20021654 Ver 1_Complete File_20021011

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021654
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
Mr. Steve Lund
PO BOX 3279, ASHEVILLE, NC 28802
October 8, 2002
SECRETARY
OCT 2!02
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #33
SR 1100, Big Hill Road
State Project No. 6.872398 (DWQ Minor Permit Fee $200)
McDowell County, NC
Dear Mr. Lund:
I have enclosed a diagram, a PCN application for NWP #33, and a vicinity map relative
to the temporary catch basin installed on SR 1100, Big Hill Road, McDowell County,
NC.
The temporary catch basin was installed following a site visit and consultation with the
Corps, Mr. Mike Parker of NC Division of Water Quality, and Mr. Dennis Owenby of
NC Division of Land Quality. The purpose of the basin is to retain sediments that
entered Crooked Creek during the land slide event of September 25-27. The temporary
basin will be maintained during the slope repair activities. All materials removed from
the basin will be hauled to an upland location. The anticipated time needed to repair and
stabilize the slopes is 4-6 weeks. At the end of slope stabilization, the basin will be
removed and the original stream conditions restored. Following slope stabilization, NC
DOT, will coordinate with the Corps, DWQ, WRC and Land Quality to examine
alternatives to alleviate impacts to Crooked Creek that resulted from the slide.
No significant effect on federally listed species (threatened or endangered) or their
habitats is anticipated.
By copy of this letter, we request Owen Anderson, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
. 0
Mr. Steve Lund
Page -2 SR 1100, McDowell County
October 8, 2002
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project. The stream is not classified as trout. A buffer variance
will not be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Cynthia Van der Wiele, NC DENR, Division of Water Quality, 401/Wetland Unit for
review and comment. Please charge the application processing fee of $200.00 to work
order # 6.872398. Please forward comments directly to the Corps with copy to Division
13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at [phone].
Sincerely,
p f?
Rog D. Bryan`
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
G. R. Spangler
L. R. Watkins, P.E.
Ed Ingle
Owen Anderson
Cynthia Van der Wiele
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. _ 021654
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 33
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
Owner/Applicant Information
Name: NC Department of Transportation
Mailing Address: P.O. Box 3279
Asheville, NC 28802
Telephone Number: 828-251-6287 Fax Number: 828-251-6394
E-mail Address: rdbryan(a,dot.state.nc.us
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1100 Big Hill (Mount Hebron) Road
2. T.I.P. or State Project Number (NCDOT Only): 6.872398
3. Property Identification Number (Tax PIN):
4. Location
County: McDowell Nearest Town: Old Fort
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): SRI 100 is located between NC 9
and I-40 at the McDowell/ Buncombe County line.
5. Site coordinates, if available (UTM or Lat/Long): 35 34'1 T'N 82 15'02"W
(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:
Existing secondary road
7. Property size (acres): 0.1
8. Nearest body of water (stream/river/sound/ocean/lake): Crooked Creek
9. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.nc.us/admin/ma-os/.)
Page 2 of 8
10. Describe the purpose of the proposed work: We propose to install an instream catch basin
in an attempt to contain sediments that entered Crooked Creek during a land slide event that
occurred during S Member 25-27 The basin will temporarily impact approximately 50
linear feet of Crooked Creek.
11. List the type of equipment to be used to construct the project: Excavator, backhoe, and
trucks.
12. Describe the land use in the vicinity of this project: Rural farms, and wooded.
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.
N/A
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 no future plans
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.
1. Wetland Impacts
Wetland Impact Type of Impact* Area of Located within Distance to
Page 3 of 8
Site Number Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) acres es/no linear feet
N/A

r..,,t., ....A :A.r:R, ro..,,. -r ;--tc imnactc include but are not limited to- mechanized clearin¢. eradine. 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 h!M://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: 0.0
Total area of wetland impact proposed: 0.0
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+69 Catch Basin (t) 50 Crooked Creek 2 P

* List each impact separately and identify temporary impacts. impacts mciude, out are not umued to: cuiverts and assouiatud 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.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 50 feet (temporary).
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.
N/A

* List each impact separately and identity temporary impacts. impacts mc,uac, out arc ,tt,t „t„ttcu wy aAa aYaa,Vay ""^'b"'b+
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.
The catch basin is an attempt to contain materials from a land slide that occurred during a
rainfall event in excess of 5 inches during a 2 day period
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.
Page 5 of 8
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:/ih2o.enr.state.nc.us/ncwetlands/strrngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
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.usiMU/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):
Page 6 of 8
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X 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 X
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 X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* 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.
Page 7 of 8
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.
N/A
XII. Sewage Disposal (DWQ Only)
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes X No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
With regard to hazardous spill basins the road is not classified as an arterial route, therefore
hazardous spill basins are not required
/B
t/Agent's Sigfture s i mce
signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
1
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Vicinity Map: SR 1100, Big Hill Road, McDowell County, NC (Black Mountain
Quadrangle, Scale 1:24000).
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SR. 1100 Big Hill Rd.: begin project at survey Station 0+00 in the
P centerline of SR. 1100, 1.7 miles west of SR. 1101, thence in a
A. westerly direction for a distance of 5,065.97 feet, 0.96 miles, to the S?6
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end of project at survey station 50+65.97 at the county line.
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MCDOMELL COUNTY
SR. 1100 BIG HILL RO.
5MET 9 OP 21
ARTHUR J. JR. a MATCH LINE STA. 3+00 3
5 MARY HEMPHILL r?
06. 345. \\+? ROY H. MDDRE 8
PG. 775. ' 85
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D. BOX 1183 •:•.? 939.' 74
BLACK MOUNTAIN. NC. 28711 OB. 243. PO* 1?; 1 747 ROY MOORE R0.
669 - $'.189 ` DNA. FL. 33865
I 2+35 EXISTING
/ 30' X 18' CSP
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STORAGE AREA o
3.961 C.F.
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TERRY ALLISON
I C/O KILLOUGHS MUSIC q? ( t
08.618. PG. 373.'M
275 S. MAIN ST.
MARION. NC. 28752 Q
652 - 9077 n \ ,Q
EXISTING 40' X 72' CSP
?c BEGIN PROJECT STA. 0+00 t SR. 1100
BEGIN PROPOSED 25' R/W LT. & RT.
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NOTE:
PER PERMIT CONDITIONS FOR
CORPS & WILDLIFE. PIPES 36-
AND LARGER MUST BE BURIED
12• DEEP.