/wetlands/Penn 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.mil/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.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 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 [phone].
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 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 [phone]. 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 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 http://www.saw.usace.anny.miI/wetlands/ii"finalFedReg.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/ncwetiands/t.ees.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: 0 10 9 O Form Version April 2001
USACE Action ID No. DWQ No. 0
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. 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: NW 14
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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: PO Box 37, Sylva, NC 28779
Attn: Greg Shuler, Design Construction Engineer
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
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: Greg Shuler, Design Construction Engineer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: PO Box 37, Sylva, NC 28779
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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 1 I 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: W-3802 Safety Improvements on NC 294 from SR 1150 to SR 1312
2. T.I.P. Project Number (NCDOT Only): W-3802
3. Property Identification Number (Tax PIN): 4542-36-6455
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take Hwy. US 64 West from
Murphy, and proceed approximately 7.5 miles to the intersection of NC 294. Turn right and
travel 6.4 miles to the intersection of SR 1312, which is the beginning of the project.
5. Site coordinates, if available (UTM or Lat/Long): N526721.4606, E444237.3221
(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:
Agriculture
7. Property size (acres): 4.14 Acres(Area within the proposed Right of Wa limits) imits)
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Bear Paw Creek
9. River Basin: Hiwassee
(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.ne.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: To provide a safer road for the traveling
public.
11. List the type of equipment to be used to construct the project: Bulldozers, excavators,
backhoes graders trucks and paving machinery.
12. Describe the land use in the vicinity of this project: Pasture and Agriculture _
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.
This is a NCDOT TIP project but has no prior USACE or DWQ project number.
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: No additional permits are requested at this time.
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
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. 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***

* 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 floodplains are identified through the Federal Emergency Management Agency's (FF,MA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.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:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 New Pipe 90 UT to Bear Paw Creek 4 Perennial

* 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
www.usas.t ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 90 linear feet
Page 6 of 12
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 Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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 ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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.
We oronose to construct a fill roadwav section across the unnamed tributarv to Beamaw
Creek. The existing roadway has a 60" pipe that is currently in place. That pipe will be removed
and that section of stream will be restored to a natural state, including_ planting of native plants,
and placement to stone to create eddies and irregularities. At the proposed site for the new pipe, a
concrete headwall will be placed at the inlet end. The new pipe will be a 66" Corrugated Steel
Pipe, with 6" of the invert buried to allow for a natural substrate to form and accommodate
aquatic life.
Page 7 of 12
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.nc.us/ncwetlands/strmaide.htm].
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.
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.lis/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 ® 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 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .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
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
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 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.
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 ? 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).

?C)
Applicant/Age 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 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: [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 Surry
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
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] 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: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
Jun 16 '98 10:02 P.02
ATION
JAMES B. liurrr )a eQ. BOX252U1; RAL IGHJ4.C 27611-5201 ! Noiu:ls TOLSUN
SECRETARY
4c?vEurioa
.trine: it ; 1998 1
MemoranduM.- Tim
Division 14 1..
From: Tim,Savidge, Enviroh6ientai Biologist
Natural':R?e'saurces Section,.f'lii?uzpi-)g & Environmental Branch
Subject:, Mttssel si?rvey`foii, proposed. pipe extension and concrete collar
construction. oh Bear;Paw Creek a oRg SR 1312; Cherokee County.
The.'EMongered little-wing pearlymuisel (Pegia? fabula) is liged,, by the QS Fish
and Wildlife :Service. (FWS) to occur in Cherokee. County' . Per your 'regoest, a survey was
conducted at the project' site for ihe presence of trestiwateF rhusselsion May 28, .lf 998 by
NCDOT. biologist -Tim Savidge'arid. FWS B otogis&Bob Buflet, 'Mv i•k :Cantrell and John
Fridell. ' Suitable habiiat'tor mussel fauiiA-is not present in dl is stret6> at :Bear Paw Creek.
No freshwater mussels were- faupd.
Biological Conclusion: ; i No Effect
Given the sarv..ey xestiltsy i,tis appare tt? that: ihie.little, -wing pearlymussel .does not
occur in.the :project :ar&ji can be correlud6d!that pr' ect.construction will not impact
this species.
cc: V. Charles Bruton, Ph D. EnvifonMei-tai Unit Head
Hal Bain,'lJnvironmeittal':Superv.istl ^ i
File: Protected species: issues
!? j I
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_ PROP. 90',
66" CSP
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SAFETY IMPROVEMENT ON NC 294
CHEROKEE COUNTY
TIP PROJECT # W-3802
CORRESPONDING USGS QUAD: PERSIMMON CREEK
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It appears from filemaker this was issued on 6/21/01, through triage. However, the file is not with the
issued files. I'll pass this along to Cynthia to see if she knows about it. She's going to be out most of July,
please note.
Mike Parker wrote:
This project just showed up with no triage sheet or cover letter.
think I talked with Cynthia or John about this but I filled out the
staff report. It is ready for you. Mike
Mike Parker - [e-mail]
North Carolina Dept. of Environment and Natural ResoUrceS
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
I of l 7/5/01 3:56 P1V
MEMORANDUM
- TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - NC 294 County Cherokee
Project Number 01 0900 County2
Recvd From DOT Region Asheville
Received Date 6/14/01 Recvd By Region
Project Type road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
F 14 Stream O YO N F- 1-66 ?C F--40,502. F_ 90.00 90.00
x
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y l0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y pO N Recommendation: Q Issue QQ Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 350506
Longitude (ddmmss) 841211
Comments:
90 feet of nine to be installed for road realignment.
60 feet of nine to be removed under old road bed.
Recommence the following:
ape to be beeded ' provide for fish and wildlife movement.
2. Sediment and erosion control required.
3 The restorers channel should he constructers to the same dim nsion, pattern and profile of the
ex*. g undistrubed channel.
4,Eq pment in the channel should be kept to a minimum.
5_ Stormwater should he deverted to buffer areas or retention basins.
5_ The use of rip rap is to be minimized. Native vegetation should be used for bank stabilization.
cc: Regional Office
Central Office Page Number 1