20021422 Ver 1_Complete File_20020901

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DWQ Project No.: Oc4lll0?bl County:
Applicant: NCDOT
Project Name: ,q- 611?
Date of Issuance of 401 Water Quality Certification:
- e2 n 7 t _ 5'--
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 intejg. of the 401 . Water. Quality Certification and Buffer Rules, the approved plans and
specifications, t u m materials.
smatnre Date: 1 C) - ?i- C)
A
1, ; hereby state that, to the best of my.abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: 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 Registration No. Date:

Alan W. Klimek, P.E. Director
Division of Water Quality
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/
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O R Michael F. Easley, Governor
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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
May 21, 2004
Jackson County
DWQ Project Nos. 010659 and 021422
NC Highway 281
TIP Project Nos. R-619C and R-619D
MODIFICATION to APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. R. G. Watson, P.E.
Division Engineer
N C Department of Transportation
Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Watson:
You have our approval, in accordance with the attached conditions and those listed below, to incur the following
impacts in order to improve NC Highway 281 in Jackson County.
195 linear feet of additional stream impacts (195 feet of new pipe) consisting of 40 linear feet to two (2)
unnamed tributaries to Tanasee Lake, 60 linear feet to three (3) unnamed tributaries to the Tuckasegee
River and 95 linear feet to five (5) unnamed tributaries to Bracken Creek;
Stream impacts of 12 linear feet of pipe to an unnamed tributary to Tanasee Lake and 30 linear feet of
unnamed tributaries to the Tuckasegee River, previously authorized, in Water Quality Certification No.
010659, dated June 19, 2003;
Stream impacts of 147 linear feet of pipe to nine (9) unnamed tributaries to Bracken Creek, previously
authorized, in Water Quality Certification No. 021422, dated October 8, 2002.
The project must be constructed in accordance with the original applications dated June 2, 2003 and June 18, 2003
for DWQ Project 010659 and August 28, 2002 for DWQ Project 021422, and the new application dated May 11,
2004, (received May 12,. 2004), including the environmental commitments made in the application letter. 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 must
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification. All the authorized
activities and conditions of certification associated with the original Water Quality Certification dated June 2, 2003
and all other corresponding modifications still apply except where superceded by this certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and submit a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for
complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if
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.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service

4 OAA Lnn r A0
1. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes, or
rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Quality has released the project.
4. Bracken Creek and its tributaries are classified WS-III Outstanding Resource Waters and the Tuckasegee
River and its tributaries are classified as WS-III-B trout Outstanding Resource Waters.
5. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT August 2003)
and Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B.0124(a)-(e].
6. NCDOT shall comply with any conditions or moratoriums requested by the NC Wildlife Resources
Commission.
7. NCDOT shall provide aquatic life passage by burying the pipes at the recommended depths except at the
following locations where the pipe outlets are on steep slopes and/or bedrock my be encountered: Section C
at Stations 359+31; 356+22; 392+03 and Section D at Stations 461+50; 466+50; 468+75 and 479+50.
8. NCDOT must submit a plan for written DWQ approval to address any headcutting that may occur as a result
of this project. No streams shall be altered or relocated without written authorization from the DWQ. No
construction activities resulting in the relocation of any stream shall occur on this project until the appropriate
plans are submitted to, and approved by, the NCDWQ.
9. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout
spawning season of October 1 through April IS, or other conditions as determined by the N.C. Wildlife
Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction.
10. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.

11. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the
site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing
of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
12 Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of
their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at
least 12 inches below the stream bottom to allow natural stream bottom material to become established in the
culvert following installation and to provide aquatic life passage during periods of low flow. This may
require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes
are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is
topographically unfeasible.
13. Removal of vegetation at the stream crossing and adjacent to streams 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 and along the streams within dedicated rights of way.
14. 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.
15. Heavy equipment must be operated from the banks rather thari?in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
16. 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.
17. Excavation of the stream crossings and relocations 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.
18. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters.
19. 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. Instream dredging has catastrophic effects on aquatic life and disturbance
of the natural form of the stream channel will likely cause downstream erosion problems, possible affecting
other landowners.
20. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of
aquatic life.
21. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone
except for permitted areas associated with culvert conditions.
22. All work shall be performed during low flow conditions (below bankfull).
23. 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.
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is strictly prohibited.

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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
S' ely,
?G
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, U S Army Corps of Engineers
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Wetlands/401 Unit
Mike Parker, NCDWQ Asheville Regional Office

QG
It
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 25, 2003
Jackson County
DWQ Project No. 021422
NC 281 from SR 1140 to Transylvania Co. Line
TIP Project No. R-619D
Modification to APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. G.S. Schuler, Design Construction Engineer
Division Design Construct Office
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
Dear Mr. Schuler:
You have our approval, in accordance with the attached conditions and those listed below, to incur 147
linear feet of impacts to nine unnamed tributaries of Braken Creek in order to improve NC 281 from SR
1140 to the Transylvania County line in Jackson County. The project should be constructed in
accordance with your application dated August 28, 2002 (received September 1, 2002). After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification No.
3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,
you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise
specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us in writing, and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, or if stream impacts 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. Braken Creek and its tributaries are classified as WS-III Outstanding Resource Waters. NCDOT shall
use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 413 .0124 (a)-
(d). These measures must be implemented prior to any ground-disturbing activities to minimize
impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be
planted on all bare soil within S days of ground-disturbing activities to provide long term erosion
control
2. NCDOT shall comply with the requirements for WS-III [15A NCAC 213 .0215(3)(b)] and
Outstanding Resource Waters [15A NCAC 213 .0225(c)] with regard to riparian buffer requirements
and stormwater controls.
3. Stormwater shall be diverted through grass-lined ditches, vegetated buffers or directed to a
stormwater collection device prior to entering streams. Mowing of existing vegetated buffers is
strongly discouraged, so that they may be utilized for storm water sheet flow.
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), hftp://h2o.enr.state.nc.us/ncwetlands/
4. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
5. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization
and to minimize the use of rip rap. Rip rap shall not be placed in the stream bottom..
6. The dimension, pattern, and profile of the stream and floodplain above and below each structure shall
not be modified by widening the stream channel or reducing the depth of the stream.
7. NCDOT shall provide for aquatic life passage by burying the pipes at the recommended depths except
at the following locations where the pipe outlets are on steep slopes and bedrock was encountered:
• Sta. 466+50
• Sta. 468+75
• Sta. 479+50
8. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a
result of this project.
9. Previously disturbed floodplains and stream channels should be restored to their natural geomorphic
conditions whenever practicable.
10. All work shall be performed during low flow conditions.
11. 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.
12. 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.
13. Upon completion of. the project, the NCDOT or its authorized agent shall complete and
return the enclosed Certificate of Completion" form to notify NCDWQ when all work
included in the §401 Certification has been completed. This will satisfy the requirements
of Condition 16 in WQC #3375.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr.
Mike Parker of the Asheville Regional Office at 828.251.6208.
Attachment
Pc:
Wilmington District Corps of Engineers
John Hendrix, USACE Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
Sincerely, -
O?O? W AT ?RQG
P.
October 8, 2002
Jackson County
DWQ Project No. 021422
NC 281 from SR 1140 to Transylvania Co. Line
TIP Project No. R-619D
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. G.S. Schuler, Design Construction Engineer
Division Design Construct Office
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
Dear Mr. Schuler:
You have our approval, in accordance with the attached conditions and those listed below, to incur 147
linear feet of impacts to nine unnamed tributaries of Braken Creek in order to improve NC 281 from SR
1140 to the Transylvania County line in Jackson County. The project should be constructed in
accordance with your application dated August 28, 2002 (received September 1, 2002). After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification No.
3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,
you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise
specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us in writing, and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, or if stream impacts 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. Braken Creek and its tributaries are classified as WS-III Outstanding Resource Waters. NCDOT shall
use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-
(d). These measures must be implemented prior to any ground-disturbing activities to minimize
impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be
planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion
control.
2. NCDOT shall comply with the requirements for WS-III [15A NCAC 2B .0215(3)(b)] and
Outstanding Resource Waters [15A NCAC 2B .0225(c)] with regard to riparian buffer requirements
and stormwater controls.
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
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/
3. Stormwater shall be diverted through grass-lined ditches, vegetated buffers or directed to a
stormwater collection device prior to entering streams. Mowing of existing vegetated buffers is
strongly discouraged, so that they may be utilized for storm water sheet flow.
4. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
5. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization
and to minimize the use of rip rap. Rip rap shall not be placed in the stream bottom.
6. The dimension, pattern, and profile of the stream and floodplain above and below each structure shall
not be modified by widening the stream channel or reducing the depth of the stream.
7. NCDOT shall provide for aquatic life passage by burying the pipes at the recommended depths except
at Sta. 468+75 and Sta. 479+50 where the pipe outlets are on steep slopes and bedrock was
encountered.
8. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a
result of this project.
9. Previously disturbed floodplains and stream channels should be restored to their natural geomorphic
conditions whenever practicable.
10. All work shall be performed during low flow conditions.
11. 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.
12. 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.
13. Upon completion of the project, the NCDOT or its authorized agent shall complete and
return the enclosed "Certificate of Completion" form to notify NCDWQ when all work
included in the §401 Certification has been completed. This will satisfy the requirements
of Condition 16 in WQC #3375.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the CleanWater
Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 91 .733.5715 or Mr.
Mike Parker of the Asheville Regional Office at 828.251.6208.
Sincerely,
Alan W. Klimek, P.E.
Attachment
Pc: Wilmington District Corps of Engineers
John Hendrix, USACE Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
?File'Copy
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT NC 281 R-619D
Project Number 02 1422
Recvd From DOT FILE COPY
Received Date 9/1/02 Recvd By Region
Project Type
County JACKSON
County2"
Region Asheville
Certificates Stream
Permit 'Wetland Wetland Wetland Stream Class Acres
Type Type Impact Score Index Prim. supp. Basin Req.
nr
Stream Impacts (ft.)
Feet
Req.
14 F O YO N F__ 779-5 WSIII ORW 40,402. F__ F- 147.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y 0 N Did you request more info? O Y OQ N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y (0 N
Provided by Region: Latitude (ddmmss) 351151
Recommendation: O Issue * Issue/COnd O Deny
Longitude (ddmmss) 825855
Comments:
DOT proposes to upgrade and pave Section D on North Carolina Highway 281 in Jackson County.
There are nine stream crossings to be upgraded all unnamed tributaries to Bracken Greek, class
WSIII-011W. Most of the crossings are on ground that the pipes can be buried: however, at stations
458+75 and 479+50 the outlest are on very steep slopes and down to bed rock.
Recommend issuance of WO Cerification No. 3375 noting the requirements for sediment and
erosion control for HO waters and stormwater should be routed to basins or other areas and not
directly to the streams.
cc: Regional Office
Central Office Page Number 1
s Triage Check List
FIL E COP
?f
Date: a? P oject Name: K)C'OCT T"-- fJc--Z8t Oq O
DWQ#: 2-1147;L
` y r L, County. cl
?: .
TO: ARO Mike Parke' El WaRO. Deborah Sawyer
? FRO ritte ? WiRO Joanne Steenhuis
? MRO Mike Parker ? WSRO Jennifer Frye
? RRO Steve Mitchell
"
-733 From: C Telephone : (919) 333 - I W
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues.
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: 77> O' -Q ?
T? Ct?.f?aS ??,s'?'wa i-? c.?cfic?w•owc.dc?? ,,? ?
"54?
4
R
M. STATE
02 422
IVY TPrr N?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHEAL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
253 Webster Road
Sylva, NC 28779
August 27, 2002
Jackson County SEP
U
R-619D
f
NC 281
State Project No. 6.961024, ( DWQ Minor Permit Fee, $475.00) O?tfTYECP m
Mr. John Hendrix
U.S. Army Corps of Engineers
151 Patton Ave., Room 208
Asheville, NC 28801-2714
Dear Mr. Hendrix:
The North Carolina Department of Transportation (NCDOT) is proposing to
upgrade a section of NC 281 from. SR 1 140 to the Transylvania County line (1.40 mi.), in
Jackson County. This primary route is one of the few remaining unpaved primary routes
in- the state. and is a county thoroughfare. The paving of this route will result in a safer
and more cost efficient facility, due to the constant maintenance required to keep the road
in a satisfactory condition. There are various urtilamed tributaries to Bracken Creek that
intersect the existing road. The existing roadbed will be utilized at most locations.
The best management practices will be used to minimize and control
sedimentation and erosion on this project. The construction foreman will review all
erosion control measures daily to ensure sedimentation and erosion controls are being
effectively controlled. The silt fences and other erosion control devices will be in place
prior to pipe construction and will remain in place until the project is stabilized.
Division Design Construct Office
Division fourteen, 253 Webster Road. Svlva. NC 28779
Telephone. [phone] fax [phone]
%vw%v. doh. dot. statc. nc. us
,?ti

Impacts to Waters of the United States
In order to construct this project in accordance with our current road standards, we are
submitting this permit application for the replacement/extension of nine (9) pipes in several
unnamed tributaries to Bracken Creek (DEM WS III, ORW) totaling 147 linear feet of impact. In
addition, a typical section of the road, standards on erosion control measures, and a marked
County Map are enclosed. Natural substrate will be left on the bottom of the channel to minimize
impact to Wildlife habitat and allow the existing stream gradients to remain as unchanged as
physically possible.
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Len-th of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
I Drainage pipe 25 UT to Braken Creek 2' Perennial
2 Drainage pipe 10 UT to Braken Creek .5' Perennial
3 Drainage pipe 25 UT to Braken Creek 2.5' Perennial
4 Drainage pipe 25 UT to Braken Creek .5' Perennial
5 Drainage pipe 0 UT to Braken Creek 3.5' Perennial
6a Drainage pipe 15 UT to Braken Creek .5' Perennial
6b Bank 22 UT to Braken Creek .5' Perennial
7 Drainage pipe 15 UT to Braken Creek .5' Perennial
8 Drainage pipe 0 UT to Braken Creek 3' Perennial
9 Drainage pipe 10 UT to Braken Creek 5' Perennial
Permits Requested
NCDOT is requesting authorization tinder NWP 14 and Section 404 of the Clean Water Act to
conduct the described work for completion of this project. By copy of this letter I am asking Mr.
Owen Anderson, Mountain Regional Coordinator, of the NCWRC to comment directly to yogi
concerning the 404 Nationwide permit request.
Also by copy of this letter, I am requesting authorization to proceed under Section 401 of
the Clear Water Act from DENR, Division of Water Quality. In addition, I am asking Mr.
Anderson and Mr. Ed Ingle, Area Roadside Environmental Engineer (NCDOT), and Mr. Richard
Phillips (DENR), to commend directly to me concerning this permit request.

We would like to begin construction as soon as right of way has been acquired. If further
information is required, please contact me at [phone]. Your early review and
consideration will be (??L
G.S. Shuler
Design Construction Engineer
gss
atta.
cc: Mr. Richard Phillips, P. E., Land Quality Section. DENR
Mr. R.G. Watson. P. E., Division Engineer
Mr. E. L. Ingle, Area Roadside Environmental Engineer
Mr. John Dorney, Water Quality Certification Unit, DENR, (7 copies)
Mr. Owen Anderson, Mountain Regional Coordinator, NCWRC
Mr. Rick Styles, P.E., Resident Engineer
Mr. Mark Davis. Division Environmental Officer

Office Use Only: Form Version October 2001
USACI Action ID No. DWQ No. 0 214 2 2
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: ?
if. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation, Attn: Grey, Smiler
Mailing Address: 253 Webster Road
Sylva, NC 28779
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: 1;shuler 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:
E-mail Address:
Fax Number:
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: NC 281
2. T.I.P. Project Number or State Project Number (NCDOT Only): TIP # R-6190
I Property Identification Number (Tax PIN):
4. Location
County: Jackson Nearest Town: Cullowhee
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take NC 107 South from
Cullowhee to the intersection with NC 281 South. Turn left on NC 281 South. Go
approximately 14.7 Miles to the intersection of SR 1140, which will be on the right. This is
the beginning of the project. The project continues to the Transylvania County line.
5. Site coordinates. if available (UTM or Lat/Long): N 66,064.467 E 101,790.841
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential, woodland
7. Property size (acres): N/A
8. Nearest body of water (stream/river/sound/ocean/lake): Braken Creek. Tuckasegee River
9. River Basin: Little Tennessee
(Note - this must.be one of North Carolina's seventeen designated major river basins. The -
River Basin map is available at ihttp://h2o.enr.state.ne.ius/admin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: This project was initiated for the safety of the
traveling public. This is one of the last unpaved primary routes in North Carolina. The
community will be better served with a paved road with improved horizontal and vertical
alignment.
11. List the type of equipment to be used to construct the project: Bulldozers, excavators,
Rollers, dumptrucks, pavers, backhoes, motor graders, service trucks.
12. Describe the land use in the vicinity of this project: Light Residential, Light recreational.
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.
Permits were applied for and approved for R-619C. USACE Action No. 200030729. 8/24/01
DWQ Project # 010659, 8/13/01
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-619E. NC 281 in Transylvania County. When funding is available
VI. Proposed Impacts to Waters of the United States/Waters of the- State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 or3
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage. etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year tloodplains 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 httpJi+vw+v.lcma.s ov.
** List a wetland type that best describes wetland to be impacted (c.o., freshwater/saltwater marsh, lorested 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?
(please secif )
I Drainage pipe 25 UT to Braken Creek 2' Perennial
2 Drainage pipe 10 UT to Braken Creek .5' Perennial
3 Drainage pipe 25 UT to Braken Creek 2.5' Perennial
d Drainage pipe 25 UT to Braken Creek .5' Perennial
5 Drainage pipe 0 UT to Braken Creek 3.5' Perennial
6a Drainage pipe 15 UT to Braken Creek .5' Perennial
6b Bank
Stabilization 22 UT to Braken Creek .5' Perennial
7 Drainage pipe 15 UT to Braken Creek .5' Perennial
8 Drainage pipe 0 UT to Braken Creek 3' Perennial
9 Drainage pipe 10 UT to Braken Creek 5' Perennial
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding). relocation (include linear feet before and after. and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w+vw.us. s.r;?ov. Several internet sites also allow direct download and printing of USGS maps (e.g.. w-%vw.topozone.com,
\vww.mapqucst.com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 147
Page 4 of 8

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any.
other Water of the U.S.
Open Water Impact
Site Number

(indicate on map)
Type of Impact* Area of
Impact

(acres)

Name of Waterbody
(if applicable) Type of Waterbody

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

L. A Chen nnpaCL separmciv ana wcnnry temporary impacts. unpacts include, but are not limited to: till, 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.
The project was designed to minimize impact to the waters of Braken Creek as much as possible
and still meet project objectives.
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
Page 5 of 8

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 Tecluiical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.ne.us/newetlands/strm!4ide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2: Miti-ation 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 lute:/;h2o.enr.state.nc.us/tivrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 6 of8
41
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public fiords or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to detennine, 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 213 .0233
(Neuse). 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
I 3
2 1.5
Total
tone I extends out su teet perpendicular trom near bank of channel; Gone 2 extends an
additional 20 feet from the edge of lone I.
Page 7 of 8

If buffer mitigation is required, please discuss what type of mitigation is proposed 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 existing compacted gravel roadway acts as an impervious surface Paving of the roadway
should eliminate sedimentation from fines associated with travel 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 enterin! 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.
XII1. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant nay
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g.; draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8 .
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WETLANDS 1401 GROUP
MAY 1 9 2004
WATER QUALITY SECTION
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
May 11, 2004
Mr. Steve Lund, NCDOT Regulatory Project Manager
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: 404 and 401 Permit Modification Request
NC 281C&D
USACOE Action ID Nos. 200330858 (C) and 200231331 (D)
DWQ Project Nos. 010659 (C) and 021422 (D)
Jackson County, North Carolina
State Project No. 34351.3.8 (C) and 34351.3.13 (D)
(DWQ Major Permit Fee $475 .00)
Dear Mr. Lund:
WETLANDS / 401 GROUP
MAY 1 9 2004
WATER QUALITY SECTION
The North Carolina Department of Transportation (NCDOT) is currently constructing the
subject project. We were issued Nationwide Permits for both projects which consisted of 5
culvert replacements/extensions on the C section totaling 42 linear feet and 9 culvert
replacements/extensions on the D section totaling 147 linear feet, respectively. However, due to
the steepness of the surrounding terrain, sandy soil conditions, and availability of waste rock,
NCDOT constructed the fill slopes out of stacked rock, which resulted in steeper, but more stable
fill slopes. As a result, the cross pipes at Sites 2, 3, 4, 5, and 6 (Section C) will need to be
extended an additional 15 to 25 feet in order to clear the fill slope. This will increase the total
stream impacts along Section C by 100 linear feet. Along Section D, the cross pipes at Sites 1, 2,
5, 6a, and 7 will need to be extended an additional 15 to 20 feet. This will increase the total
stream impacts by 95 linear feet. Additional stream impacts for both the C and D section of NC
281 will be 195 linear feet (see attached stream impact table). Culvert outlets will be perched at
sites C - 2, 3, 4 and D - 6a, 7.
I have enclosed copies of the 404/401 permits, the appropriate revised sections to the
PCN application ( 2. Stream Impact Table), a typical cross section of the rock fill slopes, and -?
revised cross sectional drawings of the permit sites. NCDOT is hereby requesting authorization'--:
Section 404 of the Clean Water Act to proceed with this project. By copy of this letter, I r
am asking Mr. Dave McHenry of the North Carolina Wildlife Resources Commission to
comment directly to the Corps concerning the 404 Nationwide Permit Modification Request.

SIC 281 R-619 CD Page 2 May 11, 2004
Permit Modification
Also by copy of this letter, I am requesting authorization to proceed under Section 401 of
the Clean Water Act from the Division of Water Quality. In addition, I am asking Mr. McHenry
and Mr. Ed Ingle, Area Roadside Environmental Operations Engineer, to comment directly to me
concerning this permit request.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or need additional information, please contact me at [phone].
Sincerely,
Mark S. Davis
Division Environmental Officer
Enclosures
cc: Mr. R. G. Watson, P.E., Division Engineer, NCDOT
Mr. Keith Brazell, Resident Engineer, NCDOT
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. Dave McHenry, Mountain Region Coordinator, NCWRC
Mr. John Dorney, DWQ, DENR (seven copies)
Mr. Mike Parker, DWQ, DENR
4.
Permit Modification R-619 CD - NC 281- Jackson County
(Additional Stream Impacts)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Section C-Site 2
I Culvert 25 UT - Tanasee Lake I 1 P
Sta 359+31 Extension
Section C-Site 3 Culvert
15
UT - Tanasee Lake
1 P
Sta 365+22 Extension
Section C-Site 4 Culvert
25
_Tuckasegee River
1
P
Sta 392+03 Extension
Section C- Site 5 Culvert IS UT - Tuckasegee River I 2 P
Sta 398+70 Extension
Section C - Site 6 Culvert 20 UT - Tuckasegee River I I P
Sta 405+88 Extension
Section D - Site 1 Culvert
I 20 UT - Bracken Creek i 1 P
Sta 420-=50 Extension
Section D - Site 2 Culvert
I 20 UT - Bracken Creek I 1 P
Sta 431-75 Extension
Section D - Site 5 Culvert
(
I 15
UT - Bracken Creek
1 P
Sta 446-50 Extension

Section D - Site 6 I
Culvert
20
UT - Bracken Creek
1
P
Sta 461-00 Extension
Section D - Site 7 Culvert 20 UT - Bracken Creek I 1 P
Sta 466-50 Extension

not i......?.t . rl. •arrc art accnriafP(j nn-ran-
* List each impact separately and identity temporary impacts. impacts mciuue, out are not -_ -- - - -- - - •
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/2ain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name. list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.manquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 195' additional impacts
Page 5 of 10
4.
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PROP. 4s'.
24' CSP
8x4x2 8x4x2 8X4x2 8x4x2 ,- - 8x-4x2- -8x4,2
-8x4x2
- - - ? ? 84x2
8x4x2
EX!5^. 45'.
i?
SITE ?3 e - - -
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- 4
8x4x2
8x4x2
8x4x2 8x4x2 8x4x2
8x4x2 8x4x2 .
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47 G SIT E #4
39203

8x4x2 8x4x2 8x4x2
8x4x2
EXIST-35F ?-? 8x4x2
o ?-
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30,7-'
51?- ----

SITE #5
398f70
8x4x2
&4x2-- -
EXIST,
- - - - - - - - 24' CSP INSi ALL 50' `-
---------------I___ '-
-? n 1 1-I III , ; - -

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405 f88
sxrsr.4? ??
8x4x2 24' CSP
C - - - - _ 8x4x_2 _
PROP. 4_'
24'O.P
- - - - - - - - - - ' - - - - - -- - - - - - - - - - -
- - -
PROJECT TM 6.961024
TIP " R 619-D
JACKSON CO.
NC 281
SITE #1

STATION
'120 -f 50 NrC-? ?
SITE ml
A17v•?iv??AG 20 or 24?u??
1.5:1
- - - - - - - - = Remove 35' of 24" CMP
Replace with 60' of 24" CMP
PROJECT 4 6.961024 433+5
TIP # R 619-D -L
JACKSON CO.
NC 281
SITE 2 Remove 35' o/
EX.24" CMP
LV 0----
?' 1
I
I ?
r ?-
,z i
IdpPi
p''Nt
.2
430?a3
/jJ; rp 45,
4c Arcn CMP
S TA IION ?3l / 75 /V,Eo
SITE #2 g00,r,(v,y4L. 20'or ?6?36
A1?nL1 c'N!J
TIE TO
Ex. SLOPE
3315.02'

GRADE TO
DRAIN
4
Remove 35' of 24" CUP
= Replace with 45' of 46"x 36" Arch CUP
PROJECT # 6.961024
TIP # R 619-D a
JACKSON CO. -%
?G1 k00 00
-L' , M
NC 281
SITE #5
Remove 50' of
EX.48" CUP
Q) a
Q5
c0150
x'"50 c0
-L' G ? I T
G
GRAIL
_ Prc? w ??
77" ,J 52u d„rC1? CIV/ P
4.
S T AT/0N 1z6 % 50 ?v?v 6s'
SITE #5 1 DD.T1oit/<7L is-'oF 775-2
3326.29' _ _ _ _ _ _ _ _ _ _ _ _ _ _
Remove 50' of 48" CUP
Replace with 50' of 77" x 52" Arch CUP
PROJECT ? 6.961024
TIP ? R 619-D
JACKSON CO.
NC 281
SITE ?6c
SITE m6b

-?- a60 ? 0 00
E

.00.00

Nct-? ?c? i
yz?v ?Tio.?lq? ,Zo ? O<' 36 ?e??
STATION 461 %50
SITE •6a
Due to terroi n the
proposed pipe will
be perched
SITE
Remove 50' of Ex 361, CUP
60 = Replace with 65' of 36 "CUP
6b Add 22' of Rip Rop onto slope
+00.00
SITE #6b
PROJECT r 6.961024
TIP # R 619-D
JACKSON CO.
NC 281
SITE -7
466+00, 00
66- 849.09
O y ?

Jv y2? Vv
d6?'
nO\

301
i
_ _ _ _ Remove 60' of Ex 24" CUP
Replace with 75' of 24" CUP
?GAN 75 '
STATION X66-f- 5O?DD'Ticr?!?L zo oFZy??
-ain the
>i pe will
4.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200330858
County: Jackson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
-14 7 ?f c
Property owner: North Carolina Department of Transportation
Address: Attn: R. G. Watson, Division Engineer, 253 Webster Road, Sylva, NC 287179
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
NC 281 approximately 13 miles south of Cullowhee, unnamed tributaries of Tanasee Creek and
T uckasegee River. G
Description of Activity: Replace/extend five (5) CMP culverts, associated with grading,
widening and paving of 0.42 miles of NC 281, between SR 1762 and SR 1140, resulting in
total stream impacts of 42 linear feet. Existing culverts at Sites 2, 3 & 4 are perched on the
outlet due to steepness of the surrounding terrain.
SPECIAL CONDITIONS: 1) All recommendations of the attached NC Wildlife Resources
Commission letter of June 5, 2003, are hereby incorporated as special conditions of this
permit. 2) Special and Regional Conditions requiring installation of culvert below stream
grade are waived at Sites 3, 4, & 5 due to presence of bedrock and steepness of fill slope and
surrounding terrain.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWT) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date June 6, 2003
Corps Regulatory Official John W. Hendrix Telephone No. [phone], X-7
Expiration Date of Verification June 6, 2005
V ?- - `lJA? Miciiael F. Easisy, Gcrernor
a0F F,c? William G. Ross Jr., S _ a-r
`rG Ncrt1 Carolina Department of Environment and Natural Rsscuress
Alan W. Klimek, P.E.. Di-eccr
f Division of Wat_r Gua
"I Coleen H. Sullins, Depuli Greeter
a ? Division Cf1^!G ?r Mu31?-;
June 19.2003
Jackson County iz-c?
DWQ Project No. 010659
TIP Project No. R-619C, NC 281
APPROVAL of 401 Water Quality Certification with Additional Conditions: RENFWA
Mr. Crreg Schuler, Design Construction Enzineer ' 1? 1
NCDOT Divisio^ 1.4
r.Q. Drawer 37
Sylva, NC 28779
Dear Mr. Schuler:
You have our approval, in acccrdance with the attacbcd conditions and those listed below, to impa_t 12
linear feet of an unnamed tributary to Tanasee Lake and impact 30 linear feet of unnamed tributaries to
Tuckascgee River in order improve NC 281 in Jackson County. The project should be constra=d in
accordance with your an pplicarion dated June 2, 2003 with additional information dated June 18. 2C,0?.
Aftcr reviewing your application. we have decided that this fill is covered by Genera! Water Qun=t.
Certification No. 3404 corresponding to the U.S. A,-;.y Corps of Engineers Nation,-:de P:aTnh
141. In addition, you should acquire my other federal, state or lccal permits before you proceed w7 h .e s
project including (but not limited to) Sediment and Erosion Control. Non-Dischar?e and Rater ScpPi':
Watershed rt--u atlons. This approval will e?pire with the accompanying 404 permit unless ot?=-:vise
saccificd in the Water Quality Certifieaticr.
This approval is valid solely for the purpose and design described in yoar application {unless tnedi-e
below), Should -our project change. you must nori. ' the DWQ and submit a new application. L tl.e
property is sold. the new owner east be given a copy of this Certification and approval letter, a: c
thereby mspot?siole for ccmply ins: with all the cendI- as. If total wet_and fills for this proi-ct (,^.cw c:
the future) exceed one acre. or of total impacts to s? ean?s (row or in the future) exceed 1501ir.ear t_?..
'
compensatory milig-ation rrtar be required as described in 15:? `Ca `,CAC 214 .0506(h) (6) and i7). ? F -
Gn)!CL'Cli to be vGi:Ci. you )' ilS: ,'C?c01y d3o COT'd;n'.on5 _'osrred in the Cr:IGC?:2Q Cc'r: rCazion G'i?i an ti' G'
1
cord.itions ?isted heiow.
1. Ncnpoint source and stoTrnwatcr pollution control requirements for Outstanding Resource Wale:; as
spcciftec in 15A NCAC 26 .02? 5 aad 15A N. CA.C 2H .1007.
2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .012'i; na:st
be implerrented prior to any ground-disturbing activities to minimize impacts to dowristrcam a ;uat c
resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil r t^:: s
clays 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 rooverrent as well as
prevent headcuttin; of the streams-
Ct'?r'.4.
N. C. Division of water Quality, 401 Weyands Certification Unit,
1650 Mail Spivlca Center, Raleigh, NO 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6293 (fax). (httoJib2o enr.sta_t_e of us/nmotlands)
Customer Servico #: 1.8T7-623-6748
6. NCDOT must submit a plan for written DWQ approval. to address any headcu-ti.g that will occur as a
result of this project.
7. Use of riprap for bank stabilizatiozt is to be minimized-, rather, native vegetation is to be plan=ed when
practical. If riprap is necessary, it must be limited to the stream bank above the lush water mask.
Ripra-p shall not be placed in the stream bottom.
S. Heavy equipment must be operated from the banks rather than in the stream channel in order to
InMimiza sedimentation and reduce tre likelihood of introducing other pollutar is into the steam.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters fiorh fuels, luoricants, hydraulic fluids, or other toxic
materials.
10. The presence of equipment in the channels must be tnirirrized. Under no circumstances must rock,
,and or other materials be dredged from the wetted seam, channel under authorization of this p--zit,
except in the immediata 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 401AVetlands
Unit of the NiC 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 czrificatiorz, you may ask for as adiudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a h?aziag. send a w,:tten
petition which conforms to Chapter 150B of the North Carolina Grntral Statutes to the O'ffice of
Ad-ninistrative Hearings. 6?14 Mail Service Center, Raleigh, N.C. 2:6991714. This certification and its
conditions are final and binding unless you ask for a bearing.
This letter co=letes the rep:iew of the Division of Water Quality under Section 401 of the Clean Tv ate:
Act. If you bane any quelctons, please telephonc M is. C-,mthia Van Der Wiele at 919.733.1756 or ,sir.
ivac Parker of &e Asheville Regional Office at S],23.2-:51-6-4,52.
Sirrce-ei?:
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asbeville Regional Office
Central Files
File Copy
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200231331
LDIVISION 144
County: Jackson . ,
GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Attn: R. G. Watson, Division Engineer, Post Office Drawer 37, Sylva, NC 28779
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
NC 281 (from SR 1140 to Transylvania County Line), unnamed tributaries of Bracken Creek, near
Cullowhee. /2 - G /'i "-31
Description of Activity: Replace/extend nine (9) CMP culverts, and stabilize 22 feet of stream
bank with riprap, resulting in 147 total feet of stream impact, associated with work to
widen and pave NC 281. Nationwide Permit Regional Condition 11.5) requiring culvert burial is
waived at Site Numbers 6, 7, & 8 due to steep slope conditions. SPECIAL CONDITIONS: All
conditions of the attached NC Wildlife Resources Commission letter of October 23, 2002, are hereby
incorporated as special conditions of this permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
13 & 14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWT) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the pe.--ittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date: October 30, 2002
Corps Regulatory Official: John W. Hendrix Telephone No.: [phone], x-7
Expiration Date of Verification: October 30, 2004
CF: G.S. Shuler, Design Construction Engineer, 253 Webster Road, Sylva NC 28779
Mark Davis, Division 14 Environmental Officer, 253 Webster Road, Sylva, NC 28-179
Ed Ingle, Area Roadside Environmental Unit, 4142 Haywood Rd., Horse Shoe, NC 28742
CMwF"M "I
4.
? r
> -1
Alan W. Kii[;lc'K, r.z.. L)11- -
Division of Water Quality
4.
0
October 8, 2002 it,
r
Jackson County ?r C?1 V? 4J
DWQ Project No. 021422 T 1?C?
NC 281 from SR 1140 to Transylvania Co. Line
TIP Project No. R-619D
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. G.S. Schuler, Design Construction Engineer
Division Design Construct Office
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
Dear Mr. Schuler:
You have our approval, in accordance with the attached conditions and those listed below, to incur 147
linear feet of impacts to nine unnamed tributaries of Braken Creek in order to improve NC 2S1 from SR
11=10 to the Transylvania County line in Jackson County. The project should be constructed in
accordance with your application dated August 2S. 2002 (received September 1. 2002). After re'. icwing
your application. we have decided that this fill is coVered by General Mater Quality Cerification No.
3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 1-1.. In addition.
you should acquire any other federal. state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control. Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise
specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application e:.ceppt as
mcdified below. If you change your project, yell must ncufv us in wrier.;. and you rnay be re :'a r= to
send us a new application. If the propery is sold. the ne,.% owner must be given a copy of iris
Ce: ification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre. or if stream impacts exceed 150 linear
feet. compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (61 and (7). For
this approval to be valid. you must follow the conditions listed in the attached cerification and any
additional conditions listed below.
1. Braken Creek and its tributaries are classified as WS-III Outstanding Resource Waters. NCDOT shall
use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [ 15A NCAC 4B .0124 (a)-
(d). These measures must be implemented prior to any ground-disturbing activities to minimize
impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be
planted on all bare soil within 5 days of ground-disturbing activities to provide long term erosion
control.
2. NCDOT shall comply with the requirements for WS-III [15A NCAC 2B .0215(3)(b)] and
Outstanding Resource Waters [15A NCAC 2B .0225(c)] with regard to riparian buffer requirements
and stormwater controls.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 CrabtreeBlvd., Raleigh, N 27604-2260 en(Location) us/ncrvetlands;
919-733-1786 (phone), 91.,-733-63..3 (fax), http:!
3. Stormwater shall be diverted through grass-lined ditches, in ofeex stingrvegetadted buffers is
stormwater collection device prior to entering streams. Mop
strongly discouraged, so that they may be utilized for storm water sheet flow.
ction limits of the project by the end of
4. Riparian vegetation must be reestablished within the constru
the growing season following completion of construction.
5. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization
and to minimize the use of rip rap. Rip rap shall not be placed in the stream bottom.
6. The dimension, pattern, and profile of the stream and floodplain above and below each structure shall
not be modified by widening the stream channel or reducing the depth of the stream.
and bedrock `vd epths except
7. NCDOT shall provide for aquatic life passage by burying the pipes the recommended
at Sta. 468+75 and Sta. 4 9+50 where the pipe outlets are o steep slopes
encountered.
8. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a
result of this project. _ ?
9. Previously disturbed floodplains and stream channels should be restored to their natural geomorphic
conditions whenever practicable.
10. All work shall be performed during low flow conditions.
11. 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. and
mainta 12. All mechanized equipment operated near surface
fuelselubricants, hydrauliclflPdst or ether toxicined
to prevent contamination of stream waters from
materials.
13. Upon completion of the project. the NCDOT or its authorized agent shall complete and
return the enclosed "Certificate of Completion" form to notify NCDWQ when all w'orx
included in the §401 Certification has been completed. This will satisfy the requirernents
of Condition 16 in ",QC ;3375.
If you do not accept any of the conditions of this certification, you may ask for an adjud(icator. a can to .
You must act within 60 days of the date that you receive this letter. To ask for a hearin__ s. r writn
petition that conforms to Chanter 150B of the Noah Carolina General Statutes to the Offic ^of
Administrative Hearings. 671-'. Mail Se ,'ict Center. RaleN.C. 27699-677 1-'. Tais cen_: on 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 t e Clean Water
Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.73=-571- or li'v1r.
dike Parker of the Asheville Regional Office at 828.251.6208.
Sincerely.
Alan W. Klimek. P.E.
I (
Attachment
Pc: Wilmington District Corps of Engineers
John Hendrix, USACE Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
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l? l 06??'?ov/ a 2 /'-0/ 22- Leo
WETLANDS / 401-GROUP ?
MAY ,. 9 2004
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 11, 2004
Mr. Steve Lund, NCDOT Regulatory Project Manager
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: 404 and 401 Permit Modification Request
NC 281 C & D
USACOE Action ID Nos. 200330858 (C) and 200231331 (D)
DWQ Project Nos. 010659 (C) and 021422 (D)
Jackson County, North Carolina
State Project No. 34351.3.8 (C) and 34351.3.13 (D)
(DWQ Major Permit Fee $475 .00)
Dear Mr. Lund:
WATER QUALITY SECTION
LYNDO TIPPETT
SECRETARY
The North Carolina Department of Transportation (NCDOT) is currently constructing the
subject project. We were issued Nationwide Permits for both projects which consisted of 5
culvert replacements/extensions on the C section totaling 42 linear feet and 9 culvert
replacements/extensions on the D section totaling 147 linear feet, respectively. However, due to
the steepness of the surrounding terrain, sandy soil conditions, and availability of waste rock,
NCDOT constructed the fill slopes out of stacked rock, which resulted in steeper, but more stable
fill slopes. As a result, the cross pipes at Sites 2, 3, 4, 5, and 6 (Section C) will need to be
extended an additional 15 to 25 feet in order to clear the fill slope. This will increase the total
stream impacts along Section C by 100 linear feet. Along Section D, the cross pipes at Sites 1, 2,
5, 6a, and 7 will need to be extended an additional 15 to 20 feet. This will increase the total
stream impacts by 95 linear feet. Additional stream impacts for both the C and D section of NC
281 will be 195 linear feet (see attached stream impact table). Culvert outlets will be perched at
sites C - 2, 3, 4 and D - 6a, 7.
I have enclosed copies of the 404/401 permits, the appropriate revised sections to the
PCN application ( 2. Stream Impact Table), a typical cross section of the rock fill slopes, and
revised cross sectional drawings of the permit sites. NCDOT is hereby requesting authorization
under Section 404 of the Clean Water Act to proceed with this project. By copy of this letter, I
am asking Mr. Dave McHenry of the North Carolina Wildlife Resources Commission to
comment directly to the Corps concerning the 404 Nationwide Permit Modification Request.
NC 281 R-619 CD Page 2 May 11, 2004 4
Permit Modification
Also by copy of this letter, I am requesting authorization to proceed under Section 401 of
the Clean Water Act from the Division of Water Quality. In addition, I am asking Mr. McHenry
and Mr. Ed Ingle, Area Roadside Environmental Operations Engineer, to comment directly to me
concerning this permit request.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or need additional information, please contact me at [phone].
Sincerely,
Mark S. Davis
Division Environmental Officer
Enclosures
cc: Mr. R. G. Watson, P.E., Division Engineer, NCDOT
Mr. Keith Brazell, Resident Engineer, NCDOT
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. Dave McHenry, Mountain Region Coordinator, NCWRC
Mr. John Dorney, DWQ, DENR (seven copies)
Mr. Mike Parker, DWQ, DENR
i.
Permit Modification R-619 CD - NC 281 - Jackson County
(Additional Stream Impacts)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

Section C-Site 2 Culvert 25 UT - Tanasee Lake 1 P
Sta 359+31 Extension
Section C-Site 3 Culvert 15 UT - Tanasee Lake 1 P
Sta 365+22 Extension
Section C-Site 4 Culvert 25 UT - Tuckasegee River 1 P
Sta 392+03 Extension
Section C- Site 5 Culvert 15 UT - Tuckasegee River 2 P
Sta 398+70 Extension
Section C - Site 6 Culvert 20 UT - Tuckasegee River 1 P
Sta 405+88 Extension
Section D - Site 1 Culvert 20 UT -Bracken Creek 1 P
Sta 420+50 Extension
Section D - Site 2 Culvert
I 20 UT - Bracken Creek I 1 P
Sta 431+75 Extension
Section D - Site 5 Culvert
1
P
Sta 446+50 Extension 15 UT - Bracken Creek
F D - Site 6 Culvert 20 UT - Bracken Creek P
61+00 Extension
Section D - Site 7 Culvert 20 UT - Bracken Creek I 1 P
Sta 466+50 Extension
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and assoctatea rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching,"straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., w-%k-%v.topozone.com;
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 195' additional impacts
Page 5 of 10
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4
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PROJECT ? 6.961024
TIP # R 619-D
JACKSON CO.
NC 281
SITE #I

-;1,4q,? 601
STATION X20 , 50 N?FzFz) gr, SITE *1 ADv,71oi?g4 20' 0,,c-2q"o-rP
1.5:1
1.5:1
- - - - - - - - = Remove 35' of 24" CUP
Replace with 60' of 24" CUP
PROJECT 4 6.961024 433+5Q
TIP " R 619-D ?L
JACKSON CO.
NC 281 _
SITE -2 Remove 35' of
EX 24" CMP
1 4c ? . ?'A,?cn CMP
7.
4

STATION 14,.?1 -1-75 SITE #
2 9,0,p,7-101rAL, 20 /o? S/6?r36
A2eAl
TIE TO
EX. SLOPE
3315.02'
ORAOE TO
ORAIN
Remove 35' of 24" CUP
Replace with 45' of 46"x 36" Arch CUP
PROJECT # 6.961024 '0000
TIP # R 619-D 3a
.
447+0000
JACKSON CO. " ao' ?T ,o
NC 281
SITE #5
Remove 50' of
EX.48" CMI"
Q) 4Q
o°

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G
GRp
RN`s,
rc3 -)0
77" x 52' , .,'Cr Cis P
d
STATION 146 %50 ?v?v 6s'
SITE #5 ADDiT/ONLIL 77,E 5-2 /I
A•QCiY C'N!P
_ 1.5:1
3326.29' _ _ _ _ _ _ _ _ _
Remove 50" of 48" CUP
Replace with 50' of 7711 x 52" Arch CUP
PROJECT r 6.961024
TIP # R 619-D
JACKSON CO.
NC 281
SITE #6a
SITE #6b

Gr0+
-y, +00 '00

ADJ ?TiO NAB 20 ? Cr 36
,STATION z1 61 --?,50
SITE ?ea
Due to terrain the
proposed pipe will
be perched
SITE
Remove 50' of Ex 36" CUP
# 6o = Replace with 65' of 36 "CUP
* 6b Add 22' of Rip Rap onto slope
462+00.00
-L'
SITE #6b

PROJECT r 6.961024
TIP # R 619-D
JACKSON CO.
NC 281
SITE #7
,00-00
4I 9 L
1
66+49 09
466+49-09
,L 33J LT
Proo 5''y
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?e 60'
?? Rc66+1100
40' RT
?t.AN 75,
N42? 9s
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STATION X66156 ?a
Remove 60' of Ex 24" CUP
Replace with 75' of 24" CMP
-ci n the
>i pe will

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200330858
County: Jackson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Attn: R. G. Watson, Division Engineer, 253 Webster Road, Sylva, NC 287 79
Telephone No.: [phone]

Size and Location of project (water body, road name/number, town, etc.):
NC 281 approximately 13 miles south of Cullowhee, unnamed tributaries of Tanasee Creek and
Tuckasegee River.
Description of Activity: Replace/extend five (5) CMP culverts, associated with grading,
widening and paving of 0.42 miles of NC 281, between SR 1762 and SR 1140, resulting in
total stream impacts of 42 linear feet. Existing culverts at Sites 2, 3 & 4 are perched on the
outlet due to steepness of the surrounding terrain.
SPECIAL CONDITIONS: 1) All recommendations of the attached NC Wildlife Resources
Commission letter of June 5, 2003, are hereby incorporated as special conditions of this
permit. 2) Special and Regional Conditions requiring installation of culvert below stream
grade are waived at Sites 3, 4, & 5 due to presence of bedrock and steepness of fill slope and
surrounding terrain.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date June 6, 2003
Corps Regulatory Official John W. Hendrix Telephone No. [phone], x-7
Expiration Date of Verification June 6, 2005
?I - \N ATFDM; =
.1
-June 19.2003
ProJec kNo. 0 06
DtiVQ 59
TIP Project No. R-6-519C. NC 2S'J1
,kPPROVAL of 401 Water. Quality Certification with Additional Conditions: RENT` A
,y
Schuler, Design Construction Enzineer 10
Mr. Crrcg' I
1vCDOT Division 14
P.O. Drawer 0
Sylva, NC 28779
Dear Mr. Schuler:

You have our approval, in accordance with the attacbcd 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 constrsc*.°d in
accordance with your application dated June 2, 2000 with additional information dated June 18. 200:.
After reviewing your application. we have decided that this fi:l is covered by General Rater Qu,-ty
Certification No. 3404 corresponding to the U.S. Army Corps o' Engineers Niationw:de Permit Nu=ber
14. In addition, you should acquire any other federal, state or local permits before you proceed with •.our
project including (but not limited to) Sediment and Erosion Control. Non-Discharge and 'W titer Sunpl v
Watershed regulations. This approval will expire with the accompanying 404 permit unless othe-:tiise
saccificd in the Water Quality Certificatior_.
This approval is valid solely for the purpose and design described in your application (unless modiftcd
below). Sllouid your prejec: change, you must zorir? the DWQ and submit a nc•.v application. U the
property is sold, the new owner roast be given a copy of this Certification and approval letter. and is
thereby responsioie for cer?pg with all the ccndiacns. If total we: and fills fcr this proicct (rc cr
the future) ?tceed one acre. or of total impacts to streams (r ow or in the future) exce:3 150 liresr f-e:.
compensatory mid_ation rna be required as described in 15A tiCAC 214.0506 i ll i (6) and (").:ors-.:s
a "'_1rovaZ to be',alid. 1ou 7 us,''o,,ow the conditions lis-.ed in f;`e a-=ched ccr:i,Fc^ ;o7: a.nd a.), below.
1. , icrpoint source azrd stcrrv;% atcr pollution control requirements for Outstanding Resource Wa-w:s a_s
specified in 15A NCAC 2B .022x5 and 1_5A NCAC 2H.1007 .
S ; must
?.. edimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .012u
be implemented prior to any ground-disturbing activities to minimize impacts to downstream reuarc
,resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil h `:ern
days of ground-Isturbing 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 stron=gly
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.
6M. &F?rV.
N. C. Division of Water Quality, 401 Weyands Certification Una,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604.2260 (Location)
[phone] (phone), 919-733-6293 (fax). (httoJrh2o.enr.statenc.uslnc!Netlands)
Customer Service #: 1.877-623-6748
Michael F. Easily, Gc:emor
William G. Ross Jr., S=cr_ ay
North Carolina Department of Environment and Natural Rescuress
Alan W. Klimek, P.E., Cirectcr
Division of Water Cua'•i,y
Coleen H. Sullins, DepuiJ CirECtcr
Division of water Qua! ?y
4.
6. NCDOT must submit a plan for written DWQ approval to address any headcu-tdng that will occur as a
result of this project.
7. Use of riprap for ban`.{ stabilizatiozi 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 lagh water mark.
Rpprap shall not be placed in the stream bottom.
S. Heavy equipment must be operated from the banks rather than in the stye::- channel in order to
minimize sedirr_eritation and reduce the likelihood of introducing other potlutar? into the stream.
All mechanized equipment operated near surface waters must be regularly, inspected and maintained
to prevent contamination of stream waters frorh fuels, lubricants, hydrauLc fluids, or other toxic
materials.
J.O. The presence of equipment in the channels must be rnirimized. Under no cireamstances must rock,
sand or other materials be dredged from the wetted stream, channel under authorization of this permit,
except in ire immediate vicinity of the culverts.
11. Upon completion of the project, the NCDOT shall c=p. let-- and return the enclosed "Certificate of
Completion" form to notify NCDWQ whin all work included in the §401 Ccrtifi, cation has been
completed. The responsible party shall complete the attached form and returm it to the 401ANetlands
Unit of the NC Division of Water Quality upon completion of the project NCDOT is strongly
advised to send in photographs upst±eatn and downstream of each structure to docuin nt correct
installation.
If you do not accept any of the conditions of this certification, you nay ask fcr rn adiudicatorr- hearing.
You roust act within 60 days of the date. that you receive this letter. To ask fr;I a h°.,a-iag. send a written
petition which conforms to Chapter 150B of the North Carolina General S[~t,::s to tl:e Office of
Ad.minisa-ative Hearings. 6-,14 Mail Service Center, Raleigh, N.C. 27- 699- i : 14. This certification and its
conditions are final and binding unless you ask for a hearing.
This lever completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any ques;:ons, please telephone Ms. Cynthia Van Der Wiele a: 919.733.1756 or Mr.
%T nc Parker o, e As}aAville Regional Office at 823.251$4 2.
Siz=ely.
At.achment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
N CDWQ Asheville Regional Office
Central Files
File Copy
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200231331
LUv u 5 LGGZ N 14
DIVISMW
County: Jackson .. ,
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Attn: R. G. Watson, Division Engineer, Post Office Drawer 37, Sylva, NC 28779
Telephone No.: [phone]
Size and Location of project (water body, road namelnumber, town, etc.):
NC 281 (from SR 1140 to Transylvania County Line), unnamed tributaries of Bracken Creek, near
Cullowhee. /? - G / 5
Description of Activity: Replace/extend nine (9) CMP culverts, and stabilize 22 feet of stream
bank with riprap, resulting in 147 total feet of stream impact, associated with work to
widen and pave NC 281. Nationwide Permit Regional Condition 11.5) requiring culvert burial is
waived at Site Numbers 6, 7, & 8 due to steep slope conditions. SPECIAL CONDITIONS: All
conditions of the attached NC Wildlife Resources Commission letter of October 23, 2002, are hereby
incorporated as special conditions of this permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
13 & 14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NIXT) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the rP.-_rntttee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date: October 30, 2002
Corps Regulatory Official: John W. Hendrix )V- Telephone No.: [phone], x-7
Expiration Date of Verification: October 30, 2004
CF: G.S. Shuler, Design Construction Engineer, 253 Webster Road, Sylva NC 28779
Mark Davis, Division 14 Environmental Officer, 253 Webster Road, Sylva, NC 28779
Ed Ingle, Area Roadside Environmental Unit, 4142 Haywood Rd., Horse Shoe, NC 28742
CESAw FxM 5%
? U0 Eu'r
> -
Alan W. KllmeK, r.=. LJ'1..-
Division of Water Quality
4.
o ?
October S. 2002 R X CEJ 1_
Jackson County Or V? J
DWQ Project No. 0214") l
NC 281 from SR 1140 to Transylvania Co. Line
TIP Project No. R-619D
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. G.S. Schuler, Design Construction Engineer
Division Design Construct Office
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
Dear Mr. Schuler:
You have our approval, in accordance with the attached conditions and those listed below. to incur 147
linear feet of impacts to nine unnamed tributaries of Braken Creek in order to improve NC 2S 1 from SR
1140 to the Transvlvania Countv lira in Jackson County. The project should be constructed in
accordance with your application dated August 2S. 2002 (received September 1. 2002). After reviewing
your application, we have decided that this fill is covered by GenerWaL Qumcer 1-'. ification addition.
3375 corresponding to the U.S. Army Corps of Engineers Nationwide
you should acquire any other federal. state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control. Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise
specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us in writtn3. and you may be recurred to
send us a ne,.v application. If the prope., is sold. the new owner must be g;ven a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre. or if stream impacts 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 ccnincation and any
additional conditions listed below.
1. Braken Creek and its tributaries are classified as WS-III Outstanding Resource Waters. NCDOT shall
use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-
(d). These measures must be implemented prior to any ground-disturbing activities to minirnize
impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be
planted on all bare soil within S days of ground-disturbing activities to provide long term erosion
control.
2. NCDOT shall comply with the requirements for WS-III [15A NCAC 2B .0215(3)(b)] and
Outstanding Resource Waters [15A NCAC 2B .0225(c)] with regard to riparian buffer requirements
and stormwater controls.
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), 919-733-6393 (fax), http://h2o.enr.state.nc.us/ncjvettands/
vegetated buffers or directed to a 4.
3. Stormwater shall be diverted through grass-lined ditches,
stormwater collection device prior to be entenng utilized for ms. Mowi sheet flow. vegetated buffers is storm strongly discouraged, so that they may
4. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
5. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization
and to minimize the use of rip rap. Rip rap shall not be placed in the stream bottom.
6. The dimension, pattern, and profile of the stream and floodplain above and below each structure shall
not be modified by widening the stream channel or reducing the depth of the stream.
7. NCDOT shall provide for aquatic life passage by burying the pipes at the recommended depths except
at Sta. 468+75 and Sta. 479+50 where the pipe outlets are on steep slopes and bedrock was
encountered.
8. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a
result of this project.
9. Previously disturbed floodplains and stream channels should be restored to their natural geomorphic
conditions whenever practicable.
10. All work shall be performed during low flow conditions.
11. 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.
12. 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.
13. Upon completion of the project. the NCDOT or its authorized agent shall complete and
return the enclosed "Certificate of Completion" form to notify NCDWQ %vhen all work
included in the §401 Certification has been completed. This will satisfy the requirements
of Condition 16 in WQC ;x3375.
If you do not accept any of the conditions of this certification. you may ask for an adjudicator: hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing. se^•c a written
petition that conforms to Chanter 150B of the North Carolina General Statutes to the Offtc° c;
Administrative Hearings. 6711 Mail Service Center. Raleigh. N.C. 27699-671.. Tis cer;a:ca::on 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 C! -an Water
Act. If you have any questions, please telephone yls. Cynthia Van Der `Viele at 919.7-23-57 14 or ivlr.
1like Parker of the Ashc iile Regional Office at 828.251.6208.
Sincerer:.
W. Klimek. P.E.
? Alan
Attachment
Pc: Wilmington District Corps of Engineers
John Hendrix, USACE Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
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