20020315 Ver 1_Complete File_20020301

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Governor
Wiliiam G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory' J. Thor-we, Pig. D.
Acting Director
Division of Water Quality

DWQ Project No.: OZO315- County:
Applicant: NG,d 0 1-
Project Name: -72- 15-11 6 auNery
Date of Issuance of 401 Neater Quality Certification:
Gya?auela
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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, 1650 Mail Service Center, Raleigh, NC,
27699-1650. 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, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date•
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was. observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature- Date-
If this pro•ect was signed by a Certified Professional
_J? /t.GP??s?L. , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee 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 ales, the approved plans and specifications, and other su po 'ng materials.
Si=gnature ?-Registration No. Date O
NCDth?l
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: (9'19) 733-1766
Fax: [phone]
o`'?? ?yn?F9QG.
? =1
o -c
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
April 15, 2002
DWQ # 02-315
Watauga County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Heath Slaughter
Division Environmental Officer
NCDOT Division 11
P. O. Box 250 FILE COPY
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
On March 1, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill streams for the purpose of upgrading SR 1541 C (Flannery Fork Road) in Watauga
County. Approval from DWQ is required to disturb these streams. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC 213
.0502, we will require you to locate all streams and ponds on the property. Please show these on maps of
suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A
NCAC 2H.0500.
1. Provide a typical cross section for the crossing which depicts the provision for aquatic life
passage and
2. Provide typical details for any instream riprap needed for stabilization.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not
hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and
will consider it withdrawn.
Sincerely,
cc: Winston-Salem DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
hn Dorney
ater Quality Ce ification Program
North Carolina Division of Water Quality, Wetlands/401 Certification Unit
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], http://h2o.enr.state.nc.us/ncwetlands/
i-u
DENR
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
May 21, 2002
Watauga County
DWQ Project No. 020315
SR 1541C (Flannery Fork Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Heath Slaughter, Division Environmental Officer
NCDOT Division 11
P.O. Box 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the attached conditions and those listed below, to impact
140 linear feet of unnamed tributaries to Flannery Fork Creek for the purpose of upgrading SR 1541C
(Flannery Fork Road) in Watauga County. The project must be constructed in accordance with your
application dated February 25, 2002 and additional information received on May 6, 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 must acquire any other federal, state or local permits before you proceed
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit
unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ in writing and submit a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills
for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Note that the impacted water is classified as WS-II HQW; regulations specific to this
classification must be adhered to.
2. NCDOT shall use 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) must be implemented 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 10 days of ground-disturbing activities (due to the presence of
High Quality Waters) to provide long term erosion control.
3. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or other conditions as determined by the
North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
4. Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
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/
5. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank
stabilization and to minimize the use of rip rap.
6. Storm water runoff must be directed to buffer areas or retention basins and must not be routed
directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they
may be utilized for storm water sheet flow.
7. All structures required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions (widths and depths) are to be maintained above and
below locations of culvert extensions to provide sediment transport and passage of aquatic life.
Any existing culverts that are perched shall be removed and buried one foot into the substrate.
8. All work shall be performed during low flow conditions.
9. Disturbance of the stream channel must be limited to only what is necessary to perform the
culvert installation. Heavy equipment must be operated from the banks rather than in the stream
channel in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream.
10. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the
§401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the NC Division of Water
Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
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 Ms. Jennifer Frye of the Winston-Salem Regional Office at 336.771.4600.
Sincerely,
PJThorpe, Ph.D.
Director
Attachment
cc: Wilmington District Corps of Engineers
Jean Manuele, USACE Raleigh Field Office
NCDWQ Winston-Salem Regional Office
Central Files
File Copy

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. 0. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
Apri130, 2002 r,,..,.._
Cynthia Van Der Wiele E©
NCDENR, Division of Water Quality
401 Wetlands Unit FILE COPY
2320 Crabtree Blvd.
Raleigh, NC 27603
Subject: Response to additional information requested for SR 1541C (Flannery Fork Road)
in Watauga County, DWQ # 02-315.
Dear Ms. Van Der Wiele:
On or about April 20, 2002, I received a request from DWQ for additional information regarding
our 401 permit application for the above noted project. I have itemized my response to each issue
below:
1) Locate all streams and ponds on the property.
All streams within our right-of-way have been identified on the erosion control
plans. All streams in our right-of-way have also been identified in my cover letter
by indicating what station number they cross the road at and what stream they
drain into.
The initial application package included a color topography map. However, the
five streams that will be impacted are only 1-2 feet wide. Since they are so small,
only one of these streams is depicted on the topo map. I have included a copy of
the soils survey map with this letter. The streams in question do show up on the
soils map. However, the topo maps and soil survey maps are not always an
accurate means of making stream determinations since that was not their purpose.
As a result, please refer to my cover letter and the erosion control plan to identify
the exact location of streams that will be impacted by our projects. I will continue
to include color topo maps in my permit applications to assist you in identifying the
locations of the streams that are noted on these maps.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] Fax [phone]

Cynthia Van Der Wiele
SR 1541C, Flannery Fork Road
Page 2
April 30, 2002
2) Provide a typical cross section for aquatic life passage.
The District Office has supplied a cross section drawing (see attachment). Please
note that burying all wet pipes 20% (up to 1-foot max.) is one of our BMPs and
applies to all of our projects. It is also a condition of our 404 permits. The only
time that a wet pipe may not be buried 20% is if bedrock is encountered or the
grade is greater than 6%.
I expect that this issue will be revisited whenever we have our first "Permit
Drawing Workgroup Meeting" as discussed in a meeting that DOT and DWQ had
on April 18, 2002.
3) Provide typical details for any instream riprap needed for stabilization.
For this project, we are estimating that 5 feet of riprap will be needed on the inlet
end of each wet pipe and 5 feet will be needed for the outlet end of each wet pipe
(50 ft. total for project). The initial application requested authorization to place
100 ft. or less total in the event that more riprap is needed to stabilize the area
around any of the pipes. I don't think that it's possible to state exactly how much
will be used per crossing until after the pipe is replaced. As a result, we typically
request authorization to place more riprap than we think that we will need.
Handling the riprap estimates this way eliminates the need to modify the project
permits if our riprap estimates are off by a few feet. This certainly saves us all
valuable time.
Absolutely no riprap is to be placed in any stream in a manner that would impair
aquatic life passage. Riprap will be place around the ends of the wet pipes and on
the banks of the creeks in the immediate vicinity of the inlet and outlet ends. This
applies to all of our projects.
If additional information is needed, please call me at [phone].
Sincerely,
-;v
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Heath Slaughter
Division 11 Environmental Officer

- N - 1 2000'
Approximate Scale
USDA - NRCS - Fort Worth, Texas
G WITH
:PERIMENT STATION
Soil Survey Field Sheet
Watauga County, North Carolina
Advance Copy - Subject To Change
Survey has not been compiled nor correlated.
Names may be changed and areas may be combined .
w?wv BE C-. ED wND wr«+ -- --
04/29/2002 08:48 FAX [phone] NCDOT BOONE DISTRICT Q002
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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
April 15, 2002
DWQ # 02-315
Watauga County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Heath Slaughter
Division Environmental Officer
NCDOT Division 11
P. O. BOX 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
On March 1, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill streams for the purpose of upgrading SR 1541 C (Flannery Fork Road) in Watauga
County. Approval from DWQ is required to disturb these streams. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC 2B
.0502, we will require you to locate all streams and ponds on the property. Please show these on maps of
suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A
NCAC 2H.0500.
1. Provide a typical cross section for the crossing which depicts the provision for aquatic life
passage and
2. Provide typical details for any instream riprap needed for stabilization.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not
hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and
will consider it withdrawn.
Sincerely,
cc: Winston-Salem DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
&Poe
ater Quality Ce fication Program
flf L)EP?
North Carolina Division of Water Quality, Wetlands/401 Certification Unit
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], http://h2o.enr.state.nc.us/ncwetiands/

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
February 25, 2002
Mrs. Jean Manuele
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls ofNeuse Road, Suite 120
Raleigh, NC 27615
FILE COPY
Subject: Nationwide Permit #14
SR 1541 C (Flannery Fork Road)
Watauga County, North Carolina
` Project Number: 6.752429 (DWQ Permit Fee: $200)
Dear Mrs. Manuele:
020315
MAR i W
The NC Department of Transportation is scheduled to grade, drain, base and pave SR 1541C in
Watauga County. Total project length is approximately 0.5 miles. This project will require the
replacement of five (5) wet cross lines as shown below:
1) Replace existing,-50'x 24" CMP at station 8+75 with a 50'x 36" CMP.
2) Replace existing'40'x 24" CMP at station 13+50 " CMP.
3) Replace existing 4n'x 1 R" C'MT' _ ation 5+75 with a 50'x 24" CMP.
4) Replace existing 40'x 30" CMP at station 6 wl a MP.
5) Replace existing 40'x 24" RCP at station 24+00 with a 50'x 36" CMP.
Miscellaneous rip-rap impacts will total 100 linear feet or less. New stream impa is =140 In. feet.
Construction of this project will necessitate impacts to waters of the United States in a ew
River Basin. Each of the above noted cross lines carry different unnamed tributaries to Flannery
Fork (Class: WS-II, Trout, HQW). The Division 11 Environmental Officer reviewed this project
for the presence of threatened and endangered species on February 21, 2002. The subject project
has been determined to have no effect on any federally listed endangered plant or animal species.
According to the NCDOT web site, the NCDOT Historical Architecture Section has reviewed
this project and determined that there are no NR/SL/DOE properties along this roadway that will
be impacted by the proposed project (see attachment).
n /I `{"
PP. O. Box 250, N. WILKESBORO, NC 28659 1 ; ?1 `L' I V T
PHONE [phone] FAx [phone] D?? 11 ECEI VIED
Mrs. Jean Manuele
SR 1541 C, Flannery Fork Road, Watauga
Page 2
February 25, 2002
Since this is an existing roadway, the minor modifications proposed in this application should not
remove or degrade existing water quality uses. Any widening of the existing roadway will be
directed away from any adjacent creek whenever possible with minimum fill placed in any buffer
area. Pipe sizes used will be the minimum necessary to create a safe roadway. By utilizing the
erosion control measures outlined in the attachments to this application, downstream water
quality standards will be protected.
Attached is a Preconstruction Notification Form, plan sheets with proposed erosion control
measures, a marked county map, a marked topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
By copy of this letter, I am forwarding seven (7) copies of this application package to Cynthia
Van Der Wiele, NCDENR, Division of Water Quality, 401/Wetland Unit, for her review. It is
requested that any comments related to the 401 certification be forwarded directly to me with a
copy sent to the US Army Corps of Engineers.
We would like to begin construction as soon as possible. If further information is required, please
let me know. Your early review and consideration will be appreciated.
Sincerely,
i
Heath Slaughter
Division Environmental Officer
Enclosures
cc: Jean Manuele, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Cynthia Van Der Wiele, Division of Water Quality (7 copies)
R. C. McCann, PE, Division Engineer
Martin Bolick, District Engineer
Johnny Brown, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 02031 g
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
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: ?
U. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslaughterkdot.statemc.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: Heath Slaughter, Division Environmental Officer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau hter e.dot.state.nc.us
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: SR 1541 C, Flannel Fork Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 6.752429
3. Property Identification Number (Tax PIN):
4. Location
County: Watauga Nearest Town: Blowing Rock
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Blowing Rock, travel north
on US 321. Turn left onto SR 1539. Turn left onto SR 1538. Turn left onto SR 1541. Turn
left again at the intersection of SR 1541 and SR 1549.
5. Site coordinates, if available (UTM or Lat/Long): UTM: 17 437925E 4002314N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential
7. Property size (acres): Approximately 3.22 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): UTs to Flannery Fork Class: WS-II,
Trout HQMD
9. River Basin: New
(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/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Grade, drain, base and pave existing road.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, dump
trucks and motor grader.
12. Describe the land use in the vicinity of this project: Residential/Farm
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleanng, grading, nil,
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 httn://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 acres
Total area of wetland impact proposed: 0 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of Perennial or
Site Number Type of Impact* Impact Stream Name**
Stream Before Intermittent?
(indicate on map) (linear feet)
Impact (please specify)
Station 8+75 ipe
a 0 feet UT# 1 to Flannery Fork 2 feet Perennial
c
ement
Re
Station 13+50 ipe
a 10 feet UT# 2 to Flannery Fork 2 feet Perennial
Rep
c
ement
Station 15+75 ipe
a 10 feet UT# 3 to Flannery Fork 1 foot Perennial
c
ement
Rep
Station 16+00 Pipe 10 feet UT# 4 to Flannery Fork 1 foot Perennial
ement
Rep a
Station 24+00 ipe
a -UT# 5 to Flannery Fork 2 feet Perennial
Rep
c
ement
Miscellaneo s 100 feet or
All of the above rip-rap
placement or less
(approx.20 Il of the above 1-2 feet Perennial
stabilizatio ft. per pipe)

* 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.mMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1401n. ft. of new permanent impacts.
ck-

ot„
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 ma
Type of Impact* Area of
Impact
acres
(if Name applicable) Wat) Type of Waterbody
(lake, Pand estuary, sound,
bay, cean, etc.
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Since this is an existing road, stream impacts cannot be avoided. By utilizing the erosion control
measures as shown in the attached drawings, adverse impacts to streams in the area will be
minimized. Pipe sizes used will be the minimum needed to construct the widened roadway. All
appropriate BMPs will be used during construction.
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/ncwetiands/strmg;ide. 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.sme.nc.us/wm/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): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
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.
All appropriate best management practices for sediment and erosion control will be
implemented during construction.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 10 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Z /ZS`/O Z
Applicant/Agent's SignattA Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
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North Carolina Departs lent of Transportation
Erosion and Sedimentation Control Plan
Project: Road: ,f/? 1,rwC County: 0,_. 711Ud r
Prepared by: 14, A.ifl A Date: Approved by: Date:
Q? 2 - D 2_
unto Maintenance Engineer
Date: D
District Engineer
Date:
Roadside En-vironmenrai Engineer
Std.T Description Svmbol

1630.03 Temporary Silt Ditch --------- T SD
1630.05 Temporary Diversion ------ --
--?
-TD
1605.01 Temporary Silt Fence
1622.01 Temporary Slope Drain---- .--
1630.01 Silt Basin Type _? ------ --
1630.02 Silt Basin Type-B-
1633.01 Temporary Rock Silt Check Type --
1633.02 Temporary Rock Silt Check Ty
1634.01 Temporary Rock Sediment Dam Type _',L-
1634.02 Temporary Rock Sediment Dam Type-B

1635.01
Rock Pipe inlet Sediment Trap Type _A .:
Q'
163S.Q2 Rock Pipe LZlet Sediment Trap Type-B g
1636.01 Rock Silt Screen - -
1630.04 Stillinn Basin-
Rock Inlet Sediment Trap:
A
A
1632.01 Type-A- or
1632.02 Type-B B or
1632.03 Type-C C F} or Cl
U
868.0E Rip Rap - ?
.-_' J RR :?
Pipe Outlet Energy Disipato
Ditch Liner
Pipe Outlet or Inlet Stabilization _
NOTE: Silt Basin Type B: 31s31by 6' long unless otherwise noted by Engineer

General Notes on Erosion Control
Silt Basin Type B's will be constructed to the dimension of six feet by three feet
by three feet unless otherwise noted on the plans.
Where slope protection treatment is required, Section 868 and Section 1042 of
the 1995 Standard Specifications for Roads and Structures will be followed. Any
material obtained from the project must be clean before being placed.
Generally, the order of installation of the erosion control measures will be as
follows:
Temporary Silt Basins shall be installed before clearing and
grubbing begins.
Silt Fences and Temporary Silt Ditches shall be installed after clearing
and before grading.
Temporary Stone Ditch Checks shall be installed as soon as
ditchline is established.
Pipe Outlet and Inlet Protection will be done as soon as the pipe is
installed.
Seeding and other permanent erosion control measures are to be
implemented as soon as practical.
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TO:
FROM:
DATE:
SUBJECT:
Jean Manuele, USACOE
Raleigh Field Office
Maryellen Haggard, DOT Permit Coordinator
Habitat Conservation Program
March 14, 2002
FILE Copy
North Carolina Department of Transportation (NCDOT), SR 1541C, Flannery
Fork Road, Unnamed Tributaries to Flannery Fork, Watauga County
The North Carolina Department of Transportation (NCDOT) is requesting a concurrence
letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit
from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed
the proposed improvements and are familiar with habitat values of the project area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C.
466 et seq.).
The proposed project consists of widening and paving SR 1541C, Flannery Fork Road.
Five pipe replacements will impact 140 linear feet of different unnamed tributaries to Flannery
Fork. Flannery Fork supports a good trout population from its headwaters down to its
confluence with Winklers Creek. This project has the potential to impact this creek through off-
site sedimentation during construction and blockage of juvenile and adult fish and other aquatic
life movement through improper pipe placement. We will not object to the project as proposed
provided that the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15 to protect
the egg and fry stages of trout from off-site sedimentation during construction.
2. Disturbance of the stream channel must be limited to only what is necessary to install
the pipes. Heavy equipment should be operated from the bank rather than in the
stream channel in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream.
SR 1541C, Flannery Fork Road 2 March 14, 2002
3. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
4. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 10 days of ground disturbing activities to provide long-term erosion control.
NCDOT should utilize onsite native vegetation and materials for streambank
stabilization, rather than excessive riprap (or hard stabilization methods). Vegetation
provides bank stabilization, as well as shade for cooler water temperatures, and
riparian edge habitat. If riprap is used, it must be limited to the lower 1/3 of the
streambank.
5. Pipes 48" or larger should be buried approximately 1' into the streambed.
Pipes less than 48 inches in diameter should be buried to a depth equal to or greater
than 20% their size to allow for aquatic life passage. The installation and addition of
the pipe should insure that all waters flow without freefalling or damming on either
end during low flow conditions. The dimensions, pattern, and profile of the stream
above and below the pipe should not be modified by widening the stream channel or
reducing the depth of the stream. Where disrupted, natural floodplain benching and
aquatic life passage should be restored.
6. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into streams.
7. All mechanized equipment operated near surface waters should be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me at (336)
527-1547.
cc: Cynthia Van Der Wiele, NCDWQ
Heath Slaughter, NCDOT
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Top: Inlet end of pipe located at station 16+00 on SR 1541C, Flannery Fork Road, Watauga.
Bottom: Inlet end of pipe located at station 24+00 on SR 1541 C, Flannery Fork Road, Watauga.