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HomeMy WebLinkAbout20010659 Ver 1_Complete File_20010427Michael 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 DWQ Project No.: Q 10 659 County: Applicant: GIZG SNuLEA-. Project Name: tZ (.15 cA Date of Issuance of 401 Water Quality Certification: ..su , R lxJ L5 0 U ?. § ?so?l J AUG 2,8 W i WETL NM G"tif (DliiLlTY SECTION 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 ail of these. Applicant's Certification I, Gmc. Soa-eR , 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 d.,specifi , and other supporting materials. Signature: ( Date: $ /Z3/122 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 project was designed by a Certified Professional I, , 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 Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date t DENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 V Ar?. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources C!j Z° Alan W. Klimek, P.E. Director r j Division of Water Quality D `C DWQ Project No.: Oia(vS5/VIoj County: Applicant: NCDOT Project Name: IZ- 619 C-- /?e- 0ae/ Date of Issuance of 401 Water Quality Certification: 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, Joel B. Setzer, P.E., 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, an? pp rt"g materials. Signature: Date: O- 3-US Agent's Ce cation 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 project was designed by a Certified Professional 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 Rules, the approved plans and specifications, and other supporting materials. Signature w 112j-_S & Registration No. Date: N ?-EA 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/newetiands/ Q 4G Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 19, 2003 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 APPROVAL of 401 Water Quality Certification with Additional Conditions: RENEWAL Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions and those listed below, to impact 12 linear feet of an unnamed tributary to Tanasee Lake and impact 30 linear feet of unnamed tributaries to Tuckasegee River in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated June 2, 2003 with additional information dated June 18, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3404 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (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. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters as specified in 15A NCAC 213 .0225 and 15A NCAC 2H. 1007. 2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413 .0124) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 3. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 4. Stormwater should be directed to vegetated buffer areas, grass lined ditches 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 stormwater sheet flow. 5. The culverts shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. N. C. 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/nowetlands) Customer Service #: 1-877-623-6748 6. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project. 7. Use of riprap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If riprap is necessary, it must be limited to the stream bank above the high water mark. Riprap shall not be placed in the stream bottom. 8. 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. 9. 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. 10. 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. 11. 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. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy ( William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 17, 2003 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 CERTIFIED MAIL: Return receipt requested Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: The Division of Water Quality staff has reviewed your submittal for a §401 Water Quality Certification for the aforementioned project received April 24, 2003. Review of the water quality certification application revealed several deficiencies: 1. The Modification to the §401 Water Quality Certification (issued on August 13, 2001) contained a provision to relocate 15 linear feet of Tanasee Creek. This issue was not addressed in the June 2, 2003 correspondence requesting renewal of the Water Quality Certification. Will the Tanasee Creek need to be relocated? 2. NCDOT had requested a trout moratorium variance for the Tanasee Creek culvert installation at Station 346+15. The culvert locations listed in the June 2, 2003 PCN Application do not have any culverts located at this station. Has the stationing been revised? Will a trout variance be required? 3. The June 2, 2003 PCN lists impacts at Sites 2 through 6? Will there be an impact at Site 1? Why is the impact at Site 2 listed as 0 linear feet? 4. What are the total amount of impacts from rip rap (only the impacts from pipe have been noted on the PCN form)? Pursuant to 15A NCAC 2H.0507(a)(3), the permit application is placed on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of.Engineers continue to place the permit application on hold. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address). 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 ?r D, We look forward to working with you to expedite the processing of your permit application. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Domey Quality Certifica on Program cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office File Copy 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 Coleen H. Sullins, Deputy Director Division of Water Quality June 17, 2003 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 CERTIFIED MAIL: Return receipt reauested Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: The Division of Water Quality staff has reviewed your submittal for a §401 Water Quality Certification for the aforementioned project received April 24, 2003. Review of the water quality certification application revealed several deficiencies: 1. The Modification to the §401 Water Quality Certification (issued on August 13, 2001) contained a provision to relocate 15 linear feet of Tanasee Creek. This issue was not addressed in the June 2, 2003 correspondence requesting renewal of the Water Quality Certification. Will the Tanasee Creek need to be relocated? 2. NCDOT had requested a trout moratorium variance for the Tanasee Creek culvert installation at Station 346+15. The culvert locations listed in the June 2, 2003 PCN Application do not have any culverts located at this station. Has the stationing been revised? Will a trout variance be required? 3. The June 2, 2003 PCN lists impacts at Sites 2 through 6? Will there be an impact at Site 1? Why is the impact at Site 2 listed as 0 linear feet? 4. What are the total amount of impacts from rip rap (only the impacts from pipe have been noted on the PCN form)? Pursuant to 15A NCAC 2H .0507(a)(3), the permit application is placed on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place the permit application on hold. We look forward to working with you to expedite the processing of your permit application. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, John R. Dorney Water Quality Certification Program N. C. 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), (httD://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office File Copy y +.a AAIp N d w +a uy STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 18, 2003 MEMORANDUM TO: John Dorney, Water Quality Certification Program Division of Water Quality - DENR FROM: Mark S. Davis Division 14 Environmental Officer SUBJECT: Additional Information for 401 Permit Application TIP No. R-619 C(B) - NC 281 Jackson County LYNDO TIPPETT SECRETARY This memorandum is in response to your letter dated June 17, 2003. In regard to questions 1-2. I apologize for not explaining Site 1 in the cover letter. DWQ issued the original 401 Certification for the R-619 C project on June 6, 2001. Condition 2 stated that no work could take place within the 25-foot trout buffer zone between October 15 and April 15. Site 1 lies adjacent to Tanasee Lake, which is a Duke Power hydropower lake. In order for DOT to replace the pipe at Sta. 346+15, it would require working in the trout buffer zone during the winter draw down of the lake. NCDOT requested a modification to the 401 to allow the boring and jacking of this pipe during the winter draw down. DWQ issued a modified 401 dated August 13, 2001, which added condition 3, allowing the installation of the pipe at Site 1 during the trout moratorium period. At this point DOT let a contract for the construction of 0.42 miles of the road, which included the installation of the pipe at Site 1. This segment of the project was constructed in December 2001 and was covered under the 401 issued on August 13, 2001. No trout moratorium variance will be required for the remaining culvert installations. 3. In the spring of 2003, DOT let the contract for the rest of the project R-619 C(B). Upon reviewing the permits, it was discovered that the permits had expired. In addition, the 401 appeared to cover only the 15-foot relocation of Tanasee Creek (Site 1), not the remaining Sites 2-6. The PCN dated June 2, 2003, covers Sites 2-6, which were not included in the original 401 certification issued by DWQ; however, they were applied for in the original PCN application dated April 17, 2001. The impact at Site 2 is listed as 0 linear feet. This is because we are replacing 45 linear feet of pipe with 45 linear feet of pipe, resulting in no net increase in pipe length (see impact table in cover letter). Fourteenth DMsion OHLu.:. 2?3 A'ChAer Road, Sd%,i, North Carolina 25779 Telephone: 82S-5S6-2142 ?ti vw.doh_dol.?tale.ncus Fyr: 828-?,S6-4043 R-619C(B) Page 2 June 18, 2003 4. There should be no impact from rip rap associated with the pipe installations other than a small area around the pipe inlet and outlets. No rip rap will be placed in the stream channel or along the stream banks. If you have any questions or need additional information, please contact me at (828) 586-2141. Enclosure cc: Mr. John Hendrix, NCDOT Regulatory Project Manager, Asheville Mr. Mike Parker, DWQ, DENR, Asheville Mr. R. G. Watson, P.E., Division Engineer, Sylva Mr. Paul White, P.E., Division Design Construct Engineer, Sylva 6. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project. 7. Use of riprap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If riprap is necessary, it must be limited to the stream bank above the high water mark. Riprap shall not be placed in the stream bottom. 8. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimise sedimentation and reduce the likelihood of introducing other pollutants into the stream. 9. 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. 10. 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. 11. 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. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. H you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files . File Copy STATE OF NORTH CAROLINA x/401 WUp JUN 2 4 ?Oo) q DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 18, 2003 MEMORANDUM TO: John Dorney, Water Quality Certification Program Division of Water Quality - DENR FROM: Mark S. Davis KIJ. ? Division 14 Environmental Officer SUBJECT: Additional Information for 401 Permit Application TIP No. R-619 C(B) - NC 281 Jackson County LYNDO TIPPETT SECRETARY This memorandum is in response to your letter dated June 17, 2003. In regard to questions 1-2. I apologize for not explaining Site 1 in the cover letter. DWQ issued the original 401 Certification for the R-619 C project on June 6, 2001. Condition 2 stated that no work could take place within the 25-foot trout buffer zone between October 15 and April 15. Site 1 lies adjacent to Tanasee Lake, which is a Duke Power hydropower lake. In order for DOT to replace the pipe at Sta. 346+15, it would require working in the trout buffer zone during the winter draw down of the lake. NCDOT requested a modification to the 401 to allow the boring and jacking of this pipe during the winter draw down. DWQ issued a modified 401 dated August 13, 2001, which added condition 3, allowing the installation of the pipe at Site 1 during the trout moratorium period. At this point DOT let a contract for the construction of 0.42 miles of the road, which included the installation of the pipe at Site 1. This segment of the project was constructed in December 2001 and was covered under the 401 issued on August 13, 2001. No trout moratorium variance will be required for the remaining culvert installations. 3. In the spring of 2003, DOT let the contract for the rest of the project R-619 C(B). Upon reviewing the permits, it was discovered that the permits had expired. In addition, the 401 appeared to cover only the 15-foot relocation of Tanasee Creek (Site 1), not the remaining Sites 2-6. The PCN dated June 2, 2003, covers Sites 2-6, which were not included in the original 401 certification issued by DWQ; however, they were applied for in the original PCN application dated April 17, 2001. The impact at Site 2 is listed as 0 linear feet. This is because we are replacing 45 linear feet of pipe with 45 linear feet of pipe, resulting in no net increase in pipe length (see impact table in cover letter). Fourtcenth Division Ot?ice. 253 ?Nebster Road, Svlva, ]forth Cuolina 28779 Telephone: 828-586-2142 w«u.doh.dot.state.nc.us Fax: 828-586-404'8 a R-619C(B) Page 2 June 18, 2003 4. There should be no impact from rip rap associated with the pipe installations other than a small area around the pipe inlet and outlets. No rip rap will be placed in the stream channel or along the stream banks. If you have any questions or need additional information, please contact me at (828) 586-2141. Enclosure cc: Mr. John Hendrix, NCDOT Regulatory Project Manager, Asheville Mr. Mike Parker, DWQ, DENR, Asheville Mr. R. G. Watson, P.E., Division Engineer, Sylva Mr. Paul White, P.E., Division Design Construct Engineer, Sylva A j F Michael F. Easley, Governor - W G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Gregory J. Thorpe, Ph.D. > Acting Director p Division of Water Quality August 13, 2001 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 APPROVAL of 401 Water Quality Certification with Additional Conditions [Modification] Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions and those listed below, to relocate 15 linear feet of Tanasee Creek in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated 17 April 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. The relocated stream section shall match the existing hydrology and sediment transport. 2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the _ trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina'Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 3. A trout moratorium variance will be allowed for the Tanasee Creek culvert installation at Station 346+15 on NC 281 only. 4. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters as specified in 15A NCAC 213 .0225 and 15A NCAC 2H. 1007. 5. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413 .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 6. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel shoes not be reduced by a widening of the North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 7. All work shall be performed during low flow conditions. 8. All mechanized equipment operated near surface waters shall be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 9. The presence of equipment in the channels must be minimized. Under no circumstances shall 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. 10. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 11. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap shall be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 12. Rock silt screens at culvert outlets shall be removed at project completion. 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 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. - Attachment -:" cc:.. Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy Sincerely, ?0? WA TF9Q ?O G r_ Cod X"17 Michael F. Easley -- Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources 0 Kerr T. Stevens Division of Water Quality June 6, 2001 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions .and those listed below, to relocate 15 linear feet of Tanasee Creek in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated 17 April 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6).and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. . 1. The relocated stream section.-shall match the existing hydrology and sediment transport. 2. In-stream work and land disturbance within the 25-foot wide buffer zone are, prohibited during the ti trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 3. Stormwater management requirements, specific to HQW as described in 15A NCAC 2H .1006 shall be followed. 4. Sedimentation and Erosion Control Guidelines' for Sensitive Watersheds (15A-NCAC 4B .0024) must be implemented prior to Aiiy ground=disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 5. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel should not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 6. All work shall be performed during low flow conditions. North Carolina Divisionof 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), hftp://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 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. 8. The presence of equipment in the channels must be minimized. Under no circumstances should rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 9. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 10. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap should be limited to the stream bank below the high water mark, and vegetation should be used for stabilization above high water. 11. Rock silt screens at culvert outlets should be removed at project completion. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, 7 Kerr T. Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy %r M swF° (51069 -lee,?w4 FILE COPY -? ?STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 2, 2003 Mr. John Hendrix, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application - Renewal NC 281 - Jackson County USACE Action ID No. 200030729 LYNDO TIPPETT SECRETARY 401 ISSUED WETLA 98?401 CROUP J(1N 0 4 2003 ,??ATERQUALITYS ECTIpN DWQ Project No. 010659 TIP No. R-619C(B) (DWQ Minor Permit Fee $200, if required) Dear Mr. Hendrix: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave NC 281 from 0.42 miles southeast of SR 1762 to SR 1140 in Jackson County. This proposal entails widening and paving the existing gravel road to a standard 20-foot roadway. The proposed improvements to NC 281 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2003 paving season. I am sending a straight-line diagram with the proposed erosion control and construction limits along this project. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements as well as a marked county map and USGS quad map. We propose to install the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. The culverts at Sites 2, 3, and 4 will be perched due to the steepness of the fill slope and surrounding terrain. 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 (US Forest Service BA dated 11/19/02). 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 is being effectively controlled. If the planned devices are 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 pipe culvert construction and will remain in place until the project is stabilized. T ZJ r_TI NC 281 Page 2 June 2, 2003 Impacts to Waters of the United States In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to extend/replace 5 metal culverts in unnamed tributaries of the Tuckasegee River (DWQ Class WS-III B Tr ORW). Listed below is a summary of the proposed impacts. Site No. Existing Proposed Net Impacts Station Condition Condition Site 2 45' x 18" CMP 45' x 18" CMP 0' extension 359+31 Site 3 33' x 18" CMP 45'x 18" CMP 12' extension 365+22 Site 4 35' x 18" CMP 45' x 30" CMP 10' extension 392+03 Site 5 35' x 24" CMP 50' x 36" CMP 15' extension 398+70 Site 6 40' x 24" CMP 45' x 24" CMP 5' extension 405+88 42 linear feet total Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. Owen Anderson, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 586-2141. Your early review and consideration will be greatly appreciated. Sincerely, Mark S. Davis Division Environmental Officer Enclosures r NC 281 Page 3 June 2, 2003 cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. R.G. Watson; P.E., Division Engineer, NCDOT Mr. Paul White,P.E., Division Design Construct Engineer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT It YJ 0 OFD"": '' Pre-Construction Notification (PCN) Application Form 11 ?r- i For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules NC 281- Jackson County From 0.42 miles southeast of SR 1762 to SR 1140 (1.16 miles) NCDOT Division 14 Prepared by: Mark S. Davis Division Environmental Officer Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. D 1016 c 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: NC Department of Transportation Mailing Address: 253 Webster Road Sylva NC 28779 Attn: Mark S. Davis. DEO Telephone Number: (828) 586-2141 Fax Number: (828)586-4043 E-mail Address: markdavis(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: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 9 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: Widen Grade and Pave NC 281 from 0.42 miles southeast of SR 1762 to SR 1140 0.16 miles) 2. T.I.P. Project Number or State Project Number (NCDOT Only): R-619 C (B) 3. Property Identification Number (Tax PIN): N/A 4. Location County: Jackson Nearest Town: Lake Toxaway Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take NC 107 South from Sylvia to NC 281 at Tuckase2ee. Proceed on NC 281 South approximately 13.0 miles to the intersection of SR 1762 and NC 281. Turn right on NC 281 and cross bridge over Tanasee Creek (Tanasee Lake) approximately 0.4 mile to beginning of protect. 5. Site coordinates, if available (UTM or Lat/Long): 035 12' 53.0" N 082 59' 28.4" 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: Forest land and rural residential 7. Property size (acres): 4.0 Acres 8. Nearest body of water (stream/river/sound/ocean/lake): Tuckasegee River - DWQ Class: WS-III&B Tr ORW 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/.) 10. Describe the purpose of the proposed work: Widen, grade, and pave existing gravel road to current NCDOT secondary road standards. Provide a safer road for the traveling public. 11. List the type of equipment to be used to construct the project: Trackhoes, dozers, loaders, graders and dump trucks 12. Describe the land use in the vicinity of this project: Forest land, sparce residential US Forest Service - Nantahala National Forest 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. USACE Action ID No 200030729 issued on 8/24/01 - Expired on 2/11/02 DWQ Project No 010659 issued on 6/6/01 • Modified on 8/13/01 - Expired on 2/11/02 Application Date: 4/4/01 - - V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Yes R-619 D to the Jackson/Transylvania County Line. R-619 EA and R-619 EB two remaining sections located in Transylvania County. Permits for these projects will be applied for as funding becomes available All projects involve the widening,_grading, and paving of NC 281 to current NCDOT secondary road standards 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 Page 3 of 9 and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact 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 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, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htto://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: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Site 2 Sta 359+31 Culvert 0 UT - Tanasee Lake 1 P Site 3 Sta 365+22 Culvert 12 UT - Tanasee Lake 1 P Site 4 Sta 392+03 Culvert 10 UT - Tuckasegee River 1 P Site 5 Sta 398+70 Culvert 15 UT - Tuckasegee River 2 P Site 6 Sta 405+ 88 Culvert 5 UT - Tuckasegee River 1 P * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated 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. Page 4 of 9 ** 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.tol2ozone.com, www.ma ciuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 42 linear feet 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wat) (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 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.): 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. Minimal lengths of pipe were used to achieve minimum design widths to meet current NCDOT secondary road standards Hi Quality Waters erosion control measures and other appropriate BMP's will be used to minimize impacts to the Tuckasegee River (WS-III & B Tr ORW). 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.nc.us/ncwetlands/stnnaide.html. 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 httv://h2o.enr.state.nc.us/wro/index.htm. If Page 6 of 9 i 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No 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: 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. Page 7 of 9 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. The existiniz compacted gavel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gavel surface treatment. The roadway surface will be approximately 40% of the right-of-way area. Stormwater will be diverted through settling basins or grass lined buffers prior to entering streams. (See erosion control plan) 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 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 8 of 9 1 i 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). The US Forest Service conducted a Biological Evaluation of potential impacts upon T & E species associated with road construction A determination of No Effect was concluded. (Document dated 11/19/02) Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Agent's Signature Page 9 of 9 SITE #2 359+51 \ PROP. 45'. 24' CSP 8x4x2 8x4x2 84x2 8x4x2 8,-4x2 - _g2 \'A" ? - - -8x4x2 8x-4x2 EXIST. 45', II ` ` ` ® 18° CSP L SITE `5 e - - 565 +22 8x4x2 / C/ 8x4x2 8x4x2 8x4x2 8x4x2 Sx4x2 8x4x2? Sx x --------- ?? 8x4x2 EX15T.33' ?g /8" CSP PROP. 45'. 18" CSP 8x4x2 8?4*2 ?x4x2 SITE #4 392 *03 8x4x2 8x4x2 8x4x2 ,11 8x4x2 _ LIZ EXIST35' \ \ , \ ` 8x4x2 I ? PROP 45' \ \ 30' CSP \ - -- - --- - ---- 392+03 _ ....... _ - TE M EXATIMG SLOP . --- ...... ...... _...: ..... : ._ ..: .. .... ......... g 45' OF 3O' ON 5/. ..... ..... ............ ... .......... .._. ...._. ......... i......._... .........:... ...... .i .__ ._... __ .... .?_ ..... . ..... SITE #5 398+70 8x4x2-? - 8x4x2- - ® - EXIST. 35' I i INSTALL 50' 24' CSP 36' CSP C) I I? ----- ;?--------ice ---;-I---------- ii - - SITE #6 405 *88 8x4x2 8x4x2 > ®-)p- ®> EXIST.40' 24°CSP PROP. 45' 24" CSP J ---------- - - - - - - - - - ----- - - - ---1-? - --------- -------------- ?iGL - - I I t - F- I I I - II - - - - ---- -- ----- t l 4". Ay E 1, Rk 0 S I ON CONTIROL DETAILS AND SPECIFICATIONS Std Description 2a ?.M 'T'emp,0rar9 Silt Bitch 245.M Z-M Temporary Drverson 893.01 'T'emporary Silt Fence 890,05 Temporary Slope Brain -with Earth Berm Silt Basin 'T'ype A 2='?•D2 Silt basin 1 Tpe B 892.01; Temporary Rock Silt Check T-,pe- 895,10 Temporar9 Rock Silt Check 'I'?pe-B 892.01 Temporary Rock Sediment Dam Type-.1 892. .-2 'T'emporary Rock Sediment Dam Type-B °891.01 Rock Pipe Inlet Protection Type' 897.02 Rock Pipe Inlet Protection TYpe-B 89a .O1 - Rock Silt Screen 245.041 Stillin; Basin 896.01 Rock Inlet Protection Type-A 896.09 Rock Inlet Protection Type-B 8 96.02 Rock Inlet Protection T-YDe-C S--mbol TS® >T® --J D a ovo ao ?Ua A A) ra =2= 5 U-0 L! f I Markers Name: Begin Project Short Name: BgnPrj Coordinates: 035° 12'53.0" N, 082° 59'28.4" W Name: End Project Short Name: ndPrjc Coordinates: 035° 11'59.5" N, 082° 59'30.5" W e1 \ u°aa G!•, 4 a, 1 0 nn ar?5 c Sy .3 + ? `` We taster t Gflen lil t G.9 CreeM • i T ` lullwnee 1 Gar IC East Laoart l" A C? S Tucaaae¢e --% J ?^ 2 I ?°^ t FOREST t\JM?Glennite ' 6 'rods w.??y??v??ad / ?fa«1n•f C•. IS .w ?1 b FO R a•.s :F ?cT y en 2I5 +9revard+t l T Forest TRANSY -1 IA `Cherryfield/6 ' t 1 d°b 1 76 'Rosman 2 11 :'? 1761 Cedar Mountalny TRosorroQ J .1 [• ^ .•,.__.EL'v. 6.010~ ,>t 11 rttto`I t N A T 1 0 N A L ne4 '•.o RCt:xr r t ?g°c. i KNOB Q 1 ^ RICO 11111, •jC `. E.Ev.E.?CO a) ?-JeK? f ,i 0` t 1 1 ACR-rH tiI ns or- A 134 OaI eICC. / I\ C t r 1 . le, Ch. _ -A _ 1 ,s AV, 17, ar ,JMt(v 1?e \1 o.F.:...? LUC BEAR CREEK d c4 F O R E S T '. 6E31N PROJECT or. 9._ CCNEY YTN. '•` '\ a: •.'•. ?" Ic. ??? ?Rj? / +.WC KNOB co END PROJECT) TUPxE, 1 t t 1? e K C! • 129 / / .-•• .%?,,'/? A•• JACKSON COUNTY -' ,- •`•_ TRANSYLVANIA COUNTYv . ;y . •.• ,? 11.I. ' 2' .ate \ .s^ aO0y? wl? 1179', 319 ¦19q. ' ch. I1 t BLSCKRCC:*l url. ?• "r ??2 - L'• _ \. ` ELEV. t ?CO p 25. f e?G .? .?: ?? 1IZ1 F SCALE 1 0 1 2 3 4 AYtB NORTH CAROLINA DEPARTJIENT OFTRANSPORTATION 1 DIVISION OF HIGHWAYS i PLANNING AND EWIRONMENTAL BRANCH NC 281 FROM SR 1762 TO SR 1140 IN JACKSON COUNTY STATE PROJECT NO. 6961020 T.I.P. NO. R-0619C SCALE 1:2400 FIGURE 2 - - - ---- - ------ - -- - ---- - -? -- .vv ? . vi t V V V 1`IV V V V 1 V 1 } FILE U.S. ARMY CORPS OF ENGINEERS WILMINGTON DIS'T'RICT RECEIVED 'd. : U903U729 County. Jackson Q(J 62 81001 Gl':NIERAI. PERMIT (REGIONAL ANI) NATIONWIDE,) VERIFICATION Property owner: North Carolina Department of Transportation Acici,-ess: Attn: C.R. Stylcs, District Engineer, Post Office Pox 250, Bryson City, NC 28713 :'e'c'No.: (828) 488-2131 on of project (water body, road name/numhcr, town, ot(;,): NC 281 approximately 13 miles south of Cullowli", unnatned tributaries of Tanasec Creek and Tuckmsegee River ?description of Activity: _xtenei six (6) culverts, and install one new culvert at station 346+15, associated with r:??'?z vvidening and paving. ,? ZCI<A1, CONDITION: All recommendations of the attached NC Wildlife Resources C^r iTnission letter of June 29, 2001, and as modified by memorandum dated July 30, 2001, 717e incorporated as special conditions of this permit. App'licable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). -Regional General Permit Number. 14 Nationwide Permit Number, Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is strict accordance with the attached conditions and your submitted plans. If your activity ?ectior 404 (if Section 404 block above is checked), before beginning work you must also a Section 401 water quality certification from the N.C. Division of Environmental Management, ;QIephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the cf the RGP or the NWP referenced above may subject the perinittee to a stop work order, a order, and/or appropriate legal action. ";pis Dcoa rtmeilt 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 permitter may Teed to co-itact appropriate State and local agencies before beginning work. .'-e:•c are any questions regarding this authorization or any of the conditions of the General hermit or :?atiunw'.cle Permit, please contact the Corps Regulatory Official specified below. bate AMgast 24, 2001 Corps Regulatory Official John W. Hendrix Telephone No. (828) 271-7980, x-7 -`:: Date of Verification February Il, 2002 SURVEY PLATS, FIELID SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST 131' ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. ? Aw• r•,?. 501 R + North Carolina Wdffe Resources Commission Charles R Fullwood, Executive Director June 29, 2001 Mr, Steve Lund U. S. Army Corps of Engineers Regulatory Branch 5'. Patton Avenue, Room 208 ASneville, North Carolina 28801-5006 SUBJECT: NCDOT Nationwide 404 Permit Application Pave NC281 - Unnamed Tributaries Tuckasegee and Tanasee Creek Jackson County, North Carolina Dear Mr. Lund: Mr. Greg Shuler of the North Carolina Department of Transportation is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to renew a 404 permit from the U. S. Army Corps of Engineers. Staff biologists have reviewed information provided by the ~.:'icant, anal an onsite investigation was conducted on May 8, 2001 to further assess potential cocas ~action impacts on wildlife and fisheries resources. These comments are provided in accordance with -Cns of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination -Ac? (48 Szzt. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to pave a section of NC 281 in Jackson County. The work will require the ,%Iension of six culverts in unnamed tributaries of the Tuckaseegee River and Tanasee Creek. At station s45.=.15 a new pipe will be bored and jacked a 36-inch steel in the dry and divert the stream into the new pine. The existing pipe will be plugged. The Tuckasegee River is classified as WS-I11 &B trout ORW and Tanasee Creek is classed as WS III trout HQW. Tanasee Creek is also designated by the NCWRC as wild trout water. The streams involved in this project are small and several of the streams are fragmented due to per.`.-ed culverts at the outlets. We are concerned about the potential impacts from this project on these high quality aquatic habitats. We can concur with the issuance of a permit provided the subject permit is conditioned as follows. 1. Adequate sedimentation and erosion control measures for High Quality Waters should be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Areas around stream crossings and adjacent to streams should be seeded by hand and mulched with erosion control matting instead of straw. 2. Culverts should be placed with the floor of the barrels approximately one foot below the level of the stream bottom to allow natural stream bottom materials to become established in the Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 . r -, n - -- 1 an - 1 W- t -'1../4 1 1 1 1- Pave NC 281 2 Jackson County, UT Tuckasegee River June 29, 2001 culvert following installation and will allow fish passage during periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. Perched culverts should be corrected. ? . Under no circumstances should rock, sand, or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners. 4. Excavation of the stream crossings should be conducted in the dry, if possible. Sandbags, cofferdams, flexible pipe, or other diversion structures should be used to minimize excavation in flowing water. 5. If concrete is used during culvert installation (headwalls), a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is toxic to fish and other organisms. Water that has contacted concrete should not be discharged to surface waters due to the potential for elevated pH. 6. Rock check dams at culvert outlets should be removed at project completion. These structures could impede upstream migration of aquatic life. 7. Work instream and within the 25-foot buffer is prohibited from October 15-April 15 to protect egg and fry stages of trout from the impacts of sedimentation. 8. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into streams. 9, Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and vegetation should be used for stabilization above the high water elevation. 10. Removal of vegetation at the stream crossing should be minimized. Native trees and shrubs (e.g., rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the road crossing. 11. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. 12. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited, Thank you for the opportunity to review and comment on this(project. Pending availability of field staff the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546. Sincerely, J ' Ow F. An rsc Mountain Region Coordinator Habitat Conservation Program Ju11 G7 VI 1( -lu r. uo cc: Mr. Greg Shuler, NCDOT Mr. Mark S. Davis, Division Environmental Officer, NCDOT Received Subject: Modification Request for NC 281 in Jackson County Date: Mon, 30 Jul 2001 12:06:39 -0400 From: "Owen F. Anderson" <andersof@brinet.com> J L, L 3 J 2 00, 1 Organization: NC Wildlife Res. Comm. To: "'Lund, Steve"' <steven.w.lund@usace.army.mil> CC: "'Davis, Mark"' <markdavis@dot.state.nc.us>, Q i v I S i o l-is : e "'Parker, Mike "'<mike.parker@ncmail.net> The NCDOT would like a variance on the trout moratorium for the Tanasee Creek culvert installation at station 346+15 on NC 281 in Jackson County. This culvert will have to be bored and jacked under the existing roadway. Due to Tanasee Creek and Tuckasegee River being classified and/or designated trout waters, we requested the permit be conditioned with a trout moratorium. The work for this culvert is scheduled for the winter months, probably November or December when the lake is down. The trout moratorium would obviously conflict with the draw-down period. Therefore, we can concur with a modification to carry out the work at this crossing during the lake draw down. The moratorium would remain in effect for the other stream crossings and buffer areas. Owen Anderson Mountain Region Coordinator Habitat Conservation Program 1 of 1 7/30/014:16 PM O Y G y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality August 13, 2001 Jackson County RECEI V ED DWQ Project No. 010659 TIP Project No. R-619C, NC 281 AEG 16100) APPROVAL of 401 Water Quality Certification with Additional Conditions [Modification] Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions and those listed below, to relocate 15 linear feet of Tanasee Creek in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated 17 April 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. The relocated stream section shall match the existing hydrology and sediment transport. 2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 3. A trout moratorium variance will be allowed for the Tanasee Creek culvert installation at Station 346+15 on NC 281 only. 4. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters as specified in 15A NCAC 2B .0225 and 15A NCAC 2H. 1007. 5. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 6. The culvert required for this project shall be installed in such a manner that the original stream t altered (i a the depth of h channel should not reduced by a widening of the 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), httpJ/h2o.enr.state.nc.us/ncwedands/ '11 streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 7. All work shall be performed during low flow conditions. 8. All mechanized equipment operated near surface waters shall be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 9. The presence of equipment in the channels must be minimized. Under no circumstances shall 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. 10. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 11. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap shall be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 12. Rock silt screens at culvert outlets shall be removed at project completion. 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 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy Sincerely, P l ?d Nyaeq STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHEAL F. EASLEY GoVERNOR April 17, 2001 Mr. Rob Ridings 401 Wetlands Unit NC DWQ 1650 Mail Service Center Raleigh, NC, 27699-1650 Subject: Application fee TIP # R-619C, Jackson County, NC 281 Work Order Number: 6.961020 Dear Mr. Ridings: 01 0659 ?o Please find the enclosed check in the amount of $200.00 for the application fee for the subject project. I certainly appreciate your willingness to contact me in a timely manner, to save time in the permit process for this project. Please advise if I can be of further assistance. You can reach me at (828) 586-2141, or at gshuler@dot.state.nc.us. Respectfully, Greg Shuler Design Construction Engineer GSS cc: Mr. Joel Setzer, PE, Division Construction Engineer File LYNDO TIPPETT SECRETARY n a ? Division Design Construct Office Division Fourteen, Post Office Drawer 37, Sylva, NC 28779 Telephone (828) 586-2141 Fax (828) 586-4043 www.doh.dot.state.nc.us 010659 DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY,1650 MAIL SERVICES CENTER, RALEIGH, NC 27699. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: N.C. Department of Transportation -;:a -0 rTi 2. MAILING ADDRESS: P.O. Drawer 37 CD r? SUBDIVISION NAME N/A G r-n E CITY: Sylva STATE: NC ZIP CODE: 28779 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): NC 281 (1.58 miles), Jackson County 3. TELEPHONE NUMBER: (HOME) N/A (WORK) (828) 586-2141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Greg Shuler P.O. Drawer 37, Sviva NC 28779 (828) 586-2141 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Jackson - NEAREST TOWN: Lake Toxaway SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Take Hwy. 281 South from Cullowhee and proceed Wroximately-13.0 miles to the intersection on SR 1762 and NC 281. Turn rip-ht and cross the bridge to the beginning? of the project. 6. IMPACTED OR NEAREST STREAM/RIVER: Tanasee Creek and Tuckassegee River RIVER BASIN: Little Tennessee 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES X NO ? IF YES, EXPLAIN: Class IIIB, ORW, Trout (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? ip 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 11.37Acres (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : 0.07 TOTAL ACRES TO BE IMPACTED: 0.07 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: PIPE EXTENSIONS/ADDITIONS I1 FT STREAM RELOCATION - LENGTH BEFORE: 15 FT AFTER: 18 FT WIDTH BEFORE (based on normal high water contours): 11-22 FT AVERAGE DEPTH BEFORE: 0.2 FT AFTER: 0.2 FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) We DroDose to wade, drain, base, pave, and install erosion control measures for NC 281 . The proiect will involve extension of Six (6) existing culverts and placement of one new culvert (see attached culvert sheet). The total length of the pipe extensions/additions will be 11 linear feet (6 feet on unnamed tribhm to Tanasee Lake and 5 feet on an unnamed tributary to the Tuckaseegee River. Culverts will not impede fish movements. The DroDosed Droiect will also involve the relocation of approximately 20 linear feet of an unnamed tributary to Tanasee Lake (see attached channel relocation sheet). At this site we propose to bore and jack 103 linear feet of 36' steel pipe under NC 281 within 15 feet of the existing pipe. This will be completed in d a conditions When this work is completed the existing channel will be rerouted into the new pipe and the existing pipe will be plugged. Mechanical eauipment will include _excavator, backhoe, graders, trucks, and paving machinery, as well as boring and jacking equipment. 13. PURPOSE OF PROPOSED WORK: To provide a safe paved road for the traveling public. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) To upgrade/replace drainage facilities to meet current DOT standards. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL ip" HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICE (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 2/22/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES X NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES E] NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY I C NSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT <3pGXn, I ? - ?c> [ 6? 414 O (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). I1 \ 1.?\? \C•',\?''1 1 ( ? fit, v `??z -.?_ ?(._, •.\``?t?.?l ? ?">;? `z ?;1?? . .r. \?? !?? i\ \\? ?•:1?`, I rl •_ + ?? 1A O`. --.?\v .?.?,??L_?J.1???\\.-.v? lid. ?\??? _ 16 N:: `ER" ? J 11 ------------ - a. ?? ? ^?.... JJ -.\, Trit`? '' ,Knob I BEGIN PROJECT \ ?- bridge ?\\?_ ! . J ~' -•\ ti IV/ :kjl =n`eat` 'NN n, c 1\0n. \Pa. 7N NN, ??, ? 1 ?; ,a815 li ? END PROJECT f '•?- ?? r? /'?. 'e° ??\ `; ? \ '?•?ovc's Briog_= ``=?' '? : l? ? -%r:? (; ? C7Alf't?Gl :??;'eo - h \fL\t? ilk s A°° A111 < O V .?e? 890.5.E f sour t 0 1 2 3 s Wa Jt00 ,? ? ' ?V&Elr? NORTH CAROLINA DEPARTNIENT OFTRANSPORTATION DIVISION OF HIGHWAYS PLANNING A:ND ENVIRONMENTAL 4°sw`P` BRANCH NC 281 FROM SR 1762 TO SR 1140 IN JACKSON COUNTY STATE PROJECT NO. 6961020 T.I.P. NO. R-0619C SCALE 1:2400 FIGURE 1 J` l I I wnf'2r a.. 43 M --? -? 0 ©© - 74 a tllets IOD• ` -0 Sy Iva + lG?+ia CF t GreM , • Webster , - - - 1 Creek , tu* C.u 411orhee 4 Gay to East Lacort ?" J A CS '70 Tuckasege _ -•\ l 281 r TAe"n4 o H om FOREST .Tharp Glenville ak4 6 \ to X 64 t S?shiers L High Sa Hampton 81 '`?nOS 6 Fdh Ibas Craaw Ch. \ wepm Ad 11-4 G.. I S : 280 9 b d " FOR &0d •s „tin 215 + Brevar + Li ,Forest Lit TRANSY, IA _ Cherryf ief 1 1 - sa 1 '31 1 alt r? 'Rosman 216 It lid Cedar Mountain) - ozara" 0•} I TR?°cana Jr Ire R EV. 6.010 - \ - `1 u IZ. geaet?t ? \ Tom/// 45 i 15 can /- ,' 1 ?, 8) (? 0 t? ?' 1 ( i7 -•.YSu?, N A T 1 O N A L \ RCCKY •\ n46 '.t --. ^ee` I t KNOB \ Q RICH MTN, ?-•t? •\ 1 1 `? -ELEV. 900 K ?Y 1747 Gf,?• ? ' ?; ?' ! t ) t, A07fN 171_5 ' t?4?'' •z tlu Rtcc.. •I '4EAO Ch. Am A i ' i ?• . pIVEA 1)G ! •;?1 tea ? ?. % / •. ? `i ?7!2 J• Sdis Cr.s" ` •? ^ I ?s"iOf'd 0 1171 :. - .him a I Ch. 231) idt ' i T? ??oes ?• IL 7 17L9 Y e I + r 1?• 016y • p .?. 179 ". 1179 . 1 t33 \\, _ CE wor Cnff ?i 04R CLIFF C ?:. t CR / MTN. ( i I ,? 1 SJ . : ,. /• .2 _2 s a,9 1 \/ don n?1 y ,137 `-?" CT'(?. \ ` 8 i' ¢ .. ` „oc• \ ,T.. •.. ? e ?? .? ? c ? qy X07. ?. •. ,'3to ?`. CLIFFS na1 a' n36 i•.; - ff fq 1 O'+otlw t. ` t .. .v.3.427 . 11 CEDAR CUFF' LAKE lra ?6:71 BEAR CREEx rv? -? T F O R E S T I_ BEGIN PROJECT `^ .hMfh• / ?? i I E:_ CONEY MTN. \ ?."7 ` . \ 26G \/) • ! 2g 2 . H 22 \ - ELEV. 4.400 FFtf BIG KNOB END PROJEC -a C T 11291 ELEv. a.6oo 4 /• °?> `ii 1'+,'1.` ?.•?C TURKS' ,•.%-i fv" / 1. i .3 t191 KNOB ` a T jr, P. OT MTN. \ 1129 ?• / J / _ 1 JACKSON COUNTY ' _ _ - TRANSYLVANIA COUNTY 2?3 • 4 .y 1129 ? T COLD MTN, - _ ,FT 1IS9 1130' Big RIdOO /.. \ 1A KS Ch. 1127 \-. \ BLACKROCK MTN,± ?• 1j r q'J'Fq 3 1 ELEV. 4,500 1120 1126 7 el(/F 1173 I 21 - SCALE 1 0 1 2 8 4 AY18 NORTH CAROLINA DEPART.NIENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL ^-••s BRANCH NC 281 FROM SR 1762 TO SR 1140 IN JACKSON COUNTY STATE PROJECT NO. 6961020 T.I.P. NO. R-0619C SCALE 1:2400 FIGURE 2 4P A Proposed Culvert Extensions and Additions on Surface Waters TIP # R-619C NC 281 Jackson County, NC Unnamed tributary to Tanasee Lake Survey Station Existing Culvert (ft) Proposed Culvert (ft) Extension(ft) 346+10 103 103 0 359+34 46 40 -6 365+25 33 45 12 Total Extensions 6 ft Unnamed tributaries to Tuckasegee River Survey Station Existing Culvert (ft) Proposed Culvert (ft) Extension (ft) 392+00 36 35 -1 398+70 35 41 6 405+90 41 41 0 Total Extensions 5 ft Proiect Total Extensions lift 010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no practical altemative exists. BUA must be minimized, stormwater diverted, and DOT BMP document followed. 010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized, stormwater diverted, and DOT BMP document followed. 010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design shows no structural benefit to the applicant and impacts to troutwaters. Proiects Reviewed. No Comments. Not in WS: 010570 - Town of Winfall, Perquimans Co. 010501- Winston Salem, Forsyth Co. 010503 - DOT, Yancey Co. 010506 - WI Schottenstein Homes, Orange Co. 010540 - AG Industries, Rutherford CO. 010576 - Wetland and Natural Resource COnsultants, Catawba Co. 010551 - NRCS, Halifax CO. John & Cyndi: Some of these might have already gone through, but here are my comments: Proiects with Comments: 010235 (DOT, Alexander Co.) -the project is in WS-II. DOT must follow their document "BMPs for the Protection of Surface Waters" 000894 (DOT, Lincoln Co.) -the project is in WS-II. DOT must follow their document "BMPs for the Protection of Surface Waters" ?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the project is in WS-III. If this road is a private road, then it will need to go through the variance process with Jackson Co. Planning Dept If it is a public road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters." 010471 (Jackie Speight, Moore Co.) - the project is within WS-II HQW. The Foxfire Village Planning Dept must review for variance process if it's a private rd. 010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake Benson balance of watershed. If this road is a private road, then it will need to go through the variance process with the Gamer Planning Dept If it is a public road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters." 010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert stormwater away from surface waters, and follow their document "BMPs for the Protection of Surface Waters." 010474 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it will need to go through the variance process with the Youngsville Planning Dept. If it is a public road, road crossings are allowed if no practical altemative exists. Plus BUA must be minimized, stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters." 010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with Durham Planning Dept. 010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or Greenville Planning Dept 010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with Durham Planning Dept. If applies, the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs used. 010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with local Planning Dept. Also, do Catawba Temp Rules apply? 010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a public project crossing is allowed if no practical alternative exists. BUA must be minimized, stormwater diverted, and DOT BMP document followed. 010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr and maybe even WS-IV. MEMORANDUM TO: John Dorney Regional Contact: Michael R. Parker Non-Discharge Branch WQ Supervisor: Fsrrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NCDOT - NC 281 R-619C County Jackson Project Number 01 0659 Recvd From DOT Received Date 4/27101 Recvd By Region Project Type road crossing 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 F 14 ? O Y Q N 2-79-6 WSIII TRORW 40,402. F- F__ 15.00 F- Mitigation Wetland MitigationType Type Acres Feet s Is Wetland Rating Sheet Attached? O Y (ON 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 # N Recommendation: 0 Issue O Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 351254 Longitude (ddmmss) 825913 - Comments: 15 FEET OF EXISTING STREAM WILL BE DIVERTED TO NEW LVERT. ALL OTHER STREAM CROSSINGS INVOLVE REPLACEMENT CULVERTS WITH NO EXTENSION. GABIONS TO BE PLACED IN FILL SLOPE ADJACENT TO LAKE. HIGH QUALITY WATERS EROSION CONTROL GUIDELINES SHOULD BE USED IT IS QRW. STORMWATER SHOULD BE DIRECTED TO BUFFER AREAS AND DETENTION PONDS. NO CONCRETE SHOULD BE ALLOWED TO ENTER STREAMS. MOWING OF BUFFERS IS STRONGLY DISCOURAGED. NO WORK SHOULD BE CONDUCTED DURING TROUT SPAWNING SEASON. CULVERTS CARRYING STREAMS SHOULD BE INSTALLED IN SUCH A MANNER THAT THE ORGINAL STREAM PROFILE IS NOT ALTERED. cc: Regional Office Central Office Page Number 1 Facility Name NCDOT - NC 281 R-619C County Jackson Project Number 01 0659 Regional Contact: Michael R. Parker Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 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 DWQ Project No.: Q 10 659 County: Applicant: GIZG SNuLEA-. Project Name: tZ (.15 cA Date of Issuance of 401 Water Quality Certification: ..su , R lxJ L5 0 U ?. § ?so?l J AUG 2,8 W i WETL NM G"tif (DliiLlTY SECTION 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 ail of these. Applicant's Certification I, Gmc. Soa-eR , 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 d.,specifi , and other supporting materials. Signature: ( Date: $ /Z3/122 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 project was designed by a Certified Professional I, , 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 Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date t DENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 V Ar?. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources C!j Z° Alan W. Klimek, P.E. Director r j Division of Water Quality D `C DWQ Project No.: Oia(vS5/VIoj County: Applicant: NCDOT Project Name: IZ- 619 C-- /?e- 0ae/ Date of Issuance of 401 Water Quality Certification: 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, Joel B. Setzer, P.E., 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, an? pp rt"g materials. Signature: Date: O- 3-US Agent's Ce cation 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 project was designed by a Certified Professional 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 Rules, the approved plans and specifications, and other supporting materials. Signature w 112j-_S & Registration No. Date: N ?-EA 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/newetiands/ Q 4G Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 19, 2003 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 APPROVAL of 401 Water Quality Certification with Additional Conditions: RENEWAL Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions and those listed below, to impact 12 linear feet of an unnamed tributary to Tanasee Lake and impact 30 linear feet of unnamed tributaries to Tuckasegee River in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated June 2, 2003 with additional information dated June 18, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3404 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (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. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters as specified in 15A NCAC 213 .0225 and 15A NCAC 2H. 1007. 2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413 .0124) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 3. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 4. Stormwater should be directed to vegetated buffer areas, grass lined ditches 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 stormwater sheet flow. 5. The culverts shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. N. C. 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/nowetlands) Customer Service #: 1-877-623-6748 6. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project. 7. Use of riprap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If riprap is necessary, it must be limited to the stream bank above the high water mark. Riprap shall not be placed in the stream bottom. 8. 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. 9. 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. 10. 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. 11. 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. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy ( William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 17, 2003 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 CERTIFIED MAIL: Return receipt requested Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: The Division of Water Quality staff has reviewed your submittal for a §401 Water Quality Certification for the aforementioned project received April 24, 2003. Review of the water quality certification application revealed several deficiencies: 1. The Modification to the §401 Water Quality Certification (issued on August 13, 2001) contained a provision to relocate 15 linear feet of Tanasee Creek. This issue was not addressed in the June 2, 2003 correspondence requesting renewal of the Water Quality Certification. Will the Tanasee Creek need to be relocated? 2. NCDOT had requested a trout moratorium variance for the Tanasee Creek culvert installation at Station 346+15. The culvert locations listed in the June 2, 2003 PCN Application do not have any culverts located at this station. Has the stationing been revised? Will a trout variance be required? 3. The June 2, 2003 PCN lists impacts at Sites 2 through 6? Will there be an impact at Site 1? Why is the impact at Site 2 listed as 0 linear feet? 4. What are the total amount of impacts from rip rap (only the impacts from pipe have been noted on the PCN form)? Pursuant to 15A NCAC 2H.0507(a)(3), the permit application is placed on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of.Engineers continue to place the permit application on hold. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address). 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 ?r D, We look forward to working with you to expedite the processing of your permit application. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Domey Quality Certifica on Program cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office File Copy 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 Coleen H. Sullins, Deputy Director Division of Water Quality June 17, 2003 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 CERTIFIED MAIL: Return receipt reauested Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: The Division of Water Quality staff has reviewed your submittal for a §401 Water Quality Certification for the aforementioned project received April 24, 2003. Review of the water quality certification application revealed several deficiencies: 1. The Modification to the §401 Water Quality Certification (issued on August 13, 2001) contained a provision to relocate 15 linear feet of Tanasee Creek. This issue was not addressed in the June 2, 2003 correspondence requesting renewal of the Water Quality Certification. Will the Tanasee Creek need to be relocated? 2. NCDOT had requested a trout moratorium variance for the Tanasee Creek culvert installation at Station 346+15. The culvert locations listed in the June 2, 2003 PCN Application do not have any culverts located at this station. Has the stationing been revised? Will a trout variance be required? 3. The June 2, 2003 PCN lists impacts at Sites 2 through 6? Will there be an impact at Site 1? Why is the impact at Site 2 listed as 0 linear feet? 4. What are the total amount of impacts from rip rap (only the impacts from pipe have been noted on the PCN form)? Pursuant to 15A NCAC 2H .0507(a)(3), the permit application is placed on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place the permit application on hold. We look forward to working with you to expedite the processing of your permit application. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, John R. Dorney Water Quality Certification Program N. C. 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), (httD://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office File Copy y +.a AAIp N d w +a uy STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 18, 2003 MEMORANDUM TO: John Dorney, Water Quality Certification Program Division of Water Quality - DENR FROM: Mark S. Davis Division 14 Environmental Officer SUBJECT: Additional Information for 401 Permit Application TIP No. R-619 C(B) - NC 281 Jackson County LYNDO TIPPETT SECRETARY This memorandum is in response to your letter dated June 17, 2003. In regard to questions 1-2. I apologize for not explaining Site 1 in the cover letter. DWQ issued the original 401 Certification for the R-619 C project on June 6, 2001. Condition 2 stated that no work could take place within the 25-foot trout buffer zone between October 15 and April 15. Site 1 lies adjacent to Tanasee Lake, which is a Duke Power hydropower lake. In order for DOT to replace the pipe at Sta. 346+15, it would require working in the trout buffer zone during the winter draw down of the lake. NCDOT requested a modification to the 401 to allow the boring and jacking of this pipe during the winter draw down. DWQ issued a modified 401 dated August 13, 2001, which added condition 3, allowing the installation of the pipe at Site 1 during the trout moratorium period. At this point DOT let a contract for the construction of 0.42 miles of the road, which included the installation of the pipe at Site 1. This segment of the project was constructed in December 2001 and was covered under the 401 issued on August 13, 2001. No trout moratorium variance will be required for the remaining culvert installations. 3. In the spring of 2003, DOT let the contract for the rest of the project R-619 C(B). Upon reviewing the permits, it was discovered that the permits had expired. In addition, the 401 appeared to cover only the 15-foot relocation of Tanasee Creek (Site 1), not the remaining Sites 2-6. The PCN dated June 2, 2003, covers Sites 2-6, which were not included in the original 401 certification issued by DWQ; however, they were applied for in the original PCN application dated April 17, 2001. The impact at Site 2 is listed as 0 linear feet. This is because we are replacing 45 linear feet of pipe with 45 linear feet of pipe, resulting in no net increase in pipe length (see impact table in cover letter). Fourteenth DMsion OHLu.:. 2?3 A'ChAer Road, Sd%,i, North Carolina 25779 Telephone: 82S-5S6-2142 ?ti vw.doh_dol.?tale.ncus Fyr: 828-?,S6-4043 R-619C(B) Page 2 June 18, 2003 4. There should be no impact from rip rap associated with the pipe installations other than a small area around the pipe inlet and outlets. No rip rap will be placed in the stream channel or along the stream banks. If you have any questions or need additional information, please contact me at (828) 586-2141. Enclosure cc: Mr. John Hendrix, NCDOT Regulatory Project Manager, Asheville Mr. Mike Parker, DWQ, DENR, Asheville Mr. R. G. Watson, P.E., Division Engineer, Sylva Mr. Paul White, P.E., Division Design Construct Engineer, Sylva 6. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project. 7. Use of riprap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If riprap is necessary, it must be limited to the stream bank above the high water mark. Riprap shall not be placed in the stream bottom. 8. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimise sedimentation and reduce the likelihood of introducing other pollutants into the stream. 9. 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. 10. 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. 11. 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. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. H you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files . File Copy STATE OF NORTH CAROLINA x/401 WUp JUN 2 4 ?Oo) q DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 18, 2003 MEMORANDUM TO: John Dorney, Water Quality Certification Program Division of Water Quality - DENR FROM: Mark S. Davis KIJ. ? Division 14 Environmental Officer SUBJECT: Additional Information for 401 Permit Application TIP No. R-619 C(B) - NC 281 Jackson County LYNDO TIPPETT SECRETARY This memorandum is in response to your letter dated June 17, 2003. In regard to questions 1-2. I apologize for not explaining Site 1 in the cover letter. DWQ issued the original 401 Certification for the R-619 C project on June 6, 2001. Condition 2 stated that no work could take place within the 25-foot trout buffer zone between October 15 and April 15. Site 1 lies adjacent to Tanasee Lake, which is a Duke Power hydropower lake. In order for DOT to replace the pipe at Sta. 346+15, it would require working in the trout buffer zone during the winter draw down of the lake. NCDOT requested a modification to the 401 to allow the boring and jacking of this pipe during the winter draw down. DWQ issued a modified 401 dated August 13, 2001, which added condition 3, allowing the installation of the pipe at Site 1 during the trout moratorium period. At this point DOT let a contract for the construction of 0.42 miles of the road, which included the installation of the pipe at Site 1. This segment of the project was constructed in December 2001 and was covered under the 401 issued on August 13, 2001. No trout moratorium variance will be required for the remaining culvert installations. 3. In the spring of 2003, DOT let the contract for the rest of the project R-619 C(B). Upon reviewing the permits, it was discovered that the permits had expired. In addition, the 401 appeared to cover only the 15-foot relocation of Tanasee Creek (Site 1), not the remaining Sites 2-6. The PCN dated June 2, 2003, covers Sites 2-6, which were not included in the original 401 certification issued by DWQ; however, they were applied for in the original PCN application dated April 17, 2001. The impact at Site 2 is listed as 0 linear feet. This is because we are replacing 45 linear feet of pipe with 45 linear feet of pipe, resulting in no net increase in pipe length (see impact table in cover letter). Fourtcenth Division Ot?ice. 253 ?Nebster Road, Svlva, ]forth Cuolina 28779 Telephone: 828-586-2142 w«u.doh.dot.state.nc.us Fax: 828-586-404'8 a R-619C(B) Page 2 June 18, 2003 4. There should be no impact from rip rap associated with the pipe installations other than a small area around the pipe inlet and outlets. No rip rap will be placed in the stream channel or along the stream banks. If you have any questions or need additional information, please contact me at (828) 586-2141. Enclosure cc: Mr. John Hendrix, NCDOT Regulatory Project Manager, Asheville Mr. Mike Parker, DWQ, DENR, Asheville Mr. R. G. Watson, P.E., Division Engineer, Sylva Mr. Paul White, P.E., Division Design Construct Engineer, Sylva A j F Michael F. Easley, Governor - W G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Gregory J. Thorpe, Ph.D. > Acting Director p Division of Water Quality August 13, 2001 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 APPROVAL of 401 Water Quality Certification with Additional Conditions [Modification] Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions and those listed below, to relocate 15 linear feet of Tanasee Creek in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated 17 April 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. The relocated stream section shall match the existing hydrology and sediment transport. 2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the _ trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina'Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 3. A trout moratorium variance will be allowed for the Tanasee Creek culvert installation at Station 346+15 on NC 281 only. 4. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters as specified in 15A NCAC 213 .0225 and 15A NCAC 2H. 1007. 5. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413 .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 6. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel shoes not be reduced by a widening of the North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 7. All work shall be performed during low flow conditions. 8. All mechanized equipment operated near surface waters shall be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 9. The presence of equipment in the channels must be minimized. Under no circumstances shall 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. 10. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 11. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap shall be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 12. Rock silt screens at culvert outlets shall be removed at project completion. 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 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. - Attachment -:" cc:.. Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy Sincerely, ?0? WA TF9Q ?O G r_ Cod X"17 Michael F. Easley -- Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources 0 Kerr T. Stevens Division of Water Quality June 6, 2001 Jackson County DWQ Project No. 010659 TIP Project No. R-619C, NC 281 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions .and those listed below, to relocate 15 linear feet of Tanasee Creek in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated 17 April 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6).and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. . 1. The relocated stream section.-shall match the existing hydrology and sediment transport. 2. In-stream work and land disturbance within the 25-foot wide buffer zone are, prohibited during the ti trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 3. Stormwater management requirements, specific to HQW as described in 15A NCAC 2H .1006 shall be followed. 4. Sedimentation and Erosion Control Guidelines' for Sensitive Watersheds (15A-NCAC 4B .0024) must be implemented prior to Aiiy ground=disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 5. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel should not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 6. All work shall be performed during low flow conditions. North Carolina Divisionof 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), hftp://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 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. 8. The presence of equipment in the channels must be minimized. Under no circumstances should rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 9. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 10. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap should be limited to the stream bank below the high water mark, and vegetation should be used for stabilization above high water. 11. Rock silt screens at culvert outlets should be removed at project completion. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, 7 Kerr T. Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy %r M swF° (51069 -lee,?w4 FILE COPY -? ?STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 2, 2003 Mr. John Hendrix, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application - Renewal NC 281 - Jackson County USACE Action ID No. 200030729 LYNDO TIPPETT SECRETARY 401 ISSUED WETLA 98?401 CROUP J(1N 0 4 2003 ,??ATERQUALITYS ECTIpN DWQ Project No. 010659 TIP No. R-619C(B) (DWQ Minor Permit Fee $200, if required) Dear Mr. Hendrix: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave NC 281 from 0.42 miles southeast of SR 1762 to SR 1140 in Jackson County. This proposal entails widening and paving the existing gravel road to a standard 20-foot roadway. The proposed improvements to NC 281 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2003 paving season. I am sending a straight-line diagram with the proposed erosion control and construction limits along this project. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements as well as a marked county map and USGS quad map. We propose to install the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. The culverts at Sites 2, 3, and 4 will be perched due to the steepness of the fill slope and surrounding terrain. 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 (US Forest Service BA dated 11/19/02). 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 is being effectively controlled. If the planned devices are 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 pipe culvert construction and will remain in place until the project is stabilized. T ZJ r_TI NC 281 Page 2 June 2, 2003 Impacts to Waters of the United States In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to extend/replace 5 metal culverts in unnamed tributaries of the Tuckasegee River (DWQ Class WS-III B Tr ORW). Listed below is a summary of the proposed impacts. Site No. Existing Proposed Net Impacts Station Condition Condition Site 2 45' x 18" CMP 45' x 18" CMP 0' extension 359+31 Site 3 33' x 18" CMP 45'x 18" CMP 12' extension 365+22 Site 4 35' x 18" CMP 45' x 30" CMP 10' extension 392+03 Site 5 35' x 24" CMP 50' x 36" CMP 15' extension 398+70 Site 6 40' x 24" CMP 45' x 24" CMP 5' extension 405+88 42 linear feet total Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. Owen Anderson, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 586-2141. Your early review and consideration will be greatly appreciated. Sincerely, Mark S. Davis Division Environmental Officer Enclosures r NC 281 Page 3 June 2, 2003 cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. R.G. Watson; P.E., Division Engineer, NCDOT Mr. Paul White,P.E., Division Design Construct Engineer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT It YJ 0 OFD"": '' Pre-Construction Notification (PCN) Application Form 11 ?r- i For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules NC 281- Jackson County From 0.42 miles southeast of SR 1762 to SR 1140 (1.16 miles) NCDOT Division 14 Prepared by: Mark S. Davis Division Environmental Officer Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. D 1016 c 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: NC Department of Transportation Mailing Address: 253 Webster Road Sylva NC 28779 Attn: Mark S. Davis. DEO Telephone Number: (828) 586-2141 Fax Number: (828)586-4043 E-mail Address: markdavis(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: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 9 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: Widen Grade and Pave NC 281 from 0.42 miles southeast of SR 1762 to SR 1140 0.16 miles) 2. T.I.P. Project Number or State Project Number (NCDOT Only): R-619 C (B) 3. Property Identification Number (Tax PIN): N/A 4. Location County: Jackson Nearest Town: Lake Toxaway Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take NC 107 South from Sylvia to NC 281 at Tuckase2ee. Proceed on NC 281 South approximately 13.0 miles to the intersection of SR 1762 and NC 281. Turn right on NC 281 and cross bridge over Tanasee Creek (Tanasee Lake) approximately 0.4 mile to beginning of protect. 5. Site coordinates, if available (UTM or Lat/Long): 035 12' 53.0" N 082 59' 28.4" 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: Forest land and rural residential 7. Property size (acres): 4.0 Acres 8. Nearest body of water (stream/river/sound/ocean/lake): Tuckasegee River - DWQ Class: WS-III&B Tr ORW 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/.) 10. Describe the purpose of the proposed work: Widen, grade, and pave existing gravel road to current NCDOT secondary road standards. Provide a safer road for the traveling public. 11. List the type of equipment to be used to construct the project: Trackhoes, dozers, loaders, graders and dump trucks 12. Describe the land use in the vicinity of this project: Forest land, sparce residential US Forest Service - Nantahala National Forest 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. USACE Action ID No 200030729 issued on 8/24/01 - Expired on 2/11/02 DWQ Project No 010659 issued on 6/6/01 • Modified on 8/13/01 - Expired on 2/11/02 Application Date: 4/4/01 - - V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Yes R-619 D to the Jackson/Transylvania County Line. R-619 EA and R-619 EB two remaining sections located in Transylvania County. Permits for these projects will be applied for as funding becomes available All projects involve the widening,_grading, and paving of NC 281 to current NCDOT secondary road standards 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 Page 3 of 9 and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact 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 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, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htto://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: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Site 2 Sta 359+31 Culvert 0 UT - Tanasee Lake 1 P Site 3 Sta 365+22 Culvert 12 UT - Tanasee Lake 1 P Site 4 Sta 392+03 Culvert 10 UT - Tuckasegee River 1 P Site 5 Sta 398+70 Culvert 15 UT - Tuckasegee River 2 P Site 6 Sta 405+ 88 Culvert 5 UT - Tuckasegee River 1 P * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated 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. Page 4 of 9 ** 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.tol2ozone.com, www.ma ciuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 42 linear feet 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wat) (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 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.): 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. Minimal lengths of pipe were used to achieve minimum design widths to meet current NCDOT secondary road standards Hi Quality Waters erosion control measures and other appropriate BMP's will be used to minimize impacts to the Tuckasegee River (WS-III & B Tr ORW). 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.nc.us/ncwetlands/stnnaide.html. 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 httv://h2o.enr.state.nc.us/wro/index.htm. If Page 6 of 9 i 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No 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: 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. Page 7 of 9 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. The existiniz compacted gavel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gavel surface treatment. The roadway surface will be approximately 40% of the right-of-way area. Stormwater will be diverted through settling basins or grass lined buffers prior to entering streams. (See erosion control plan) 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 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 8 of 9 1 i 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). The US Forest Service conducted a Biological Evaluation of potential impacts upon T & E species associated with road construction A determination of No Effect was concluded. (Document dated 11/19/02) Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Agent's Signature Page 9 of 9 SITE #2 359+51 \ PROP. 45'. 24' CSP 8x4x2 8x4x2 84x2 8x4x2 8,-4x2 - _g2 \'A" ? - - -8x4x2 8x-4x2 EXIST. 45', II ` ` ` ® 18° CSP L SITE `5 e - - 565 +22 8x4x2 / C/ 8x4x2 8x4x2 8x4x2 8x4x2 Sx4x2 8x4x2? Sx x --------- ?? 8x4x2 EX15T.33' ?g /8" CSP PROP. 45'. 18" CSP 8x4x2 8?4*2 ?x4x2 SITE #4 392 *03 8x4x2 8x4x2 8x4x2 ,11 8x4x2 _ LIZ EXIST35' \ \ , \ ` 8x4x2 I ? PROP 45' \ \ 30' CSP \ - -- - --- - ---- 392+03 _ ....... _ - TE M EXATIMG SLOP . --- ...... ...... _...: ..... : ._ ..: .. .... ......... g 45' OF 3O' ON 5/. ..... ..... ............ ... .......... .._. ...._. ......... i......._... .........:... ...... .i .__ ._... __ .... .?_ ..... . ..... SITE #5 398+70 8x4x2-? - 8x4x2- - ® - EXIST. 35' I i INSTALL 50' 24' CSP 36' CSP C) I I? ----- ;?--------ice ---;-I---------- ii - - SITE #6 405 *88 8x4x2 8x4x2 > ®-)p- ®> EXIST.40' 24°CSP PROP. 45' 24" CSP J ---------- - - - - - - - - - ----- - - - ---1-? - --------- -------------- ?iGL - - I I t - F- I I I - II - - - - ---- -- ----- t l 4". Ay E 1, Rk 0 S I ON CONTIROL DETAILS AND SPECIFICATIONS Std Description 2a ?.M 'T'emp,0rar9 Silt Bitch 245.M Z-M Temporary Drverson 893.01 'T'emporary Silt Fence 890,05 Temporary Slope Brain -with Earth Berm Silt Basin 'T'ype A 2='?•D2 Silt basin 1 Tpe B 892.01; Temporary Rock Silt Check T-,pe- 895,10 Temporar9 Rock Silt Check 'I'?pe-B 892.01 Temporary Rock Sediment Dam Type-.1 892. .-2 'T'emporary Rock Sediment Dam Type-B °891.01 Rock Pipe Inlet Protection Type' 897.02 Rock Pipe Inlet Protection TYpe-B 89a .O1 - Rock Silt Screen 245.041 Stillin; Basin 896.01 Rock Inlet Protection Type-A 896.09 Rock Inlet Protection Type-B 8 96.02 Rock Inlet Protection T-YDe-C S--mbol TS® >T® --J D a ovo ao ?Ua A A) ra =2= 5 U-0 L! f I Markers Name: Begin Project Short Name: BgnPrj Coordinates: 035° 12'53.0" N, 082° 59'28.4" W Name: End Project Short Name: ndPrjc Coordinates: 035° 11'59.5" N, 082° 59'30.5" W e1 \ u°aa G!•, 4 a, 1 0 nn ar?5 c Sy .3 + ? `` We taster t Gflen lil t G.9 CreeM • i T ` lullwnee 1 Gar IC East Laoart l" A C? S Tucaaae¢e --% J ?^ 2 I ?°^ t FOREST t\JM?Glennite ' 6 'rods w.??y??v??ad / ?fa«1n•f C•. IS .w ?1 b FO R a•.s :F ?cT y en 2I5 +9revard+t l T Forest TRANSY -1 IA `Cherryfield/6 ' t 1 d°b 1 76 'Rosman 2 11 :'? 1761 Cedar Mountalny TRosorroQ J .1 [• ^ .•,.__.EL'v. 6.010~ ,>t 11 rttto`I t N A T 1 0 N A L ne4 '•.o RCt:xr r t ?g°c. i KNOB Q 1 ^ RICO 11111, •jC `. E.Ev.E.?CO a) ?-JeK? f ,i 0` t 1 1 ACR-rH tiI ns or- A 134 OaI eICC. / I\ C t r 1 . le, Ch. _ -A _ 1 ,s AV, 17, ar ,JMt(v 1?e \1 o.F.:...? LUC BEAR CREEK d c4 F O R E S T '. 6E31N PROJECT or. 9._ CCNEY YTN. '•` '\ a: •.'•. ?" Ic. ??? ?Rj? / +.WC KNOB co END PROJECT) TUPxE, 1 t t 1? e K C! • 129 / / .-•• .%?,,'/? A•• JACKSON COUNTY -' ,- •`•_ TRANSYLVANIA COUNTYv . ;y . •.• ,? 11.I. ' 2' .ate \ .s^ aO0y? wl? 1179', 319 ¦19q. ' ch. I1 t BLSCKRCC:*l url. ?• "r ??2 - L'• _ \. ` ELEV. t ?CO p 25. f e?G .? .?: ?? 1IZ1 F SCALE 1 0 1 2 3 4 AYtB NORTH CAROLINA DEPARTJIENT OFTRANSPORTATION 1 DIVISION OF HIGHWAYS i PLANNING AND EWIRONMENTAL BRANCH NC 281 FROM SR 1762 TO SR 1140 IN JACKSON COUNTY STATE PROJECT NO. 6961020 T.I.P. NO. R-0619C SCALE 1:2400 FIGURE 2 - - - ---- - ------ - -- - ---- - -? -- .vv ? . vi t V V V 1`IV V V V 1 V 1 } FILE U.S. ARMY CORPS OF ENGINEERS WILMINGTON DIS'T'RICT RECEIVED 'd. : U903U729 County. Jackson Q(J 62 81001 Gl':NIERAI. PERMIT (REGIONAL ANI) NATIONWIDE,) VERIFICATION Property owner: North Carolina Department of Transportation Acici,-ess: Attn: C.R. Stylcs, District Engineer, Post Office Pox 250, Bryson City, NC 28713 :'e'c'No.: (828) 488-2131 on of project (water body, road name/numhcr, town, ot(;,): NC 281 approximately 13 miles south of Cullowli", unnatned tributaries of Tanasec Creek and Tuckmsegee River ?description of Activity: _xtenei six (6) culverts, and install one new culvert at station 346+15, associated with r:??'?z vvidening and paving. ,? ZCI<A1, CONDITION: All recommendations of the attached NC Wildlife Resources C^r iTnission letter of June 29, 2001, and as modified by memorandum dated July 30, 2001, 717e incorporated as special conditions of this permit. App'licable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). -Regional General Permit Number. 14 Nationwide Permit Number, Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is strict accordance with the attached conditions and your submitted plans. If your activity ?ectior 404 (if Section 404 block above is checked), before beginning work you must also a Section 401 water quality certification from the N.C. Division of Environmental Management, ;QIephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the cf the RGP or the NWP referenced above may subject the perinittee to a stop work order, a order, and/or appropriate legal action. ";pis Dcoa rtmeilt 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 permitter may Teed to co-itact appropriate State and local agencies before beginning work. .'-e:•c are any questions regarding this authorization or any of the conditions of the General hermit or :?atiunw'.cle Permit, please contact the Corps Regulatory Official specified below. bate AMgast 24, 2001 Corps Regulatory Official John W. Hendrix Telephone No. (828) 271-7980, x-7 -`:: Date of Verification February Il, 2002 SURVEY PLATS, FIELID SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST 131' ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. ? Aw• r•,?. 501 R + North Carolina Wdffe Resources Commission Charles R Fullwood, Executive Director June 29, 2001 Mr, Steve Lund U. S. Army Corps of Engineers Regulatory Branch 5'. Patton Avenue, Room 208 ASneville, North Carolina 28801-5006 SUBJECT: NCDOT Nationwide 404 Permit Application Pave NC281 - Unnamed Tributaries Tuckasegee and Tanasee Creek Jackson County, North Carolina Dear Mr. Lund: Mr. Greg Shuler of the North Carolina Department of Transportation is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to renew a 404 permit from the U. S. Army Corps of Engineers. Staff biologists have reviewed information provided by the ~.:'icant, anal an onsite investigation was conducted on May 8, 2001 to further assess potential cocas ~action impacts on wildlife and fisheries resources. These comments are provided in accordance with -Cns of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination -Ac? (48 Szzt. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to pave a section of NC 281 in Jackson County. The work will require the ,%Iension of six culverts in unnamed tributaries of the Tuckaseegee River and Tanasee Creek. At station s45.=.15 a new pipe will be bored and jacked a 36-inch steel in the dry and divert the stream into the new pine. The existing pipe will be plugged. The Tuckasegee River is classified as WS-I11 &B trout ORW and Tanasee Creek is classed as WS III trout HQW. Tanasee Creek is also designated by the NCWRC as wild trout water. The streams involved in this project are small and several of the streams are fragmented due to per.`.-ed culverts at the outlets. We are concerned about the potential impacts from this project on these high quality aquatic habitats. We can concur with the issuance of a permit provided the subject permit is conditioned as follows. 1. Adequate sedimentation and erosion control measures for High Quality Waters should be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Areas around stream crossings and adjacent to streams should be seeded by hand and mulched with erosion control matting instead of straw. 2. Culverts should be placed with the floor of the barrels approximately one foot below the level of the stream bottom to allow natural stream bottom materials to become established in the Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 . r -, n - -- 1 an - 1 W- t -'1../4 1 1 1 1- Pave NC 281 2 Jackson County, UT Tuckasegee River June 29, 2001 culvert following installation and will allow fish passage during periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. Perched culverts should be corrected. ? . Under no circumstances should rock, sand, or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners. 4. Excavation of the stream crossings should be conducted in the dry, if possible. Sandbags, cofferdams, flexible pipe, or other diversion structures should be used to minimize excavation in flowing water. 5. If concrete is used during culvert installation (headwalls), a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is toxic to fish and other organisms. Water that has contacted concrete should not be discharged to surface waters due to the potential for elevated pH. 6. Rock check dams at culvert outlets should be removed at project completion. These structures could impede upstream migration of aquatic life. 7. Work instream and within the 25-foot buffer is prohibited from October 15-April 15 to protect egg and fry stages of trout from the impacts of sedimentation. 8. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into streams. 9, Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and vegetation should be used for stabilization above the high water elevation. 10. Removal of vegetation at the stream crossing should be minimized. Native trees and shrubs (e.g., rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the road crossing. 11. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. 12. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited, Thank you for the opportunity to review and comment on this(project. Pending availability of field staff the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546. Sincerely, J ' Ow F. An rsc Mountain Region Coordinator Habitat Conservation Program Ju11 G7 VI 1( -lu r. uo cc: Mr. Greg Shuler, NCDOT Mr. Mark S. Davis, Division Environmental Officer, NCDOT Received Subject: Modification Request for NC 281 in Jackson County Date: Mon, 30 Jul 2001 12:06:39 -0400 From: "Owen F. Anderson" <andersof@brinet.com> J L, L 3 J 2 00, 1 Organization: NC Wildlife Res. Comm. To: "'Lund, Steve"' <steven.w.lund@usace.army.mil> CC: "'Davis, Mark"' <markdavis@dot.state.nc.us>, Q i v I S i o l-is : e "'Parker, Mike "'<mike.parker@ncmail.net> The NCDOT would like a variance on the trout moratorium for the Tanasee Creek culvert installation at station 346+15 on NC 281 in Jackson County. This culvert will have to be bored and jacked under the existing roadway. Due to Tanasee Creek and Tuckasegee River being classified and/or designated trout waters, we requested the permit be conditioned with a trout moratorium. The work for this culvert is scheduled for the winter months, probably November or December when the lake is down. The trout moratorium would obviously conflict with the draw-down period. Therefore, we can concur with a modification to carry out the work at this crossing during the lake draw down. The moratorium would remain in effect for the other stream crossings and buffer areas. Owen Anderson Mountain Region Coordinator Habitat Conservation Program 1 of 1 7/30/014:16 PM O Y G y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality August 13, 2001 Jackson County RECEI V ED DWQ Project No. 010659 TIP Project No. R-619C, NC 281 AEG 16100) APPROVAL of 401 Water Quality Certification with Additional Conditions [Modification] Mr. Greg Schuler, Design Construction Engineer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Schuler: You have our approval, in accordance with the attached conditions and those listed below, to relocate 15 linear feet of Tanasee Creek in order improve NC 281 in Jackson County. The project should be constructed in accordance with your application dated 17 April 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. The relocated stream section shall match the existing hydrology and sediment transport. 2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 3. A trout moratorium variance will be allowed for the Tanasee Creek culvert installation at Station 346+15 on NC 281 only. 4. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters as specified in 15A NCAC 2B .0225 and 15A NCAC 2H. 1007. 5. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control. 6. The culvert required for this project shall be installed in such a manner that the original stream t altered (i a the depth of h channel should not reduced by a widening of the 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), httpJ/h2o.enr.state.nc.us/ncwedands/ '11 streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. 7. All work shall be performed during low flow conditions. 8. All mechanized equipment operated near surface waters shall be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 9. The presence of equipment in the channels must be minimized. Under no circumstances shall 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. 10. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 11. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap shall be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 12. Rock silt screens at culvert outlets shall be removed at project completion. 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 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy Sincerely, P l ?d Nyaeq STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHEAL F. EASLEY GoVERNOR April 17, 2001 Mr. Rob Ridings 401 Wetlands Unit NC DWQ 1650 Mail Service Center Raleigh, NC, 27699-1650 Subject: Application fee TIP # R-619C, Jackson County, NC 281 Work Order Number: 6.961020 Dear Mr. Ridings: 01 0659 ?o Please find the enclosed check in the amount of $200.00 for the application fee for the subject project. I certainly appreciate your willingness to contact me in a timely manner, to save time in the permit process for this project. Please advise if I can be of further assistance. You can reach me at (828) 586-2141, or at gshuler@dot.state.nc.us. Respectfully, Greg Shuler Design Construction Engineer GSS cc: Mr. Joel Setzer, PE, Division Construction Engineer File LYNDO TIPPETT SECRETARY n a ? Division Design Construct Office Division Fourteen, Post Office Drawer 37, Sylva, NC 28779 Telephone (828) 586-2141 Fax (828) 586-4043 www.doh.dot.state.nc.us 010659 DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY,1650 MAIL SERVICES CENTER, RALEIGH, NC 27699. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: N.C. Department of Transportation -;:a -0 rTi 2. MAILING ADDRESS: P.O. Drawer 37 CD r? SUBDIVISION NAME N/A G r-n E CITY: Sylva STATE: NC ZIP CODE: 28779 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): NC 281 (1.58 miles), Jackson County 3. TELEPHONE NUMBER: (HOME) N/A (WORK) (828) 586-2141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Greg Shuler P.O. Drawer 37, Sviva NC 28779 (828) 586-2141 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Jackson - NEAREST TOWN: Lake Toxaway SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Take Hwy. 281 South from Cullowhee and proceed Wroximately-13.0 miles to the intersection on SR 1762 and NC 281. Turn rip-ht and cross the bridge to the beginning? of the project. 6. IMPACTED OR NEAREST STREAM/RIVER: Tanasee Creek and Tuckassegee River RIVER BASIN: Little Tennessee 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES X NO ? IF YES, EXPLAIN: Class IIIB, ORW, Trout (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? ip 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 11.37Acres (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : 0.07 TOTAL ACRES TO BE IMPACTED: 0.07 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: PIPE EXTENSIONS/ADDITIONS I1 FT STREAM RELOCATION - LENGTH BEFORE: 15 FT AFTER: 18 FT WIDTH BEFORE (based on normal high water contours): 11-22 FT AVERAGE DEPTH BEFORE: 0.2 FT AFTER: 0.2 FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) We DroDose to wade, drain, base, pave, and install erosion control measures for NC 281 . The proiect will involve extension of Six (6) existing culverts and placement of one new culvert (see attached culvert sheet). The total length of the pipe extensions/additions will be 11 linear feet (6 feet on unnamed tribhm to Tanasee Lake and 5 feet on an unnamed tributary to the Tuckaseegee River. Culverts will not impede fish movements. The DroDosed Droiect will also involve the relocation of approximately 20 linear feet of an unnamed tributary to Tanasee Lake (see attached channel relocation sheet). At this site we propose to bore and jack 103 linear feet of 36' steel pipe under NC 281 within 15 feet of the existing pipe. This will be completed in d a conditions When this work is completed the existing channel will be rerouted into the new pipe and the existing pipe will be plugged. Mechanical eauipment will include _excavator, backhoe, graders, trucks, and paving machinery, as well as boring and jacking equipment. 13. PURPOSE OF PROPOSED WORK: To provide a safe paved road for the traveling public. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) To upgrade/replace drainage facilities to meet current DOT standards. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL ip" HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICE (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 2/22/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES X NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES E] NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY I C NSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT <3pGXn, I ? - ?c> [ 6? 414 O (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). I1 \ 1.?\? \C•',\?''1 1 ( ? fit, v `??z -.?_ ?(._, •.\``?t?.?l ? ?">;? `z ?;1?? . .r. \?? !?? i\ \\? ?•:1?`, I rl •_ + ?? 1A O`. --.?\v .?.?,??L_?J.1???\\.-.v? lid. ?\??? _ 16 N:: `ER" ? J 11 ------------ - a. ?? ? ^?.... JJ -.\, Trit`? '' ,Knob I BEGIN PROJECT \ ?- bridge ?\\?_ ! . J ~' -•\ ti IV/ :kjl =n`eat` 'NN n, c 1\0n. \Pa. 7N NN, ??, ? 1 ?; ,a815 li ? END PROJECT f '•?- ?? r? /'?. 'e° ??\ `; ? \ '?•?ovc's Briog_= ``=?' '? : l? ? -%r:? (; ? C7Alf't?Gl :??;'eo - h \fL\t? ilk s A°° A111 < O V .?e? 890.5.E f sour t 0 1 2 3 s Wa Jt00 ,? ? ' ?V&Elr? NORTH CAROLINA DEPARTNIENT OFTRANSPORTATION DIVISION OF HIGHWAYS PLANNING A:ND ENVIRONMENTAL 4°sw`P` BRANCH NC 281 FROM SR 1762 TO SR 1140 IN JACKSON COUNTY STATE PROJECT NO. 6961020 T.I.P. NO. R-0619C SCALE 1:2400 FIGURE 1 J` l I I wnf'2r a.. 43 M --? -? 0 ©© - 74 a tllets IOD• ` -0 Sy Iva + lG?+ia CF t GreM , • Webster , - - - 1 Creek , tu* C.u 411orhee 4 Gay to East Lacort ?" J A CS '70 Tuckasege _ -•\ l 281 r TAe"n4 o H om FOREST .Tharp Glenville ak4 6 \ to X 64 t S?shiers L High Sa Hampton 81 '`?nOS 6 Fdh Ibas Craaw Ch. \ wepm Ad 11-4 G.. I S : 280 9 b d " FOR &0d •s „tin 215 + Brevar + Li ,Forest Lit TRANSY, IA _ Cherryf ief 1 1 - sa 1 '31 1 alt r? 'Rosman 216 It lid Cedar Mountain) - ozara" 0•} I TR?°cana Jr Ire R EV. 6.010 - \ - `1 u IZ. geaet?t ? \ Tom/// 45 i 15 can /- ,' 1 ?, 8) (? 0 t? ?' 1 ( i7 -•.YSu?, N A T 1 O N A L \ RCCKY •\ n46 '.t --. ^ee` I t KNOB \ Q RICH MTN, ?-•t? •\ 1 1 `? -ELEV. 900 K ?Y 1747 Gf,?• ? ' ?; ?' ! t ) t, A07fN 171_5 ' t?4?'' •z tlu Rtcc.. •I '4EAO Ch. Am A i ' i ?• . pIVEA 1)G ! •;?1 tea ? ?. % / •. ? `i ?7!2 J• Sdis Cr.s" ` •? ^ I ?s"iOf'd 0 1171 :. - .him a I Ch. 231) idt ' i T? ??oes ?• IL 7 17L9 Y e I + r 1?• 016y • p .?. 179 ". 1179 . 1 t33 \\, _ CE wor Cnff ?i 04R CLIFF C ?:. t CR / MTN. ( i I ,? 1 SJ . : ,. /• .2 _2 s a,9 1 \/ don n?1 y ,137 `-?" CT'(?. \ ` 8 i' ¢ .. ` „oc• \ ,T.. •.. ? e ?? .? ? c ? qy X07. ?. •. ,'3to ?`. CLIFFS na1 a' n36 i•.; - ff fq 1 O'+otlw t. ` t .. .v.3.427 . 11 CEDAR CUFF' LAKE lra ?6:71 BEAR CREEx rv? -? T F O R E S T I_ BEGIN PROJECT `^ .hMfh• / ?? i I E:_ CONEY MTN. \ ?."7 ` . \ 26G \/) • ! 2g 2 . H 22 \ - ELEV. 4.400 FFtf BIG KNOB END PROJEC -a C T 11291 ELEv. a.6oo 4 /• °?> `ii 1'+,'1.` ?.•?C TURKS' ,•.%-i fv" / 1. i .3 t191 KNOB ` a T jr, P. OT MTN. \ 1129 ?• / J / _ 1 JACKSON COUNTY ' _ _ - TRANSYLVANIA COUNTY 2?3 • 4 .y 1129 ? T COLD MTN, - _ ,FT 1IS9 1130' Big RIdOO /.. \ 1A KS Ch. 1127 \-. \ BLACKROCK MTN,± ?• 1j r q'J'Fq 3 1 ELEV. 4,500 1120 1126 7 el(/F 1173 I 21 - SCALE 1 0 1 2 8 4 AY18 NORTH CAROLINA DEPART.NIENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL ^-••s BRANCH NC 281 FROM SR 1762 TO SR 1140 IN JACKSON COUNTY STATE PROJECT NO. 6961020 T.I.P. NO. R-0619C SCALE 1:2400 FIGURE 2 4P A Proposed Culvert Extensions and Additions on Surface Waters TIP # R-619C NC 281 Jackson County, NC Unnamed tributary to Tanasee Lake Survey Station Existing Culvert (ft) Proposed Culvert (ft) Extension(ft) 346+10 103 103 0 359+34 46 40 -6 365+25 33 45 12 Total Extensions 6 ft Unnamed tributaries to Tuckasegee River Survey Station Existing Culvert (ft) Proposed Culvert (ft) Extension (ft) 392+00 36 35 -1 398+70 35 41 6 405+90 41 41 0 Total Extensions 5 ft Proiect Total Extensions lift 010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no practical altemative exists. BUA must be minimized, stormwater diverted, and DOT BMP document followed. 010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized, stormwater diverted, and DOT BMP document followed. 010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design shows no structural benefit to the applicant and impacts to troutwaters. Proiects Reviewed. No Comments. Not in WS: 010570 - Town of Winfall, Perquimans Co. 010501- Winston Salem, Forsyth Co. 010503 - DOT, Yancey Co. 010506 - WI Schottenstein Homes, Orange Co. 010540 - AG Industries, Rutherford CO. 010576 - Wetland and Natural Resource COnsultants, Catawba Co. 010551 - NRCS, Halifax CO. John & Cyndi: Some of these might have already gone through, but here are my comments: Proiects with Comments: 010235 (DOT, Alexander Co.) -the project is in WS-II. DOT must follow their document "BMPs for the Protection of Surface Waters" 000894 (DOT, Lincoln Co.) -the project is in WS-II. DOT must follow their document "BMPs for the Protection of Surface Waters" ?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the project is in WS-III. If this road is a private road, then it will need to go through the variance process with Jackson Co. Planning Dept If it is a public road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters." 010471 (Jackie Speight, Moore Co.) - the project is within WS-II HQW. The Foxfire Village Planning Dept must review for variance process if it's a private rd. 010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake Benson balance of watershed. If this road is a private road, then it will need to go through the variance process with the Gamer Planning Dept If it is a public road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters." 010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert stormwater away from surface waters, and follow their document "BMPs for the Protection of Surface Waters." 010474 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it will need to go through the variance process with the Youngsville Planning Dept. If it is a public road, road crossings are allowed if no practical altemative exists. Plus BUA must be minimized, stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters." 010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with Durham Planning Dept. 010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or Greenville Planning Dept 010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with Durham Planning Dept. If applies, the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs used. 010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local WSWP program may be more protective. Consult with local Planning Dept. Also, do Catawba Temp Rules apply? 010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a public project crossing is allowed if no practical alternative exists. BUA must be minimized, stormwater diverted, and DOT BMP document followed. 010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr and maybe even WS-IV. MEMORANDUM TO: John Dorney Regional Contact: Michael R. Parker Non-Discharge Branch WQ Supervisor: Fsrrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NCDOT - NC 281 R-619C County Jackson Project Number 01 0659 Recvd From DOT Received Date 4/27101 Recvd By Region Project Type road crossing 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 F 14 ? O Y Q N 2-79-6 WSIII TRORW 40,402. F- F__ 15.00 F- Mitigation Wetland MitigationType Type Acres Feet s Is Wetland Rating Sheet Attached? O Y (ON 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 # N Recommendation: 0 Issue O Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 351254 Longitude (ddmmss) 825913 - Comments: 15 FEET OF EXISTING STREAM WILL BE DIVERTED TO NEW LVERT. ALL OTHER STREAM CROSSINGS INVOLVE REPLACEMENT CULVERTS WITH NO EXTENSION. GABIONS TO BE PLACED IN FILL SLOPE ADJACENT TO LAKE. HIGH QUALITY WATERS EROSION CONTROL GUIDELINES SHOULD BE USED IT IS QRW. STORMWATER SHOULD BE DIRECTED TO BUFFER AREAS AND DETENTION PONDS. NO CONCRETE SHOULD BE ALLOWED TO ENTER STREAMS. MOWING OF BUFFERS IS STRONGLY DISCOURAGED. NO WORK SHOULD BE CONDUCTED DURING TROUT SPAWNING SEASON. CULVERTS CARRYING STREAMS SHOULD BE INSTALLED IN SUCH A MANNER THAT THE ORGINAL STREAM PROFILE IS NOT ALTERED. cc: Regional Office Central Office Page Number 1 Facility Name NCDOT - NC 281 R-619C County Jackson Project Number 01 0659 Regional Contact: Michael R. Parker Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2