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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
Mr. John Hendrix
February 07, 2002
U. S. Army Corps of Engineers
Regulatory Branch .
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Attention:
Subject:
020246
LYNDO TIPPETT
SECRETARY

Proposed Construction of SR 1310 in Swain Co.
State Project No. 6.992202 (DWQ MINOR PERMIT FEE $250.00)
Dear Mr. Hendrix:
The North Carolina Department of Transportation is proposing to grade, drain, base and
pave primarily along the existing roadway of SR 1310, Jake Cooper Rd. in Swain County. In
order to construct this project in accordance with our current secondary road standards, and aue
to the replacement of one(1) pipe culvert in an unnamed tributary to Grassy Branch (DEM I
CLASS C), which is a tributary to the Little Tennessee, we are requesting authorization under
Section 404 of the Clean Water Act.
I am sending a straight-line diagram with our proposed erosion control and construction
limits at various sites along this project. In addition, a typical section of the road, drawings for
the culvert extension on an unnamed tributary to Grassy Branch, general notes and standards
on erosion control measures, and a marked County Map are enclosed. We propose to install
the new culvert slightly below the existing stream bed elevation where bedrock is not
encountered to minimize impact to Wildlife habitat and allow the existing stream gradient to
remain as unchanged as physically possible.
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 controls are being effectively controlled. If the planned
devices are not functioning as intended, they will immediately be replaced with better devices.
The silt fences and other erosion control devices will be in place prior to pipe installation and will
remain in place until the project is stabilized.
P P
P.O. Box 250, Bryson City, NC 28713 Phone [phone]
r
Mr. John Hendrix
Page 2
February 07, 2002
By copy of this letter I am asking Mr. Owen Anderson, Habitat Coordinator Western
Mountain District, 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 Clear Water Act from 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 possible. If further information is
required, please advise. Your early review and con 'deration will be appreciated.
Yours trul
C, 7z ?E
C. R. St les, P. E.
District gi er
DSE:se
atta.
cc: Mr. R. G. Watson, P. E., Division Engineer
Mr. Mark Davis, Division Environmental Officer `
Mr. E. L. Ingle, Area Roadside Environmental Engineer
Mr. Owen Anderson, Habitat Coordinator W. Mtn. Dist., NCWRC
Mr. John Dorney, Water Quality Certification Unit, DWQ
P.O. Box 250, Bryson City, NC 28713 Phone [phone]

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Office Use Only: Form Version April 2001
USACE Action ID No. DWQ N020240'
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:
® Section 404 Permit
Section 10 Permit
® 401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 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: E
II. Applicant Information
1. Owner/Applicant Information
Name: NC DOT - DISTRICT ENGINEER: C. R. Styles, P. E.
Mailing Address: P. O. Drawer 250, Bryson City, NC 28713
Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518
E-mail Address: rstyles?adot.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: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
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.
1. Name of project: Widening of SR 1310 (Jake Cooper Rd.) in Swain County.
2. T.I.P. Project Number (NCDOT Only)
6.992202
3. Property Identification Number (Tax PIN):
4. Location
County: Swain Nearest Town: Bryson City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):From Asheville take I-40 West and
exit off at exit 27 onto US 74-19-23. Take US 74 West Past Waynesville, Sylva and Bryson
City. Take a right off of US 74 at exit 64. Come off the off ramp and at the stop sign take a
right. Go approx. 100' to the next stop sign and take left Stay straight on this road for
approx.l mile. Road will fork. Take the road to the right which is SR1309. Go approx. 2.7
miles and take right on SR 1311. Go approx. 0.2 miles and take left on SR 1310. This is the
Proiect.
5. Site coordinates, if available (UTM or Lat/Long): 35D24' 17.04"N 83D 31'51.52"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:
Farmland and Forestland
7. Property size (acres): 1.52
8. Nearest body of water (stream/river/sound/ocean/lake): Grassy Branch(DEM CLASS C)
9. River Basin: Little Tennessee
Page 4 of 12
(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/.)
Describe the purpose of the proposed work: To widen and pave SR 1310 to meet current
NCDOT standards. This includes cutting and filling earthwork where needed, replacing old
drainage structures that are inadequate, and making the road safer by widening shoulders and
changing the road profile.
10. List the type of equipment to be used to construct the project:
Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc.
11. Describe the land use in the vicinity of this project:
Rural woodland, some Residential
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.
No prior permits have been applied for this project.
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 permit requests are anticipated.
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 map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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://wtivw.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
Total area of wetland impact proposed: 0
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 dr
Intermittent?-
(please specify)
I Culvert replacement 53' Unamed Tributary to Grassy
Branch 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.usgs.gov. 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: 53'
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 Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identity temporary impacts. impacts include, out are not limited to: till, cxcavat on, lire Bing,
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 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.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A"
1 • .
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.
Impacts cannot be avoided. Culverts must be extended in order to gain the necessary width
to construct SR 1310' to current NCDOT standards. All pipe replacements will be placed below
the existing stream bed gradient so natural substrate can be re-established.
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/stnngide.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
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):_
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the. DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
N/A
Page 9 of 12
s
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 F] 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).
C1-2
Z//z/02-
Applicant/Agent's Signature
(Agent's signature is valid only if
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
Union
Watauga
Yancey
Wilson
Yadkin
Page 11 of 12
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EAR'F` H : EMB NT
I LT FED E r
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FIBERGI-.SS ROVING
RI p
RAP :.
TEMPORARY SILT FENCE:
A temporary silt fence is commonly used at the toe of a fill section to prevent off-
site sedimentation. It is made of permeable filter ace ureduces the he botflovrwhile
stretched and supported by steel posts. The silt water ted retaining the sediment. They may also be used to divert water flloow?l toprotece there
outlets. Silt fences need to be checked after each significant
effectiveness. They must be maintained on a regular basis. Silt fences shall not be
installed across streams, ditches, or waterways.
AREAS OF USE:
At toe of fill sections where sediment runoff can be stored and contained
inside the project limits.
DESIGN CRITERIA:
Material
Fabric
Steel posts length
Post spacing
With Wire
Type 3 Class A
5 ft
10 ft.
Without Wire
Type 3 Class B
5 ft.
6 ft. maximum
17 March, 1992
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ROCK PIPE INLET PROTECTION TYPE-A: a%
a
A rock pipe inlet protection type-A is a horseshoe shaped structure with a built-in
sediment storage area around the outside perimeter of the structure. The type-A
rock pipe inlet protection shall be used at pipe inlets no larger than 36 inches in
diameter where it is receiving flow from several directions. The type-A rock pipe
inlet protection utilizes class-B stone lined with #5 or #57 stone to protect drainage
pipe structures by trapping sediment before it enters. They have a sediment storage
.pit which is designed by the same procedures as a silt basin.
AREAS OF USE:
• At inlets to pipes no larger than 36 inches in diameter where it receives flow
from several directions.
• In areas where it can be cleaned and maintained on a regular basis.
DESIGN CRTI'ERIA:
• Structural stone - class-B stone
• Sediment control stone - #5 or #57 stone
• Sediment storage area - 1800 cubic ft./acre
• Dam height - 3 ft. minimum

33 . March, 1992
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ROCK SILT SCREEN:

A rock silt screen is a low-level dam structure to be used in streams below culvert
sites. Rock silt screens shall be used to trap sediment transported by running water
and shall be placed in the stream below the construction site within the right-of-
way or easement boundary. The rock silt screen utilizes class B stone lined with #5
or #57 stone to produce a ripple-effect in the stream to settle the larger sediment
particles transported in the stream from the construction site. The trapped sediment
shall be cleaned out before the device is removed from the stream.
AREAS OF USE:
• In live streams below construction sites where construction occurs in or
adjacent to the stream.
• In live streams below a culvert construction site.
• Where it can be cleaned before it is removed from stream.
DESIGN CRITERIA:
• Structural stone - class B stone
•. Sediment control stone - # 5 or # 57 stone
• Dam height - 1.5 ft. minimum and 3 ft. maximum (shall not be higher than
1 ft. above normal flow of stream)
T•
37 March, 1992.

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38 March, 1.992

?DF W A.r4 9Q
Michael F. Easley
G O Governor
r William G. Ross, Jr., Secretary
y Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
IMAIL: RETURN RECEIPT REQUESTED

E.A. Green, District Engineer
NC Department of Transportation
4142 Haywood Road -
Horse Shoe, NC, 28742
Dear Mr. Green:
FILE COPY

On February 6, 2002, the NC Division of Water Quality (DWQ) received your application for a 401 Water
Duality Certification for the SR 1574 paving project in Transylvania County. Insufficient information has been
provided in order for us to complete our review. Specifically, please provide the following materials so that we
;an complete our review of your. application:
Please demonstrate how the pipe crossings will be designed and intalled to allow for passage of aquatic
life;
• Please discuss how stormwater is to be treated on this project.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of
ngineers place this project on hold. Also, this project will be placed on hold for our processing due to
ncomplefe information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Mike Parker in our Asheville
tegional Office at 828-251-6208 or Cyndi Karoly in our Central Office in Raleigh at [phone].
Corps of Engineers Asheville Regulatory Field Office,
Asheville DWQ Regional Office
File. Copy
Central Files

020181
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail. Service Center, Raleigh, NC 27699-1650 (Mailing Address)
February 14, 2002
Transylvania County
DWQ Project No. 02-0181
aF WA TF9
r
> =1
DWQ Project No.: (02. - 2.L1 a County: 11--?u r-6 Cl
Applicant: t JlC_TJOT C' ?'?.?l,?s t? r? -arc???n?P_r
Project Name: S Q LA 1O -S ?Y,e C-OnQ91- ocacl
Date of Issuance of 401 Water Quality Certification: VP by\ucIfU 2 002
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
1, Y4,? hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: -y? t t Date: /2 0
?-
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the .project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Michael h% tasiey, uovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Registration No.
Date
fJ Et+iR
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748
OF W ATFR
? r
1
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DWQ Project No.: 02.0 4 County: 0-?)UV6 f-I
Applicant: Mc 1JOT C- a %lht I!e? ? 0 Lc,-Vr %c+ Fx? c nep_c'
Project Name: S Q l'A 1() Sc \Y\e C__C>o0e1- Qr,caca
Date of Issuance of 401 Water Quality Certification: VP biAACAPM 9_S t ?-W?-
0
.ertificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, A?4? e e 6746;5'5 , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
?N P 6
Signature: , Date: o
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Registration No.
Date
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
2 E-NR
Customer Service
1 800 623-7748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 10, 2002
Swain County
DWQ Project No. 020240
SR 1310 (Jake Cooper Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions: MODIFICATION
Mr. C. R. Styles, P.E., District Engineer
NCDOT Division 14
P.O. Drawer 250
Bryson City, NC 28713
Dear Mr. Styles:
You have our approval, in accordance with the attached conditions and those listed below, to impact an
additional 178 linear feet (including 135 feet of stream relocation) of unnamed tributaries to Grassy
Branch in order to improve SR 1310 (Jake Cooper Road) in Swain County. A total of 531inear feet was
previously approved on February 28, 2002. The project should be constructed in accordance with your
modification request dated June 10, 2002 (received June 13, 2002). After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification No. 3375 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 only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must.notify us, in writing, and send us a new
application. If the property is.sold, the new, owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project
(now or in the future) exceed one acre or stream impacts exceed 150 linear feet, compensatory mitigation
may be required as described in 15A NCAC 21-1.0506 (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. Stream Relocation
a. The stream relocation shall include a minimum of 50-foot buffers and use natural channel
design.
b. The stream relocation must be constructed in a dry work area, and stabilized before stream
flows are diverted. Channel relocations shall be completed and stabilized prior to diverting
water into the new channel. Whenever possible, channel relocations must be allowed to
stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited
to native woody species, and should include establishment of a 30-foot wide wooded and an
adjacent 20-foot wide vegetated buffer on both sides of the relocated channel. A transitional
phase incorporating coir fiber and seedling establishment is allowable. Rip-rap may be allowed
if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and the calculations used to determine the extent of rip-rap coverage
requested.
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/ncwetiands/
If this Office determines that the stream relocation or associated riparian area has become
unstable, the stream shall be repaired or stabilized using only natural channel design techniques
if possible. Additionally, the vegetation in the riparian shall be maintained and/or replaced
according to the approved plans. Rip=rap and other hard structures may only be used if
required by the Division of Land Resources or a Delegated Local Program. Lastly, all repair
designs must be submitted to and receive written approval from this Office before the repair
work is performed.
2. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT
March 1997) and Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A
NCAC 4B .0024) prior to any ground-disturbing activities to minimize impacts to downstream
aquatic resources. Temporary or permanent* herbaceous vegetation shall be planted on all bare soil
within 15 days of ground-disturbing activities to provide long term erosion control.
3. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. The presence of equipment in the channels must be minimized. Under no circumstances
must 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.
4. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when
practical. If necessary, rip-rap must be limited to the stream bank below the high water mark, and
vegetation must be used for stabilization above high water.
5. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that 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 919.733.5715 or Mr.
Mike Parker of the Asheville Regional Office at 828.251.6208.
Attachment
Pc: Wilmington District Corps of Engineers
John Hendrix, USACE Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
Sincerely,
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
V '
Facility Name NCDOT - SR 1310 County SWAIN
Project Number 02 0240 County2
Recvd From DOT Region Asheville
Received Date 2/15/02 Recvd By Region
Project Type road widening
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet a
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
53.00 F-
14 Stream FT O N F- 2-79-52-1 F _cF_ 4O .O2. F
F_ F_
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 352417 Longitude (ddmmss) 833152
DOT has requested a modification to this eject because they obtained additional right-of-way.
The impacts are:1) replace 23' of culvert;2) relocate 135' of channel; and 3) culvert 20' of new
channel total of mod, is 178 feet. This is a B type stream and the relocation will be be a B type
stream. See plans. The plans appear to be satisfactory and I recommend issuance of permit
modification,
cc: Regional Office
Central Office Page Number 1
4'
401 •?.?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
June 10, 2002
Mr. John Hendrix, NCDOT Regulatory Project Manager
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
3 ZM x ,
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LYNDO TIPPETT
SECRETARY
40.D
oZoA Yo -'?o
Subject: 404 and 401 Permit Modification Request
USACOE Action ID No. 200230520 c L E COPY
DWQ Project No. 02-0240
FILE
SR 1310 - Jake Cooper Road
Swain County, North Carolina
State Project No. 6.992202 (DWQ Major Permit Fee $475.00)
Dear Mr. Hendrix:
The North Carolina Department of Transportation (NCDOT) proposes to widen, grade,
and pave SR 1310 (Jake Cooper Road) in the Grassy Branch area of Swain County. We have
received all the necessary permits for this project (one pipe extension of 53 feet at Sta. 7+92);
however, we have just obtained additional right-of-way from Sta. 14+75 to Sta. 21+00.
Construction of this section will require the replacement/extension of an existing 72'x 18" CMP
with a 95' x 24" CMP (Sta. 18+75) and the installation of a new 20' x 24" CMP (Sta. 20+10) in
an unnamed tributary to Grassy Branch (DWQ Class Q. In addition, a channel relocation will be
required between Sta. 18+75 and Sta. 20+10 in order to construct this project in accordance with
our current secondary road standards.
I have enclosed a PCN application, location map, stream relocation plans, and a straight-
line diagram with our proposed erosion control and construction limits along the project. We
propose to install all new culverts slightly below the existing streambed elevation where bedrock
-is not encountered to minimize impacts to the aquatic environment and allow the existing stream
gradients to remain as unchanged as 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. n
rn
-c r-ri
Best management practices will be used to minimize and control sedimentation and r
erosion on the project. The construction foreman will review all erosion control measures daily
to ensure sedimentation and erosion is being effectively controlled. If the planned devices are
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SR 1310-Jake Cooper Road Page 2 June 10, 2002
not functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to any culvert installations and
will remain in place until the project is stabilized. The new stream channel will be constructed in
the dry and will be seeded and matted with coconut fiber before water is diverted. Sod mats
adjacent to the old stream channel may also be transplanted along the new channel to provide
immediate vegetative cover.
NCDOT is hereby requesting authorization under NWP 14 and Section 404 of the Clean
Water Act to proceed with this project. By copy of this letter, I am asking Mr. Owen Anderson
of the North Carolina Wildlife Resources Commission to comment directly to the Corps
concerning the 404 Nationwide Permit Modification 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 Water Quality (Please charge all pertinent permit
fees to the Project No. indicated in the subject tine). In addition, I am asking Mr. Anderson
and Mr. Ed Ingle, Area Roadside Environmental Operations Engineer, to comment directly to me
concerning this permit request.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or need additional information, please contact me at [phone] or Mr. Rick
Styles, P.E., at [phone].
Sincerely,
Mark S. Davis
Division Environmental Officer
Enclosures
cc: Mr. R. G. Watson, P.E., Division Engineer, NCDOT
Mr. C. R. Styles, P.E., District Engineer, NCDOT
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. Owen Anderson, Mountain Region Coordinator, NCWRC
Mr. Richard Phillip s,` P.E., Regional Engineer, LQS, DENR
Mr. John Dorney, DWQ, DENR (seven copies)
Office Use Only: Form Version April 2001
OZo2.y0
USACE Action ID No. DWQ No. /l/JQ D
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 A
1. Check all of the approval(s) requested for this project:
® Section 404 Permit '
Section 10 Permit
® 401 Water Quality Certification
0 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: n
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT - DISTRICT ENGINEER: C. R. Styles, P. E.
Mailing Address: P. O. Drawer 250, Bryson City, NC 28713
Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518
E-mail Address: [e-mail]
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A ' Fax Number: N/A
Page 1 of 9
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III. Project Information
9
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 1310 (Jake Cooper Rd.) in Swain County.
2. T.I.P. Project Number (NCDOT Only): 6.992202
3. Property Identification Number (Tax PIN):
4. Location
County: Swain Nearest Town: Bryson City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):From Asheville take I-40 West and
exit off at exit 27 onto US 74-19-23. Take US 74 West Past Waynesville, Sylva and Bryson
City. Take a right off of US 74 at exit 64. Come off the off ramp and at the stop sign take a
right. Go approx. 100' to the next stop sign and take left Stay straight on this road for
approx.1 mile. Road will fork. Take the road to the right which is SRI 309. Go approx. 2.7
miles and take right on SR 1311. Go approx. 0.2 miles and take left on SR 1310. This is the
Project.
5. Site coordinates, if available (UTM or Lat/Long): 35D24' 17.04"N 83D 31'51.52"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:
Farmland and Forestland
7. Property size (acres): 1.52
8. Nearest body of water (stream/river/sound/ocean/lake): Grassy Branch(DEM CLASS C),
River Basin: Little Tennessee
Page 2 of 9
(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/.)
IV.
V.
VI.
Describe the purpose of the proposed work: To widen and pave SR 1310 to meet current
NCDOT standards. This includes cutting and filling earthwork where needed, replacing old
drainage structures that are inadequate, and making the road safer by widening shoulders and
changing the road profile.
10. List the type of equipment to be used to construct the project:
Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc.
11. Describe the land use in the vicinity of this project:
Rural woodland, some Residential
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.
Permit Modification required due to the gaining of additional right-of-way. USACE Action ID
Number 200230520 - Permit issued May 3, 2002 and DWQ Project Number 02-0240 - Permit
issued February 28, 2002. (See Attached Permits)
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 permit requests are anticipated.
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
Page 3 of 9
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
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***
N/A N/A N/A N/A N/A N/A

-1 - . 11111-L -F--1y al1U 1UCllluy 1c1111/v1aly 1111FaL tb. 111117aU1w Un:IUUU, UU1 arc not nlmlea To: mecnanlzea cieanng, graamg, Iul,
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://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
Total area of wetland impact proposed: 0
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 Sta 17+70 Culvert replacement 23' UT to Grassy Branch 2' Perennial
Site 2 Sta 18+65 Channel Change 135' UT to Grassy Branch 2' Perennial
Site 3 Sta 20+10 Culvert 20' UT to Grassy Branch 2' Perennial

....yuv. ?. yc..ulvly LL11LL 1LL\.L L11y 11.111F-M.Y ullFlal.w. 11111/aV1J 1111:1UUe, UUL are nUL 1111111ea to: culverts ana assoclatea np-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
J
Page 4 of 9
www.usgs.gov. 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: 178'
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 Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

...0, a.a..iI ui=ya?L 0c1JWaMly MW 1uc11atty M1111Jctaty tlnYacw. 11111JUC S lncluue, out are not nImrea to: rill, excavation, areaging,
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): E] uplands F-1 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.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/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 construction to reduce impacts.
Impacts cannot be avoided. Culverts must be extended in order to gain the necessary width
to construct SR 1310' to current NCDOT standards. All pipe replacements will be placed below
the existing stream bed gradient so natural substrate can be re-established.
Page 5 of 9
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
Perjnits, 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/stnngide.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
Page 6 of 9
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):_
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No El
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:
N/A
Page 7 of 9
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* (square pct feet) Multiplier Mitigation
1 3
2 1.5
Total
/?unc t emenus out.3u feet perpenaicuiar nom near uanK of channel; Gone 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.
N/A
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.
The drainage area for the unnamed tributary where the work will be done is approximately 1-5%
Urban Development and 1-5% impervious acreage. Again, no heavy machinery will be in the
water and actually work in the water will be kept to a minimum.
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.
N/A
Page 8 of 9
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes F] No
Is this an after-the-fact permit application?
Yes [-] No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with -construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Appendix 1
Stream Reference Reach Data
Project Name: Jake Cooper Road - SR 1310 - Swain County Date: 05/13/02
Stream Name: Unnamed tributary to Grassy Branch
Basin Name: Little Tennessee Drainage Area: 60 acres
Location: West of Bryson City and north of Alarka Boat Dock on Fontana Lake
Collection Date: Reference data from Woodring Cemetary Road SR 1749 in Jackson County 4/18/02
Data collected by: Kenneth McDowell, Ed Cabe, Harold Gribble, Mark Davis, Paul White, Rick Styles
Summary of Stream Impairment and Restoration Goals:
A 135 foot section of the stream will be affected by a channel change. Sufficient survey data was
collected to determine location, length, and slope between the two proposed driveway access pipes.
This stream is similar in size and land use to the tributary at Woodring Cemetary Road in Jackson County,
which was used as a reference reach. The pond would tend to mitigate peak flows.
The regional curve was not applicable to the design due to the pond and due to the drainage area
being much less than the regional curve data. Rock vanes will be utilized for stability and vegetation
will be re-established.
Existing Proposed
Bankfull WIDTH (Wbkf): 4.4 4.4
Mean DEPTH (Dbkf): 0.24 0.24
Bankfull X-sectional AREA (Abkf): 1.04 1.04
Maximum DEPTH (dmbkf): 0.329 0.329
WIDTH of Flood-Prone Area (WfPa): 5.1 5.1
Entrenchment Ratio (ER): '1.16 1.16
Width / Depth RATIO (Wbadbkf): 18.69 18.69
Channel SINUOSITY (K): 1.04 1.00
Thalweg slope: 0.054 0.056
Channel Materials D50 (mm): N/A N/A
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Name: NOLAND CREEK ! Location: 035° 24'33.8" N 083° 31' 42.8" W
Date: 5 Caption: SR 1310 - Jake Cooper Road
Scale: 1 inch nch equals 1000 feet Swain County
Watershed for Channel Change
opyng ape FcCOArnately 58 96 Acres

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U.S. AI MY CORPS OF ENGINEERS RECEIVED
WILMINGTON DISTRICT MAY 0 82002
Action Id. 200230520 County: Swain
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Attn: R. G. Watson, Division Engineer, Post Office Drawer 37, Sylva, NC 28779
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
SR 1310 (Jake Cooper Road), unnamed tributary to Grassy Branch, near Bryson City.
Description of Activity: Replace one (1) existing CMP culvert, impacting 53 linear feet of
streams, associated with work to widen and pave SR 1310. SPECIAL CONDITIONS: All
conditions of the attached NC Wildlife Resources Commission letter of April 2, 2002, are hereby
incorporated as special conditions of this permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404. block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date: May 3, 2002
Corps Regulatory Official: John W. Hendrix A---- Telephone No.: [phone], x-7
Expiration Date of Verification: May 3, 2004
CF: C.R. Styles, District Engineer, P.O. Box 250, Bryson City, NC 28713
Mark Davis, Division 14 Environmental Officer, P.O. Drawer 37, Sylva, NC 28779
Ed Ingle, Area Roadside Environmental Unit, 4142 Haywood Rd., Horse Shoe, NC 28742
CESAW Forth 591
Revised July 199
IVLL)U I -14/ 2
t3 ^C
Fax: (U44t 86818 Jun 1() '()>

Post-IP Fax Note 7071 a at'
t,nt x, p?9ne`
7b () t ?r From
Co epL Co.
Phone 9 Phone 8
Fax a Fa-x#
C.R. Styles
North Carolina Department of Transportation `???o
P.O. Box 250 C}?lkrZ
Bryson City, NO, 28713 i
APPROVAL of 401 Water Quality Certification with Additional Conditions
9:0b F. U1/U5
Michael F. Easley
Governor
William a. Ross, Jr., Secretary
nent of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
February 28, 2002
DWQ# 02-0240
Swain,County
Dear Mr. Styles:
You have our approval, in accordance with the attached conditions, to place fill in 53 linear feet of streams in order to construct the
SR 1310 (Jake Cooper Road) paving and Improvement project in Swain County, as described in your application received by the Division
of Water Quality on February 15, 2002. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3289, which can be downloaded from our web site at http://h2o.enr.state.no.us/ncwetlands . This
Certification allows you to use Nationwide Permit Number 14 when It Is Issued by the U.S. Arty Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404
permit expires unless otherwise specified In the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. I( the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed In the attached certification and the additional conditions listed
below:
1'. All culverts shall be designed and installed to allow for passage of aquatic life;
2., Stormwater'shall be directed to buffer areas or retention basins and not routed directly to streams.
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 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Sox 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mike Parker In our Asheville Regional Office at 828-251-6208 or Cynthia Van der Wiele in Raleigh at 919-
733.5715.
nn rely,
J. T e, Ph
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
020240
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mali Service Center, Raleigh, NC 27699.1650 (Mailing Address)
2321 Crabtree Blvd„ Raleigh, NC 27604-2260 (Location)
n7 n fro 4T00 1-6 ......\ n1n -"-3 cam 14...\ LK..•;A-? ... r ", *n ... l ... !1 1 l
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1310
UFD
Project Number 02 0240 k
Recvd From DOT
Received Date 2/15/02 Recvd By Region
Project Type road widening
County SWAIN
County2
Region Asheville
FILE
COPY
Stream Impacts (ft.)
ME,
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Swpp. Basin Req. Req.
14 Stream O 1O N F_ 2-79-52-1 F -cF 40,402. F__ 53.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 YO N Did you request more info? 0 Y * N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 352417 Longitude (ddmmss) 833152
cc: Regional Office Page Number 1
Central Office
Triage Check List
Date:
To: ?RRO Steve Mitchell Project Name NO
?FRO. Ken Averitte DWQ Project Nurn _-6 22-b ? M.
FiWaRO Deborah Sawyer County ' 1 A)A1 J
nWiRO Joanne Steenhuis
?WSRO Jennifer Frye
RO Mike Parker
I?MRO Pets (:olwell
((??!!
? ''f
+
Fr om:+? L elephone (919) 733-
he file attached is being forwarded to you for your evaluatic-..
'T _ ease call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line sur"__:.:. aters on JSGW topo mans
F-I Minimization/avoidance issues
F-1 Suffer Rules (Neuse, Tar-Pamilco, Catawba, Randle- a-
? Pond fill
1_! Mitigation Ratios
C Ditching
Are the stream and or wetland mitigation sites availa-:e a-d viable?
? Check drawings for accuracy
? Is the application consistent with pre-application
? Cumulative impact concerns
Comments (.3.5 ` du.?mtkl ??
-4
C) 2,oa N0 -1?iQo
? ??# .....emu.
JUN 1 3
?.a
WlFT? ewno „n,..._
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 10, 2002
Mr. John Hendrix, NCDOT Regulatory Project Manager
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
1

40, ISSUFT)
Subject: 404 and 401 Permit Modification Request
USACOE Action ID No. 200230520
DWQ Project No. 02-0240
SR 1310 - Jake Cooper Road
Swain County, North Carolina
State Project No. 6.992202 (DWQ Major Permit Fee $475.00)
Dear Mr. Hendrix:
The North Carolina Department of Transportation (NCDOT) proposes to widen, grade,
and pave SR 1310 (Jake Cooper Road) in the Grassy Branch area of Swain County. We have
received all the necessary permits for this project (one pipe extension of 53 feet at Sta. 7+92);
however, we have just obtained additional right-of-way from Sta. 14+75 to Sta. 21+00.
Construction of this section will require the replacement/extension of an existing 72'x 18" CUT
with a 95'x 24" CMP (Sta. 18+75) and the installation of a new 20'x 24" CMP (Sta. 20+10) in
an unnamed tributary to Grassy Branch (DWQ Class Q. In addition, a channel relocation will be
required between Sta. 18+75 and Sta. 20+10 in order to construct this project in accordance with
our current secondary road standards.
I have enclosed a PCN application, location map, stream relocation plans, and a straight-
line diagram with our proposed erosion control and construction limits along the project. We
propose to install all new culverts slightly below the existing streambed elevation where bedrock
is not encountered to minimize impacts to the aquatic environment and allow the existing stream
gradients to remain as unchanged as physically Possible. No threatened or endangered species
rn ?
are known to be present in or near the'project area; therefore, no significant impacts are
anticipated from project construction. r-M
r"n
Best management practices will be used to minimize and control sedimentation and
erosion on the project. The construction foreman will review all erosion control measures daily
to ensure sedimentation and erosion is being effectively controlled. If the planned devices are

too
SR 1310-Jake Cooper Road Page 2 June 10, 2002
not functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to any culvert installations and
will remain in place until the project is stabilized. The new stream channel will be constructed in
the dry and will be seeded and matted with coconut fiber before water is diverted. Sod mats
adjacent to the old stream channel may also be transplanted along the new channel to provide
immediate vegetative cover.
NCDOT is hereby requesting authorization under NWP 14 and Section 404 of the Clean
Water Act to proceed with this project. By copy of this letter, I am asking Mr. Owen Anderson
of the North Carolina Wildlife Resources Commission to comment directly to the Corps
concerning the 404 Nationwide Permit Modification 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 Water Quality (Please charge all pertinent permit
fees to the Project No. indicated in the subject line). In addition, I am asking Mr. Anderson
and Mr. Ed Ingle, Area Roadside Environmental Operations Engineer, to comment directly to me
concerning this permit request.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or need additional information, please contact me at [phone] or Mr. Rick
Styles, P.E., at [phone].
Sincerely,
Mark S. Davis
Division Environmental Officer
Enclosures
cc: Mr. R. G. Watson, P.E., Division Engineer, NCDOT
Mr. C. R. Styles, P.E., District Engineer, NCDOT
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. Owen Anderson, Mountain Region Coordinator, NCWRC
Mr. Richard Phillips, P.E., Regional Engineer, LQS, DENR
Mr. John Dorney, DWQ, DENR (seven copies)
F
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
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: NCDOT - DISTRICT ENGINEER: C. R. Styles, P. E.
Mailing Address: P. O. Drawer 250, Bryson City, NC 28713
Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518
E-mail Address: rstyles(adot.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: N/A
Company Affiliation: N/A
Mailing Address: N/A '
VAL.
E.
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 prof ect: SR 1310 (Jake Cooper Rd.) in Swain County.
2. T.I.P. Project Number (NCDOT Only): 6.992202
3. Property Identification Number (Tax PIN):
4. Location
County: Swain Nearest Town: Bryson City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):From Asheville take I-40 West and
exit off at exit 27 onto US 74-19-23. Take US 74 West Past Waynesville, Sylva and Bryson
City. Take a right off of US 74 at exit 64. Come off the off ramp and at the stop sign take a
right. Go approx. 100' to the next stop sign and take left Stay straight on this road for
approx.1 mile. Road will fork. Take the road to the right which is SR1309. Go approx. 2.7
miles and take right on SR 1311. Go approx. 0.2 miles and take left on SR 1310. This is the
Project.
5. Site coordinates, if available (UTM or Lat/Long): 35D24' 17.04"N 83D 31'51.52"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:
Farmland and Forestland
7. Property size (acres): 1.52
8. Nearest body of water (stream/river/sound/ocean/lake): Grassy Branch(DEM CLASS C)
9. River Basin: Little Tennessee
Page 2 of 9
(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/.)
Describe the purpose of the proposed work: To widen and pave SR 1310 to meet current
NCDOT standards. This includes cutting and filling earthwork where needed, replacing old
drainage structures that are inadequate, and making the road safer by widening shoulders and
changing the road profile.
10. List the type of equipment to be used to construct the project:
Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc.
11. Describe the land use in the vicinity of this project:
Rural woodland, some Residential
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.
Permit Modification required due to the gaining of additional right-of-way. USACE Action ID
Number 200230520 - Permit issued May 3, 2002 and DWQ Project Number 02-0240 - Permit
issued February 28, 2002. (See Attached Permits)
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 permit requests are anticipated.
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
Page 3 of 9
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
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***
N/A N/A N/A N/A N/A N/A

,. "' v u "'IF- -F--1Y 44u lucllllly w111F1/1a1 y 11llpauLs. impacts mcluae, Dut are not nmlrea io: mecnanizea clearing, gracing, tut,
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://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
Total area of wetland impact proposed: 0
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 Sta 17+70 Culvert replacement 23' UT to Grassy Branch 2' Perennial
Site 2 Sta 18+65 Channel Change 135' UT to Grassy Branch 2' Perennial
Site 3 Sta 20+10 Culvert 20' UT to Grassy Branch 2' 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
Page 4 of 9
www.usgs.gov. Several intemet 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: 178'
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 Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

,..ion -a ii Mipa?L DcPOAalcly YLLlu Mr.11 iy tctuputaty unpact5. impacts mciuue, out are not lmtea to: nil, excavanon, areagmg,
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 F_j 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.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/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 construction to reduce impacts.
Impacts cannot be avoided. Culverts must be extended in order to Rain the necessary width
to construct SR 1310' to current NCDOT standards. All pipe replacements will be placed below
the existing stream bed gradient so natural substrate can be re-established.
Page 5 of 9
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of.the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/strmgide.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.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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):_
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No Fj
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:
N/A
Page 7 of 9
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
c,011e i extends out .3u ieet perpenuicuiar rrom near nanx or cnannei; Gone L 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.
N/A
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.
The drainage area for the unnamed tributary where the work will be done is approximately 1-5%
Urban Development and 1-5% impervious acreage. Again, no heavy machinery will be in the
water and actually work in the water will be kept to a minimum.
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.
N/A
Page 8 of 9
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
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with -construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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Appendix 1
Stream Reference Reach Data
Project Name: Jake Cooper Road - SR 1310 - Swain County Date: 05/13/02
Stream Name: Unnamed tributary to Grassy Branch
Basin Name: Little Tennessee Drainage Area: 60 acres
Location: West of Bryson City and north of Alarka Boat Dock on Fontana Lake
Collection Date: Reference data from Woodring Cemetary Road SR 1749 in Jackson County 4/18/02
Data collected by: Kenneth McDowell, Ed Cabe, Harold Gribble, Mark Davis, Paul White, Rick Styles
Summary of Stream Impairment and Restoration Goals:
A 135 foot section of the stream will be affected by a channel change. Sufficient survey data was
collected to determine location, length, and slope between the two proposed driveway access pipes.
This stream is similar in size and land use to the tributary at Woodring Cemetary Road in Jackson County,
which was used as a reference reach. The pond would tend to mitigate peak flows.
The regional curve was not applicable to the design due to the pond and due to the drainage area
being much less than the regional curve data. Rock vanes will be utilized for stability and vegetation
will be re-established.
Existing Proposed
Bankfull WIDTH (Wbkf): 4.4 4.4
Mean DEPTH (Dbkf): 0.24 0.24
Bankfull X-sectional AREA (Abkf): 1.04 1.04
Maximum DEPTH (dmbkf): 0.329 0.329
WIDTH of Flood-Prone Area (Wfpa): 5.1 5.1
Entrenchment Ratio (ER): '1.16 1.16
Width / Depth RATIO (Wbkf/dbkf): 18.69 18.69
Channel SINUOSITY (K): 1.04 1.00
Thalweg slope: 0.054 0.056
Channel Materials D50 (mm): N/A N/A
STREAM TYPE: B B
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Name: NOLAND CREEK Location: 035° 24'33.8" N 083° 31' 42.8" W
Date: 5/14/2002 Caption: SR 1310 - Jake Cooper Road
Scale: 1 inch equals 1000 feet Swain County
Watershed for Channel Change
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U.S. ARMY COMIS OF ENGINI! ERS R?C?? V ED
WILMINGTON DIS'T'RICT MAY 0 81002
Action Id. 200230520 County: Swain
GENERAL PERMI'T' (REGIONAL AND NATIONWIDE) VERIFICA'T'ION
Property owner: North Carolina Dcpartnneut of Transportation
Address: Attn: R. G. Watson, Division Engineer, Post Office Drawer 37, Sylva, NC 28779
Telephone No.: [phone]
Size and Location of project (water body, road name/uunnber•, town, etc.):
SR 1310 (Jake Cooper Road), unnamed tributary to Grassy Branch, near Bryson City.
Description of Activity: Replace one (1) existing CMP culvert, impacting 53 linear feet of
streaut, associated with worlc to widen and pave Sit 1310. SPECIAL CONDI'T'IONS: All
conditions of the attached NC Wildlife Resources Commission letter of April 2, 2002, are hereby
incorporated as special conditions of this permit.
Applicable Law:' X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Ilarbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGI)) or Nalionwide•'Pernnit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
i§ subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
ieleplione. (919). 733-1786.
Please read and carefully comply with the attached conditions of lie RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject tie permittee to a stop work order, a
restoration order, and/or appropriate legal action.
.' This Department of the Army RGP or NWP verification does not relieve die permittee of the
iresponsibility to obtain any other required Federal, State, or local approvals/permits. 'File permittee may
treed to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date: May 3, 2002
Corps Regulatory Official: John W. Iiendrix A---- 'T'elephone No.: [phone], x-7
Expiration Date of Verification: May 3, 2004
CF: C.R. Styles, District Engineer, P.O. Box 250, Bryson City, NC 28713
Mark Davis, Division 14 Environmental Officer, P.O. Drawer 37, Sylva, NC 28779
Ed Ingle, Area Roadside Environmental Unit, 4142 llaywood Rd., llorse Shoe, NC 28742
cesAw Fetm 591
Revised July 199
IVLllUI-14/2
a r-
Fax : (U446b,)b16
Jun 1U 'U1 9:Ub
Post-Ito Fax Note 7071 flat a°ea?
ib (Z I S From
Co ept. Co.
Phone M Phone 0
Pax # Fax #
P. U1/U5
Michael F. Easley
Governor
William a. ROSS, Jr., secretary
rent of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
February 28, 2002
6 20 DWQ# 02-0240
?,, MpR Swain.County
C.R. Styles
North Carolina Department of Transportation
P.O. Box 250
Bryson City, NO, 28713
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Styles'
You have our approval, in accordance with the attached conditions, to place fill in 53 linear feet of streams in order to construct the
SR 1310 (Jake Cooper Road) paving and improvement project in Swain County, as described in your application received by the Division
of Water Quality on February 15, 2002. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3289, which can be downloaded from our web site at http:/lh2o.enr,state.ne.us/ncwellands . This
Certification allows you to use Nationwide Permit Number 14 when it Is Issued by the U.S. Army Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404
permit expires unless otherwise specified In the General Certification.
This approval Is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us In writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total watland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed In the attached certification and the additional conditions listed
below:
1. All culverts shall be designed and installed to allow for passage of aquatic life;
2. Stormwater shall be directed to buffer areas or retention basins and not routed directly to streams.
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 O!filce of Administrative Hearings, P_O. Sox 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mike Parker in our Asheville Regional Office at 828-251-6208 or Cynthia Van der Wiele in Raleigh at 919-
733-5715.
'n rely,
J. T e, Ph
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
020240
North Carolina Division of Water Ouality, 401 Wetlands Certification Unit,
1650 Mal Service Center, Raleigh, NO 27699.1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NO 27604-2260 (Location)
n7n - info- /..... --1 n1n 7" Cvnl is-% LA..-frL..',w ., vrM1... .nn .... r....u...?1.....Jn/
,OA
Cp r
>_ y
4 `C
?r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
February 28, 2002
DWQ# 02-0240
Swain County
C.R. Styles
North Carolina Department of Transportation
P.O. Box 250
Bryson City, NC, 28713
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Styles:
You have our approval, in accordance with the attached conditions, to place fill in 53 linear feet of streams in order to construct the
SR 1310 (Jake Cooper Road) paving and improvement project in Swain County, as described in your application received by the Division
of Water Quality on February 15, 2002. After reviewing your application, we have determined that this fill is covered by General Wate,
Quality Certification Number 3289, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed
below:
1. All culverts shall be designed and installed to allow for passage of aquatic life;
2. Stormwater shall be directed to buffer areas or retention basins and not routed directly to streams.
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 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mike Parker in our Asheville Regional Office at 828-251-6208 or Cynthia Van der Wiele in Raleigh at 919-
733-5715. _
p&nc y,J. T ' e, Ph.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
020240
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree BNtf., Raleigh, NC 27604-2260 (Location)
-, - ,roc r.,i..,.?...n,n "I c- ia....i-,..-.. in..n.. ---...,,., __ ...,,..,....,.a,..,,,,,i
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1310
Project Number 02 0240
Recvd From DOT
Received Date 2/15/02 Recvd By Region
Project Type road widening,
County SWAIN
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 ? 79 72L ?F 40,402. F? 53.00 F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue O Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 352417 Longitude (ddmmss) 833152
cc: Regional Office
Central Office Page Number 1
401 s for February

Subject: 401s for February
Date: Mon, 25 Feb 2002 13:01:05 -0500
From: Milt Rhodes <[e-mail]>
To: [e-mail]
CC: Cyndi Karoly <[e-mail]>
Mike:
Sorry for the delay.
Here are my comments.
020179 - Deck shown in sketch must be water dependent in order to be
constructed within the specified water supply watershed setback (buffer
requirement). From the sketch it is difficult to determine whether the deck is
within the minimum setback. The sketch indicates a deck at 100 sf. A deck is
not a water dependent structure by definition, therefore we ask that the deck
be placed outside of the minimum water supply watershed setback as defined in
the local ordinance for the lake. If the deck serves as access to the walkway,
we request that the deck be sized to no larger than needed to provide this
accessibility, and the deck must remain uncovered.
020157 - No comment
020168 - No comment - Lake James is not a WS Watershed, however, the county has
established ordinances to better protect the lake. The 8' foot pathway is
larger than would be allowed in WS watersheds, and the applicant should check
with the local government to determine if the pathway plans are consistent with
local ordinances.
011492 Please notify us when final plans come in.
020129 - Road crossings do not appear to have been avoided or minimized. These
are public roads, I presume, therefore they should reduce all avoidable impacts
to the buffer areas and stream features. In addition, the NC DOT allows for
road widths to be reduced when the TND road guidelines are utilized. If the
roads have not been designed using these standards, then the applicant should
consider utilizing these guidelines to help reduce stream crossing impacts.
Additionally, I am interested in whether bottomless culverts could be utilized
on the stream crossing to minimized disturbance of channels. (See Designing
Highway Culverts That Do Not Impede the Movements of Resident Fish Species
http://www.usroads.com/journals/p/rej/9711/re971102.htm for more information.)
020221 - No comment - I guess now is the time to dredge, although he may need
to dredge deeper, as it looks like it will be a dry summer.
020222 - The site doesn't appear to have a stabilzation need, therefore we
question whether a stabilization of the stream (lake) bank is necessary. We
recommend, as this shoreline illustrates a very gradual slope utilizing a lower
impact stabilization technique, perhaps incorporating a sandy beach style
shoreline, as opposed to the harder structure "seawall with backfill" as
proposed. In addition, the pictures attached to the application indicate that
gravel (rock) has been deposited within the water supply watershed protection
buffer setback zone associated with Lake Norman. The rules state that no new
impervious surfaces are allowed within this zone, and specifically mentions
gravel being an impervious surface. The material illustrated in the pictures
should be relocated outside of the minimum water supply setback zone so as to
be consistent with the state rules regarding water supply watershed protection.
Vr02024 and 020232 - DOT project (and DOT projects in general. The roads
to be wider than is necessary. The DOT should explore the use of their
own TND Road Guidelines to determine if the reduction in street width proposed
in the TND guideline manual could be utilized in these locations. Reducing
1 of 2 2/25/02 1:02 PM
401sfor February
impervious surfaces is a goal of the water supply watershed protection program
and in all the DOT project submitted for review, there appear to be
opportunities for reducing the water quality impacts associated with roads that
are too wide and have more covered surfaces than is necessary.
I have no comments on the other projects.
Thanks for the chance to review the projects.
Sincerely,
Milt Rhodes
2 of 2 2/25/02 1:02 PM
4.-A
MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
U. S. Army Corps of Engineers
Regulatory Branch .
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
February 07, 2002
Attention: Mr. John Hendrix
d„a STATF a
??Ma n
prw v??
i
LYNDO TIPPETT
SECRETARY
FILE COPY
020240'
Subject: Proposed Construction of SR 1310 in Swain Co.
State Project No. 6.992202 (DWQ MINOR PERMIT FEE $250.00)
Dear Mr. Hendrix:
The North Carolina Department of Transportation is proposing to grade, drain, base and
pave primarily along the existing roadway of SR 1310, Jake Cooper Rd. in Swain County. In
order to construct this project in accordance with our current secondary road standards, and due
to the replacement of one(1) pipe culvert in an. unnamed tributary to Grassy Branch (DEM
CLASS C), which is a tributary to the Little Tennessee, we are requesting authorization under
Section 404 of the Clean Water Act.
I am sending a straight-line diagram with our proposed erosion control and construction
limits at various sites along this project. In addition, a typical section of the road, drawings for
the culvert extension on an unnamed tributary to Grassy Branch, general notes and standards
on erosion control measures, and a marked County Map are enclosed. We propose to install
the new culvert slightly below the existing stream bed elevation where bedrock is not
encountered to minimize impact to Wildlife habitat and allow the existing stream gradient to
remain as unchanged as physically possible.
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 controls are being effectively controlled. If the planned
devices are not functioning as intended, they will immediately be replaced with better devices..
The silt fences and other erosion control devices will be in place prior to pipe installation and will
remain in place until the project is stabilized.
P
P.O. Box 250, Bryson City, NC 28713 Phone [phone] r
' .d
Mr. John Hendrix
Page 2
February 07, 2002
By copy of this letter I am asking Mr. Owen Anderson, Habitat Coordinator Western
Mountain District, 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 Clear Water Act from 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 possible. If further information is
required, please advise. Your early review and con 'deration will be appreciated.
Yours trul
C, 1Z C. R. St le , P, E.
District gi er
DSE:se
atta.
cc: Mr. R. G. Watson, P. E., Division, Engineer r
Mr. Mark Davis, Division Environmental Officer
Mr. E. L. Ingle, Area Roadside Environmental Engineer
Mr. Owen Anderson, Habitat Coordinator W. Mtn. Dist., NCWRC
Mr. John Dorney, Water Quality Certification Unit, DWQ
P.O. Box 250, Bryson City, NC 28713 Phone [phone]
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FO R E S T LET ERMAN GAP"
PI cv_ 4 _loe . LW.a.?
Office Use Only' f Form Version April 2001
USACE Action ID No. DWQ No. 2 ® 2 40
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: 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: NC DOT - DISTRICT ENGINEER: C. R. Styles, P. E.
Mailing Address: P. O. Drawer 250, Bryson City, NC 28713
Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518
E-mail Address: rstyles(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: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
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.
1. Name of project: Widening of SR 1310 (Jake Cooper Rd.) in Swain County.
2. T.I.P. Project Number (NCDOT Only): 6.992202
3. Property Identification Number (Tax PIN):
4. Location
County: Swain
Nearest Town: Bryson City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):From Asheville take I-40 West and
exit off at exit 27 onto US 74-19-23. Take US 74 West Past Waynesville, Sylva and Bryson
City. Take a right off of US 74 at exit 64. Come off the off ramp and at the stop sign take a
right. Go approx. 100' to the next stop sign and take left Stay straight on this road for
approx.l mile. Road will fork. Take the road to the right which is SR1309. Go approx. 2.7
miles and take right on SR 1311. Go approx. 0.2 miles and take left on SR 1310. This is the
Proiect.
5. Site coordinates, if available (UTM or Lat/Long): 35D24' 17.04"N 83D 31'51.52"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:
Farmland and Forestland
7. Property size (acres):
1.52
8. Nearest body of water (stream/river/sound/ocean/lake): Grassy Branch(DEM CLASS C)
9. River Basin: Little Tennessee
Page 4 of 12
(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/.)
Describe the purpose of the proposed work: To widen and pave SR 1310 to meet current
NCDOT standards. This includes cutting and filling earthwork where needed, replacing old
drainage structures that are inadequate, and making the road safer by widening shoulders and
changing the road profile.
10. List the type of equipment to be used to construct the project:
Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc.
11. Describe the land use in the vicinity of this project:
Rural woodland, some Residential
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.
No prior permits have been applied for this project.
V. Future Project Plans r
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 permit requests are anticipated.
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 map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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://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
Total area of wetland impact proposed: 0
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 dr
Intermittent?'
(please specify)
I Culvert replacement 53' Unamed Tributary to Grassy
Branch I' 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.usgs.gov. 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: 53'
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 map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identity temporary impacts. impacts include, out are not umneu to: rui, cxcavauUiy eIeugmg,
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): 0 uplands E] 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.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/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 construction to reduce impacts.
Impacts cannot be avoided. Culverts must be extended in order to gain the necessary width
to construct SR 1310' to current NCDOT standards. All pipe replacements will be placed below
the existing stream bed gradient so natural substrate can be re-established.
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 operi 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.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/lin= 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
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):_
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No
if yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
N/A
Page 9 of 12
Yes F? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 3u teet perpenaicuiar trom near oanx or cnannei; tone t 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.
N/A
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. r
The drainage area for the unnamed tributary where the work will be done is approximately', 1-5%
Urban Development and 1-5% impervious acreage. Again, no heavy machinery will be in the
water and actually work in the water will be kept to a minimum.
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.
No wastewater will be generated from the project.
Page 10 of 12
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 E] 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).
C i2
Applicant/Agent's Signature
(Agent's signature is valid only if
z//-4/0-Z_
ion 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
Union
Watauga
Yancey
Wilson
Yadkin
s'
Page 11 of 12
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TEMPORARY SILT FENCE:
A temporary silt fence is commonly used at the toe of a furled section to at the bottomnt off-
site sedimentation. It is made of permeable filter fabric b
stretched and supported by steel posts. The silt fence reduces fthe low to water flow while
nsure
retaining the sediment. They may also be used to divert outlets. Silt fences need to be checked after each significant basis. Silt water eprotected
not bee
effectiveness. They must be maintained on a regular
installed across streams, ditches, or waterways.
AREAS OF USE:
• At toe of fill sections where sediment runoff can be stored and contained
inside the project limits.
DESIGN. CRITERIA:
Material
Fabric
Steel posts length
Post spacing
With Wire
Type 3 Class A
5 ft
10 ft.
Without Wire
Type 3 Class B
5 ft.
6 ft. maximum
17 March, 1992
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ROCK PIPE INLET PROTECTION TYPE-A:
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A rock pipe inlet protection type-A is a horseshoe shaped structure with a built-in
sediment storage area around the outside perimeter of the structure. The typ
rock pipe inlet protection shall be used at pipe- inlets no larger than 36 inches in
diameter where it is receiving flow from several directions. The type-A rock pipe
inlet protection utilizes class-B stone lined with #5 or #57 stone to protect drainage
pipe structures by trapping sediment before it enters. They have a sediment storage
pit which is designed by the same procedures as a silt basin.
AREAS OF USE:
• At inlets to pipes no larger than 36 inches in diameter where it receives flow
from several directions.
• In areas where it can be cleaned and maintained on a regular basis.
DESIGN CRITERIA:
• Structural stone - class-B stone
• Sediment control stone - #5 or #57 stone
• Sediment storage area - 1800 cubic ft./acre
• Dam height - 3 ft. minimum
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33 March, 1992
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ROCK SILT SCREEN:
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A rock silt screen is a low-level dam structure to be used in streams below culvert
sites. Rock silt screens shall be used to trap sediment transported by running water
and shall be placed in the stream below the construction site within the right-of-
way or easement boundary. The rock silt screen utilizes class B stone lined with #5
or #57 stone to produce a ripple-effect in the stream to settle the larger sediment
particles transported in the stream from the construction site. The trapped sediment
shall be cleaned out before the device is removed from the stream.
AREAS OF USE:
• In live streams below construction sites where construction occurs in or
adjacent to the stream.
• In live streams below a culvert construction site.
• Where it can be cleaned before it is removed from stream.
DESIGN CRITERIA:
Structural stone - class B stone
Sediment control stone - # 5 or # 57 stone
Dam height - 1.5 ft. minimum and 3 ft. maximum (shall not be higher than
1 ft. above normal flow of stream).
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