20020199 Ver 1_Complete File_20020208

rvuuiaet r. cdbiey, vuvernur
?0F W n ! F9 William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
O
Alan Klimek,
Divison of Water Quality
O '<
DWQ Project No.: C?aU/9? County:
Applicant: 141
Project Name: TA ///
Date of Issuance of 401 Water Quality Certification:

-45? -
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, -- -P, SE-l??r" , 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 wit in substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the a v?e(I ans and s ecitications, and other supp rtig enals.
Signature: ,t QI? ?/ Date:
Agent's ification /
1 hereby state that, to the best of my abilities, due care
and diliaence 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.,
I,
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.
Registration No.
Signature
o?@WM D
SEP 1 1 >(':l6
DENR - WATER uuAU 1 r
WETLANDS AND STORMWATER BRANCH
Date:
0
N?(
'1?
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:l/h2o.enr.state.nc.us/ncwetlands/
VVh /? iwiundei r. cdsiey, vuvenwi
Q R William G. Ross Jr., Secretary
\Q? QG North Carolina Department of Environment and Natural Resources
Uj r Alan W. Klimek, P.E. Director
Division of Water Quality
O '<
DWQ Project No.:
Applicant:
Project Name: /
Date of Issuance of
/9y County:
Water Quality Certification:
z+&"t.-

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. ]'his form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, z"R S(47-e- t- , 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 wit in substantial compliance and intent of the 401 Water Qua lity Certification and Buffer
Rules, the a v ans ands ecitications, and other supp rti g n erials.
Signature: QY Date: 3
Agent's ification /
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
1 , 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 Pennitee 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:
RIN@?aec??
SEP A 1006
DE1V • WATER QUALITY"
KnNDF AND ATORIAWATFR BRANaH
I? APB 1 ? `?J ,
14
N?bE`h,
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:1/h2o.enr.state.nc.us/ncwetlands/
GF W A
O? T FkG
o ?
Michael F. Easley, Governor
G .? _..? R,/7 William G. Ross Jr., Secretary
Norili riiliifijl 4.1ent of Environment and Natural Resources
Alan W. Klimek, P.E. Director
4 Division of Water Quality
rvk, 6Ai-R
ANOSr ?? ?p April 8, 2005
Swain County
DWQ Project No. 020199
NCSR 1118 (Fred Breedlove Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 743 linear feet of
Tarklin Branch and two (2) of its unnamed tributaries (685 linear feet of stream relocation and 58 linear feet of new
culvert), in order to make improvements to NCSR 1118 (Fred Breedlove Road) in Swain County. The project must be
constructed in accordance with the Public Notice dated February 6, 2003 (received February 11, 2003); additional
information received March 24, 2003, January 12, 2005 and March 3, 2005, including the environmental comments 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.
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.
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.
N r hCarolina
?tura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone] ] -877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
April 8, 2005
Page Two
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. Compensatory mitigation for impacts to the streams shall be done for 685 linear feet at a ratio of 1:1. Compensatory
mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocation of 600 linear feet of
Tarklin Branch and maintaining a permanent drainage easement of 100 linear feet of Tarklin Branch between Stations
9+00 and 10+00, in the Little Tennessee River Basin. A perpetual conservation easement shall be maintained by the
NCDOT for this stream relocation project (600 linear feet x 16 linear feet) and permanent drainage easement area.
5. The new channel design should resemble the old stable channel in width, depth and gradient. The stream relocation
must be conducted in a dry work area and stabilized prior to diverting water into the new channel. Whenever
possible, the channel relocation shall be allowed to stabilize for an entire growing season. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a 16 foot wide vegetated
buffer along the relocated channel, to the maximum extent practicable. A vegetated buffer should also be established
along the riparian zone along the permanent drainage easement of Tarklin Branch. A transitional phase incorporating
coir fiber matting and seedling establishment is allowable. Also, riprap may be allowed if it is necessary to maintain
the physical integrity of the stream, but the applicant must provide written justification and any calculations used to
determine the extent of the riprap coverage requested.
6. If the Division of Water Quality determines that the stream relocation or associated riparian area has become unstable,
the stream shall be repaired or stabilized using only natural channel design techniques, if possible. Vegetation in the
riparian area shall be maintained and/or replaced, according to the approved plans. Riprap or other structures may
only be used if required by the Division of Land Resources or a Delegated local program. All repair designs must be
submitted to and receive written approval from the Division of Water Quality before the repair work is performed.
7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of the project.
8. Adequate sediment and erosion control measures should be implemented prior to any ground disturbing activities to
minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be
planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion
control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Matting should be secured in place with stables or wherever possible, live stakes of native trees. Tall fescue
should not be used in riparian areas.
9. 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.
10. Rock check dams at culvert outlets should be removed at the project completion to avoid impeding the movement of
aquatic life.
11. The dimension, pattern and profile of the stream, above and below the culverts, should not be modified by widening
the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions.
12. Stormwater shall 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.
Mr. J. B. Setzer, P.E.
April 8, 2005
Page Three
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. Any 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. Riprap should not be place in stream
channels in such a manner that it impedes aquatic life passage.
15. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to 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 construction (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 should
not be discharged to surface waters due to the potential for fish kills.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
20. 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. In-stream dredging has catastrophic effects on aquatic life, and disturbance of the natural
form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
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 the culvert extensions.
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 the 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 Transportation Permitting Unit of the NC Division of Water
Quality upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
?---Alan W. Klimek, P.E.
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
-transportation Permitting Unit
Mike Parker, Asheville Regional Office
STATE.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTAT 0?
MICHAEL, F. EASLEY
GOVERNOR
January 10, 2005
MEMORANDUM
WATER QUALITY SECTION
t Pif'VIL I_E Rr'G!C!N,4L OFFIC
LYNDO TIPPETT
S ECRIETA RY
TO: Angie Pennock, USAGE, Asheville
Mike Parker, DWQ, DENR, Asheville
FROM: Mark S. Davis !%l'?
Division 14 Environmental Officer
SUBJECT: Conservation Easement for Channel Change along Tarkiln Branch
Action ID No. 200330413
SR 1 l 18 - Fred Breedlove Road
Swain County
Enclosed are the Conservation Easements, maps, and design plans for the channel change
on Tarkiln Branch, which is associated with the subject Individual Permit (IP), dated February 6,
2003. The Division of Water Quality had requested that the channel change include a
conservation easement to protect the streamside buffer along the newly constructed stream. The
easement area is approximately 600 feet long by 16 feet wide. We would like to begin
construction on this project during the 2005 construction season. If you have any questions or
need additional information, please contact me at [phone]. Your prompt action would be
greatly appreciated.
Enclosures
cc: Mr. Jonathan Woodard, P.E., District Engineer
Mr. Brian Burch, P.E., Division Maintenance Engineer

l
STATE
M.n
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 24, 2004
MEMORANDUM
TO: Dale Davis, Right-of-Way Agent
Division 14 Right-of-Way Office
FROM: Mark S. Davis
Division 14 Environmental Officer
SUBJECT: 404/401 Individual Permit (IP) Application
SR 1118 - Fred Breedlove Road
State Project No. 14C.087001
Swain County
LYNDO TIPPETT
SECRETARY
This memo is in response to your request regarding the conservation easement associated
with the subject project. NCDOT proposes to widen, grade, drain, and pave a 0.81-mile section
of SR 1118 in Swain County. In order to construct this project in accordance with our current
secondary road standards, the project required the relocation of a 685 linear foot section of
Tarkiln Branch, which closely parallels the existing roadway. Due to the extensive length of the
channel relocation, NCDOT submitted a 404 Individual Permit Application to the US Anny
Corps of Engineers on January 27, 2003. A Public Notice was issued on February 6, 2003
(Action ID No. 200330413).
In order for the North Carolina Department of Environment and Natural Resources
(DENR), Division of Water Quality (DWQ) to grant the 401 Water Quality Certification, they
are requiring that NCDOT obtain a conservation easement along the relocated section of Tarkiln
Branch. A site visit was conducted with Mr. Mike Parker (DWQ) on February 20, 2004, to
assess the proposed easement area. The purpose of the easement is to mitigate stream impacts
associated with the channel change and to protect and maintain a vegetated buffer along the
newly constructed stream channel. The undisturbed vegetated buffer will provide shade, leaf
litter, woody debris, fish/wildlife habitat, stream bank stability, and improve overall water quality
within the watershed. The area of the proposed conservation easement is 16 linear feet wide by
685 linear feet long (0.25 acres).
Another major concern that DWQ had with the project was the relocation of the water
reservoirs along the newly constructed stream channel. If relocated, the reservoirs would lie
within the streamside buffer zone, which could lead to stream bank instability and potential
1;
SR 1118 -Conservation Easement Page 2 May 24, 2004
maintenance problems for NCDOT in the future. As a result, NCDOT has committed to drilling
wells (4) to replace all the reservoirs located along the existing stream corridor.
If you have any questions or need additional information, please contact me at (828) 586-
2141.
cc: Mr. R. G. Watson, P.E., Division Engineer
Mr. Joel Setzer, P.E., Division Maintenance Engineer
Mr. Jonathan Woodard, P.E., District Engineer
Mr. Mike Parker, DWQ, DENR
O
A
?EP O
???pG BOOS
CONSERVATION EASEMENT AND EASEMENTS OF INGRESS AND EGRESS
THIS INSTRUMENT DRAWN BY Wm. Dale Davis CHECKED BY
RETURN TO: NCDOT R/W
1594 East Main Street
Sylva, N.C. 28779
NORTH CAROLINA
COUNTY OF SWAIN
TAX MAP AND LOT
STATE HIGHWAY PROJECT: 6.992071 WBS: 14C.087014
F. A. PROJECT: N/A
ID NUMBER: N/A
PARCEL NUMBER: 004
ROUTE: SR# 1118 - Fred Breedlove Road
THIS CONSERVATION EASEMENT and EASEMENTS OF INGRESS AND EGRESS, made this the
15th day of December, 2004 by and between
Thad W. and wife Margaret S. Breedlove
1058 Dogwood Drive
Gastonia, N.C. 28056
Hereinafter called the Grantor(s) and by the North Carolina Department of Transportation, 1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548, hereinafter called the "NCDOT", provides the following:
WTTNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Township of Nantahala in Swain
County, North Carolina, as more particularly described in Book/Page 92/349 in the Swain County Registry, which land is
hereinafter referred to as the Property;
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose includes the construction of
transportation projects for public use and who has the authority to acquire land for the purpose of mitigating environmental
impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore 0.112 acres of stream in Swain County on the
said Property:
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.112 acres of the
Property (the Conservation Easement Area), thereby restricting and limiting the use of land within the Conservation
Easement Area to the terms and conditions and for the purposes hereinafter set forth, and to further grant a Permanent
Access Easement of Ingress and Egress to the Conservation Easement Area upon and along the Property as more
particularly set forth hereinafter;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S. § 121-34 et. seq.,
provides for the enforceability of restrictions, easements, covenants or conditions appropriate to retaining land or water
areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of Engineers (USACE),
must conduct certain off-site stream mitigation work to compensate for impacts to streams resulting from the construction
of SR# 1118-Fred-Breedlove Road
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement on the Property to
mitigate for the stream impacts, and such will satisfy the said permit conditions after the completion of the stream
monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation activities performed by the
NCDOT, to preserve and protect the conservation values of the Conservation Easement Area, to prevent any use of the
Conservation Easement Area that will significantly impair or interfere with these purposes, and to maintain permanently the
dominant woodland, scenic and natural character of the Conservation Easement Area designated on the Property as
hereinafter described.
Conservation Standard Agreement
Page 1 of 9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parcel: 004 SR# 1118
NOW THEREFORE, in consideration of the sum of 1.00 and other valuable considerations (Springs will be
enclosed for the Grantors future use) to the Grantor in hand paid by the NCDOT, the receipt of which is Hereby
acknowledged, and in further consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set
forth, the Grantor hereby grants and conveys unto the NCDOT and its successors or assigns forever and in perpetuity a
Conservation Easement, pursuant to the USACE Section 404 permit requirements, of the nature and character and to the
extent hereinafter set forth, in respect to the land of the grantor situated in Swain County, North Carolina as described in
"Exhibit A", and hereinafter referred to as the "Conservation Easement Area;" together with a Permanent Access
Easement of Ingress and Egress ("Permanent Access Easement') over and upon the remaining Property of the Grantors
described in Book/Page 92/349 of the Swain County Registry as a means of ingress and egress to and from the
Conservation Easement hereinabove described, as more particularly described in "Exhibit B". For a plat of the above
described Conservation Easement and Easement of Ingress and Egress, please see plat titled "State of North Carolina
Department of Transportation Conservation Easement Thad and Margaret Breedlove Property Swain County". Recorded,
in Cabinet Slide of the Swain County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an easement in gross, runs
with the land and is enforceable by the NCDOT or its successors and/or assigns against the Grantor(s), Grantors heirs,
devisees, successors and assigns, lessees, agents and licensees.
B. Temporary Access Agreement. It is specifically understood by all parties to this document that a Temporary
Access Agreement over the Property is to be executed between the Parties and, will be valid until the completion of the
construction and monitoring of the stream mitigation project within the Conservation Easement Area of said Property of the
Grantor. The NCDOT and authorized representatives of the NCDOT shall have the right to access the Conservation
Easement Area through the Property pursuant to the Temporary Access Agreement in order to conduct the mitigation
activities, and shall have the right to place equipment and materials on the Property pursuant to the Temporary Access
Agreement. Upon completion of the monitoring period of said stream mitigation project, as described in Exhibit C, the
Conceptual Restoration Plan, the Temporary Access Agreement will dissolve.
C. Permanent Access Easement. In addition to the access provided by the Temporary Access Agreement
described above, and continuing in perpetuity after said Temporary Access Agreement has dissolved, the NCDOT, and
authorized representatives of the NCDOT, shall have the right in perpetuity to enter the Conservation Easement Area
through the Property over this Permanent Access Easement, as described more particularly in Exhibit B, at all reasonable
times to undertake additional mitigation activities as determined to be necessary by the NCDOT.
Further, the NCDOT, and authorized representatives of the NCDOT, shall have the right in perpetuity to enter the
Conservation Easement Area through the Property over this Permanent Access Easement in perpetuity, at all reasonable
times, for the purpose of inspecting said Conservation Easement Area to determine if the Grantor is complying with the
terms, conditions, restrictions, and purposes of this Conservation Easement. The NCDOT will notify the Grantor by phone,
email, or other correspondence before entering the Property for this purpose. However, if the NCDOT In its sole discretion
determines that circumstances require immediate entry, such party is not required to notify Grantor prior to entry but will
notify Grantor within two business days of such entry.
D. Public Access. The easement rights granted herein do not include public access rights. However, the public
has the right to view the Conservation Easement Area from any adjacent publicly accessible areas.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area Inconsistent with the purposes of this
Conservation Easement is prohibited. Unless expressly reserved as a compatible use herein, any activity in, or use of, the
Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of the Conservation
Easement. The Conservation Easement Area shall be maintained in its natural, scenic and open condition and restricted
from any development that would significantly impair or interfere with the conservation values of this Conservation
Easement Area. Any rights not expressly reserved hereunder by the Grantor have been acquired by the NCDOT.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted
or reserved as indicated hereunder:
1. Disturbance of Natural Features: Any changes, disturbance, alteration or impairment of the natural,
scenic and aesthetic features of the Conservation Easement Area or any introduction of non-native plants
and/or animal species is prohibited unless the NCDOT shall give its prior written consent or unless otherwise
expressly permitted herein
2. Agricultural Grazing and Horticultural Use. Agricultural, grazing and horticultural use, including landscaping,
of the Conservation Easement Area is prohibited. Livestock shall only cross or access water at areas appointed
and agreed upon in the Conceptual Restoration Plan, attached as Exhibit C, and shown on the plat entitled "State
of North Carolina Department of Transportation Conservation Easement Thad and Margaret Breedlove Property
Swain County" recorded in Cabinet , Slide of the Swain County Registry.
In an emergency situation, in which no other water source is available, livestock may access the stream for
water at areas designated on the plat entitled "State of North Carolina Department of Transportation
Conservation Easement Thad and Margaret Breedlove Property Swain County " recorded in Cabinet
Slide of the Swain County Registry. Such emergency access is limited to one side of the stream for a
length not to exceed 30 linear feet and the Grantor shall notify the NCDOT in writing at the address shown
above within 3 business days of such access
Conservation Standard Agreement
Page 2 of 9
Rev. August 2002
Coun : Swain Project: 6.992071 WBS: 14C.087014 Parcel: 004 SR# 1118
3. Stream Crossings. The Grantor, for himself, his successors, assigns, invitees and licensees, hereby
reserves the right to maintain the stream crossing agreed upon in the Conceptual Restoration Plan
"Exhibit C" and shown on the plat entitled "State of North Carolina Department of Transportation
Conservation Easement Thad W. & Margaret Breedlove Swain County Conservation Easement" recorded in
Cabinet , Slide of the County Registry. Specifically for this property this includes one 1
crossing of Tarkiln Branch of twenty (20) feet. The NCDOT may agree to the Grantor moving existing stream
crossings, installing new crossings or widening the existing stream crossings and construction and access
easements, if needed in the future, provided that any such request is consistent with the purposes of this
Conservation Easement, the Grantor obtains prior written approval from the NCDOT, and will be done with all
necessary state and federal permits. These crossings and construction and access easements shall not
exceed a width of twenty (20) feet and will be constructed in such a way that minimizes negative impacts to
the stream and riparian vegetation.
4. Silvicultural Use and Land Cleadng. There may be no destruction or cutting of trees or plants in the
Conservation Easement Area, except in accordance with the Conceptual Restoration Plan, attached hereto
as Exhibit C, or upon written approval of the NCDOT. The gathering of firewood in the Conservation
Easement Area shall be limited to dead trees, such that the gathering is consistent with purposes of this
Conservation Easement. Removal of large live trees may be allowed in some cases provided that any such
request is consistent with the purposes of this Conservation Easement and the Grantor obtains prior written
approval from the NCDOT.
5. Hunting and Fishing. Grantor expressly reserves the right to hunt and fish on the Conservation
Easement Area and to control access of all persons for the purpose of hunting and fishing; provided that
these activities do not impact the protection and conservation of any animal/trout habitat or other
conservation values of the Conservation Easement Area.
6. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of
underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
7. Mineral Use. Excavation. Dredging. There shall be no filling, excavation, dredging, mining or drilling; no
removal of topsoil, sand, gravel, rock, peat, minerals or other material, and no change in the topography of
the land in any manner on the Conservation Easement Area nor shall there be any activities conducted on
the Conservation Easement Area or on adjacent property if owned by the Grantor and his successors which
would cause erosion or siltation on the Conservation Easement Area.
a. Industrial Use. Industrial activities in the Conservation Easement Area are prohibited.
9. Residential Use. Residential use of the Conservation Easement Area is prohibited.
10. Commercial Use. Commercial activities in the Conservation Easement Area are prohibited.
11. New Construction. There shall be no building, shed, facility, mobile home, or other structure constructed
or placed in the Conservation Easement Area; provided, however, that the NCDOT expressly reserves the
right to install, operate and maintain structures for the purpose of reestablishing, protecting, and enhancing
stream functional values, including those described in the Conceptual Restoration Plan, Exhibit C, for the
Conservation Easement Area.
12. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs
describing restoration activities and the conservation values of the Conservation Easement Area, signs
identifying the owner of the Protected Property and the holder of the Conservation Easement, and signs
giving directions or proscribing rules and regulations for the use of the Conservation Easement Area.
13. Subdivision. In the event the burdened parcel is subdivided it is underst od that the rights and duties
under this conservation easement run with the subdivided Parcels and do not chap e.
14. Development Rights No development rights which have been encumbered or extinguished by this
Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster
development arrangement or otherwise.
15. Utilities. The installation of utility systems, including, without limitation, water, sewer, power, fuel, and
communication lines and related facilities, is prohibited. If there are existing utility easements (rights of way)
located in the Conservation Easement Area or affecting the Conservation Easement, Grantor shall notify the
NCDOT if right of way clearing or other work in the Conservation Easement Area is scheduled by the utility.
Any such clearing should be in keeping with the intent of the Conservation Easement.
16. Water Quality and Drainage Pattern. Grantor shall conduct no activities in the Conservation Easement
Area that would be detrimental to water quality or to any of the plants or habitats within the Conservation
Easement Area, or that would alter natural water levels, drainage, sedimentation and/or flow in or over the
Conservation Easement Area, or cause soil degradation or erosion. Diking, dredging, alteration, draining,
filling or removal of wetlands or stream by the Grantor is prohibited. In addition, Grantor is prohibited from
diverting or causing or permitting the diversion of surface or underground water into, within or out of the
Conservation Easement Area by any means; polluting or discharging into waters, springs, seeps, or
wetlands; or using pesticides or biocides In the Conservation Easement Area unless agreed to in writing by
the NCDOT.
Conservation Standard Agreement
Page 3 of 9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 140.087014 Parcel: 004 SR# 1118
17. Grantor's Rights. The Grantor, for himself, his successors, assigns, invitees and licensees, hereby
reserves the right to quiet enjoyment of the Conservation Easement Area; the right of ingress and egress to
the Conservation Easement Area and all adjacent property of the Grantor; the right to continue such uses as
exist as of the date of this grant not inconsistent with this Conservation Easement; and the right to sell,
transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale,
transfer or gift conveyance is subject to the terms of this Conservation Easement and written notice is
provided to the NCDOT in accordance with the provisions herein below.
18. NCDOT's Rights. The NCDOT reserves the right to use the Conservation Easement Area in any way
necessary, consistent with the terms herein, to undertake any activities to protect, restore, manage, maintain„
or overall improve stream functional values, and monitor the mitigation work, as described in the Conceptual
Restoration Plan "Exhibit C" for the Conservation Easement Area, in order to mitigate for impacts to streams
resulting from road construction. These mitigation activities include, but are not limited to, construction of
new stream channels; restoration/stabilization of existing stream channels; installation of natural and
manmade materials as needed to direct in-stream, above ground, and subterraneous water flow; planting of
trees, shrubs and herbaceous vegetation; and utilization of heavy equipment to grade, fill, and prepare the
soil. The NCDOT further reserves the right to monitor the results of the mitigation activities in perpetuity arrd
to repair or restore any damage to the Conservation Easement Area occurring after initial completion of the
construction associated with mitigation activities.
ARTICLE III. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor to bring any action against NCDOT for any injury
or change in the Property resulting from causes beyond the NCDOT's control, including fire, flood, storm, war, acts of God
or third parties, or from any prudent action taken in good faith by NCDOT under emergency conditions to prevent, abate,
or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such
causes, in accordance hereunder. ,
The NCDOT has the right to prevent any action on or use of the Conservation Easement Area that is inconsistent
with the purpose of this Conservation Easement and to require the restoration of such areas or features of the
Conservation Easement Area that may be damaged by any inconsistent activity or use. If the NCDOT determines that the
Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, NCDOT shall give
written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the
violation involves injury to the Conservation Easement Area resulting from any use or activity inconsistent with the purpose
of this Conservation Easement, to restore the portion of the Conservation Easement Area so injured. If Grantor fails to
cure the violation within thirty (30) days after receipt of notice thereof from NCDOT, or under circumstances where the
violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30)
day period, or fails to continue diligently to cure such violation until finally cured, NCDOT may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex
parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation
of the terms of this Easement, including damages for the loss of conservation values, and to require the restoration of the
Conservation Easement Area to the condition that existed prior to any such injury. If the NCDOT, In its sole discretion,
determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation
values of the Conservation Easement Area, the NCDOT may pursue its remedies without prior notice to the Grantor.
NCDOT shall exercise reasonable efforts to notify the Grantor and shall, in any event, notify Grantor within two business
days after action is taken to explain the action undertaken.
NCDOT's remedies shall be cumulative and shall be in addition to any other rights and remedies available to
NCDOT at law or equity. Any cost incurred by NCDOT in enforcing the terms of this Conservation Easement against
Grantor or its successors or assigns, including, without limitation, costs of suit and attorney's fees, and any costs of
restoration necessitated by Grantor's violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the NCDOT to enforce any covenant or provision hereof shall be a waiver to discharge or
invalidate such covenant or any other covenant, condition, or provision hereof or affect the right of NCDOT to enforce the
same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the NCDOT for use of the Conservation Easement Area in a
way that is inconsistent with the purpose of this Conservation Easement. Any cost incurred by Grantor in enforcing the
terms of this Conservation Easement against NCDOT or its successors or assigns, including, without limitation, costs of
suit and attorney's fees, shall be borne by NCDOT.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT and Grantor may amend this Conservation Easement or Permanent Access
Easement only by a jointly executed written agreement, and provided that no amendment will be allowed that is
inconsistent with the purposes stated herein, and provided that it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B, Exhibit C and Plat recorded in Cabinet
Slide
of the _ Swain _ County Registry are incorporated in and made a part of this instrument by reference. The parties
acknowledge that the Conceptual Restoration Plan, developed by NCDOT and dated March 17,2003 "Exhibit C",
a copy of which is on file at the office of the NCDOT, and which is also attached hereto and incorporated herein, describes
the plan for mitigation activities in the Conservation Easement Area.
Conservation Standard Agreement
Page 4of9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parcel: 004 SR# 1118
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are seized of the
Property in fee simple and have good right to grant and convey the aforesaid Conservation Easement and Permanent
Access Easements of Ingress and Egress; that the Conservation Easement Area and Permanent Access Easements are
free and clear of any and all encumbrances, except easement and leases of record or in effect by prescriptive rights as of
the date hereto, and Grantors covenant that the NCDOT shall have the use of and enjoy all of the benefits derived from
and arising out of the aforesaid easements conveyed. The easements conveyed herein shall run with the land and must
be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered or certified mail,
return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes
in writing upon notification to the other.
E. Entire Agreement. This instrument sets forth th,e entire agreement of the parties with respect to the
Conservation Easement and Easements of Ingress and Egress and supersedes all prior discussions, negotiations,
understandings or agreements relating to the said easements. If any provision is found to be invalid, the remainder of the
provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than
those as to which is found to be invalid, shall not be affected thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in timely fashion in the
Swain County, North Carolina, Registry and may re-record it at any time as may be required to preserve its right
under this Conservation Easement.
G. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate
comprehensive general liability insurance coverage. Grantor shall keep the Property free of any liens arising out of any
work performed for, materials furnished to, or obligations incurred by Grantor. Grantor shall pay before delinquency all
taxes, assessments, fee, and charges of whatever description levied on or assessed against the Property by competent
authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation Easement,
and shall furnish NCDOT with satisfactory evidence of payment upon request.
H. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the North
Carolina enabling statute set forth in N.C.G.S., 121-34, which authorizes the creation of Conservation Easements for
purposes including those set forth in the recitals herein, and the conservation purposes of this Conservation Easement,
including such purposes as are defined in Section 170(h)(4)(A) of the Internal Revenue Code.
1. Conservation Purpose. The NCDOT, for themselves, and their successors and assigns agree that this N
Conservation Easement shall be held exclusively for conservation purposes. The parties hereto recognize and agree that
the benefits of this Conservation Easement are in gross and assignable, provided, however, that the NCDOT hereby
covenants and agrees that in the event they transfer or assign this Conservation Easement they hold under, the
organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder, which is organized or
operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) and section 2301 of the Internal
Revenue Code, and the NCDOT further covenants and agrees that the terms of the transfer or assignment will be such
that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the
contribution was originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement and Easement of Ingress and Egress unto the
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, its successors and assigns, forever. The rights and
obligations set forth herein shall inure to and be binding upon the Grantor and the NCDOT, their heirs, executors,
administrators, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this instrument to be
signed in their respective names by authority duly given, the day and year first above written.
0--ZZMtz? (SEAL) (SEAL)
Thad W. Breedlove Margaret S. Breedlove
(SEAL)
(SEAL)
Conservation Standard Agreement
Page 5 of 9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parce1:004 SR# 1118
NORTH CAROLINA, SWAIN COUNTY
I, Wm. Dale Davis a Notary Public of the County and State aforesaid, certify that
Thad W. Breedlove and wife Margaret S. Breedlove
GRANTORS, personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the 15th day of December, 2004
My Commission Expires 6 / 2 / 2008
lo.
ACCEPTED FO"THE DEPARTMENT OF TRANSPORTATION BY:
Notary Public
Teddy L. Greene,
14th Division Right of Way Agent
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered on the day of
,20 in Book , Page at o'clock M.
REGISTER OF DEEDS FOR Swain COUNTY
BY: Deputy/Assistant - Register of Deeds
Conservation Standard Agreement
Page 6 of 9
Rev. August 2002
County: Swain Project: 6.99207 WBS: 14C.087014 Parcel: 004 SR# 1118
"EXHIBIT A"
The conservation easement area shown as containing 0.112 acres, being more particularly
shown and described on a plat entitled "State of North Carolina Department of Transportation
Conservation Easement Thad W. & Margaret Breedlove Property Swain County" and being
recorded in Cabinet Slide of the Swain County Registry.
State of North Carolina Department of Transportation.
Conservation Easement
Thad W. & Margaret Breedlove Property Swain County
BEGINNING at point A, said point being located South 46° 32' 06" West 22.50 ft. from Survey
Line L at Survey Station 3+60.55 Right, on a Survey done by Brian T. Moore dated September 9th,
2004 for Project 6.992071 Conservation Easement area on Parcel 04, SR 1118 Fred Breedlove
Road; thence South 43° 27' 54" East 88.57 ft. to point B; thence South 44° 25' 32" East 99.35 ft.
to point C; thence South 43° 42' 52" East 98.84 ft. to point D; thence South 41° 56' 36" East 48.59
ft to point E; thence South 45° 07' 25" East 102.08 ft. to point F; thence South 46° 09' 33" East
36.28 ft. to point G; thence South 56° 48' 43" West 12.31 ft. to point H; thence North 39° 37' 45"
West 26.08 ft. to point J; thence North 47° 47' 53" West 57.83 ft. to point K; thence North 46° 38'
32" West 50.35 ft. to point L; thence North 40° 3 P 41" West 52.18 ft. to point M; thence North 43°
07' 25" West 48.03 to point N; thence North 40° 45' 57" West 48.94 ft. to point P; thence 46° 52'
45" West 48.63 ft. to point Q; thence North 42° 22' 43" West 51.61 ft. to point R; thence North 43
° 18' 25" West 49.48 ft. to point S; thence North 42° 52' 49" West 40.76 ft. to point T; thence North
60° 04' 41" East 8.40 ft. to the point of BEGINNING.
Conservation Standard Agreement
Page 7 of 9
Rev. August 2002
County: Swain Proiect: 6.992071 WBS: 14C.087014 Parcel: 004 SR# 1118
"EXHIBIT B"
Permanent Access Easement
The NCDOT and its authorized representatives shall have the right in perpetuity to enter the
Conservation Easement Area between the easement monuments set on the existing right of way
boundary of SR 1118 - Fred Breedlove Road. For a more specific location of said permanent
access easement, see plat titled "State of North Carolina Department of Transportation
Conservation Easement Thad W. & Margaret Breedlove Property Swain County" recorded in
Cabinet Slide of the Swain County Registry.

Conservation Standard Agreement
Page 8 of 9
Rev. August 2002
Coun : Swain Project: 6.99207 WBS: 14C.08701 Parcel: 004 SR# 1118
"EXHIBIT C"
The Conceptual Restoration Plan, otherwise known as the Mitigation Plan, entitled "Tarkiln
Branch Relocation, Swain County at SR 1118 Fred Breedlove Road" file at the office of the
North Carolina Department of Transportation, the Project Engineer being Jonathan Woodard and
the Design Engineers being Paul White and Mark Davis. This plan is incorporated herein by
reference.
V
Conservation Standard Agreement
Page 9 of 9
Rev. August 2002

Project Name:
Stream Name:
Basin Name:
Location:
Collection Date:
Data collected by:
Stream Reference Reach Data
Fred Breedlove Road - SR 1118 - Tarkiln Branch Date: Revised 3/17/03
Tarkiln Branch
Little Tennessee Drainage Area: 79 - 99 ACRES
8 miles west of Bryson City, 1.1 miles south of US 19/74 and 0.7 miles east of SR 1113
5/20/02
Kenneth McDowell, Jason Tilley, Ed Cabe, Harold Gribble, Mark Davis, Paul White
Summary of Stream Impairment and Restoration Goals:
Cross sections were taken at roadway station 2+75, 8+82 and 9+00 where channel forming indicators
could be seen. Those on the upper end were difficult to discern due to the grassed channel.
Longitudinal profiles were taken for 200 feet downstream from station 2+60 and from station 7+95
The stream section affected by the proposed channel change lies between stations 2+60 and 9+65
The Regional Curve indicated a bankfull discharge within the range supported by Manning's Equation
and flood frequency analysis for the 1 - 1.5 year return frequency. The bankful cross sectional area measured a'
Station 8+82 was revised downward March 17, 2003 after reviewing field notes and data from Wiggins Branch
The proposed bankful cross section was revised downward from the original design. Rock weirs and natural
fiber matting on 2:1 side slopes will be utilized for stability and vegetation will be established.
UPPER REACH LOWER REACH
Existing Proposed Existing Proposed
Bankfull WIDTH (Wbkf): 7.0 9.0 11 10
Mean DEPTH (Dbkf): 0.39 0.56 0.55 0.60
Proposed channel depth: 0.70
Bankfull X-sectional AREA (Abkf): 2.71 '5.00 6.00 6.00
Maximum DEPTH (d,,,bkf): 0.75 1.08 1.1 1.4
WIDTH of Flood-Prone Area (Wfpa): 30.0 20.0 20.0 20.0
Entrenchment Ratio (ER): 4.29 2.22 1.82 2.00
Width / Depth RATIO (Wbkf/dbkf): 18.1 16.2 20.0 16.7
Overall Channel SINUOSITY (K): existing = 1.0 proposed = 1.0
Thalweg slope: 0.052 0.052 0.043 0.043
STREAM TYPE: B B B B
* Middle reach will be similar
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CONSERVATION EASEMENT AND EASEMENTS OF INGRESS AND EGRESS
THIS INSTRUMENT DRAWN BY Wm. Dale Davis CHECKED BY
RETURN TO: NCDOT R[W
1594 East Main Street
Sylva, N.C. 28779
NORTH CAROLINA
COUNTY OF SWAIN
TAX MAP AND LOT
STATE HIGHWAY PROJECT:
F. A. PROJECT:
ID NUMBER:
PARCEL NUMBER:
ROUTE:
6.992071 WBS:14C.087014
N/A
N/A
002
SR# 1118 - Fred Breedlove Road
THIS CONSERVATION EASEMENT and EASEMENTS OF INGRESS AND EGRESS, made this the
22nd day of -December, 2004 by and between
Teresa B. Thomasson
41 Fred Breedlove Road
Bryson City, N.C. 28713
Hereinafter called the Grantor(s) and by the North Carolina Department of Transportation, 1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548, hereinafter called the "NCDOT", provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Township of Nantahala in Swain
County, North Carolina, as more particularly described in Book/Page 84/638, 115/162, 266/165 In the Swain County
Registry, which land is hereinafter referred to as the Property;
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose includes the construction of
transportation projects for public use and who has the authority to acquire land for the purpose of mitigating environmental
impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore 0.017 acres of stream in Swain County on the
said Property:
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 0.017 acres of the
Property "the Conservation Easement Area", thereby restricting and limiting the use of land within the Conservation
Easement Area to the terms and conditions and for the purposes hereinafter set forth, and to further grant a Permanent
Access Easement of Ingress and Egress to the Conservation Easement Area upon and along the Property as more
particularly set forth hereinafter;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S. § 121-34 et. seq.,
provides for the enforceability of restrictions, easements, covenants or conditions appropriate to retaining land or water
areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of Engineers (USACE),
must conduct certain off-site stream mitigation work to compensate for impacts to streams resulting from the construction
of SR# 1118 - Fred Breedlove Road
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement on the Property to
mitigate for the stream impacts, and such will satisfy the said permit conditions after the completion of the stream
monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation activities performed by the
NCDOT, to preserve and protect the conservation values of the Conservation Easement Area, to prevent any use of the
Conservation Easement Area that will significantly Impair or Interfere with these purposes, and to maintain permanently the
dominant woodland, scenic and natural character of the Conservation Easement Area designated on the Property as
hereinafter described.
Conservation Standard Agreement
Page 1 of 9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parcel: 002 SR# 1118
NOW THEREFORE, in consideration of the sum of 1.00 and other valuable considerations to the Grantor in hand
paid by the NCDOT, the receipt of which is Hereby acknowledged, and in further consideration of the mutual covenants,
terms, conditions, and restrictions hereinafter set forth. The Grantor hereby grants and conveys unto the NCDOT and Its
successors or assigns forever and in perpetuity a Conservation Easement, pursuant to the USACE Section 404 permit
requirements, of the nature and character and to the extent hereinafter set forth, in respect to the land of the grantor
situated in Swain County, North Carolina as described in "Exhibit A", and hereinafter referred to as the "Conservation
Easement Area", together with a Permanent Access Easement of Ingress and Egress ("Permanent Access Easement')
over and upon the remaining Property of the Grantors described in Book/Page 84/638, 115/162, 266/165 of the Swain
County Registry as a means of ingress and egress to and from the Conservation Easement hereinabove described, as
more particularly described in "Exhibit B". For a plat of the above described Conservation Easement and Easement of
Ingress and Egress, please see plat titled "State of North Carolina Department of Transportation Conservation
Easement Teresa B. Thomasson Property Swain County", Recorded in Cabinet Slide of the Swain
County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an easement in gross, runs
with the land and is enforceable by the NCDOT or its successors and/or assigns against the Grantor(s), Grantors heirs,
devisees, successors and assigns, lessees, agents and licensees.
B. Temporary Access Agreement. It is specifically understood by all parties to this document that a Temporary
Access Agreement over the Property is to be executed between the Parties and, will be valid until the completion of the
construction and monitoring of the stream mitigation project within the Conservation Easement Area of said Property of the
Grantor. The NCDOT and authorized representatives of the NCDOT shall have the right to access the Conservation
Easement Area through the Property pursuant to the Temporary Access Agreement in order to conduct the mitigation
activities, and shall have the right to place equipment and materials on the Property pursuant to the Temporary Access
Agreement. Upon completion of the monitoring period of said stream mitigation project, as described in Exhibit C, the
Conceptual Restoration Plan, the Temporary Access Agreement will dissolve.
C. Permanent Access Easement. In addition to the access provided by the Temporary Access Agreement
described above, and continuing in perpetuity after said Temporary Access Agreement has dissolved, the NCDOT, and
authorized representatives of the NCDOT, shall have the right in perpetuity to enter the Conservation Easement Area
through the Property over this Permanent Access Easement, as described more particularly in Exhibit B, at all reasonable
times to undertake additional mitigation activities as determined to be necessary by the NCDOT.
Further, the NCDOT, and authorized representatives of the NCDOT, shall have the right in perpetuity to enter the
Conservation Easement Area through the Property over this Permanent Access Easement in perpetuity, at all reasonable
times, for the purpose of inspecting said Conservation Easement Area to determine if the Grantor is complying with the
terms, conditions, restrictions, and purposes of this Conservation Easement. The NCDOT will notify the Grantor by phone,
email, or other correspondence before entering the Property for this purpose. However, if the NCDOT in Its sole discretion
determines that circumstances require immediate entry, such party is not required to notify Grantor prior to entry but will
notify Grantor within two business days of such entry.
D. Public Access. The easement rights granted herein do not include public access rights. However, the public
has the right to view the Conservation Easement Area from any adjacent publicly accessible areas.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Conservation Easement Area inconsistent with the purposes of this
Conservation Easement is prohibited. Unless expressly reserved as a compatible use herein, any activity in, or use of, the
Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of the Conservation
Easement. The Conservation Easement Area shall be maintained in its natural, scenic and open condition and restricted
from any development that would significantly Impair or interfere with the conservation values of this Conservation
Easement Area. Any rights not expressly reserved hereunder by the Grantor have been acquired by the NCDOT.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted
or reserved as indicated hereunder:
1. Disturbance of Natural Features: Any changes, disturbance, alteration or Impairment of the natural,
scenic and aesthetic features of the Conservation Easement Area or any introduction of non-native plants
and/or animal species is prohibited unless the NCDOT shall give its prior written consent or unless otherwise
expressly permitted herein
2. Agricultural. Grazing and Horticultural Use. Agricultural, grazing and horticultural use, including landscaping,
of the Conservation Easement Area is prohibited, Livestock shall only cross or access water at areas appointed
and agreed upon in the Conceptual Restoration Plan, attached as Exhibit C, and shown on the plat entitled "State
of North Carolina Department of Transportation Conservation Easement Teresa B. Thommasson Property Swain
County" recorded in Cabinet , Slide , of the Swain County Registry. In an emergency situation, in which
no other water source is available, livestock may access the stream for water at areas designated on the plat
entitled "State of North Carolina Department of Transportation Conservation Easement Teresa B. Thommasson
Property Swain County" recorded in Cabinet Slide , of the Swain Country Registry. Access is limited
to one side of the stream for a length not to exceed 30 linear feet and the Grantor shall notify the NCDOT in
writing at the address shown above within 3 business days of such access.
Conservation Standard Agreement
Page 2 of 9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parcel: 002 _SR# 1118
3. Stream Crossings. The Grantor, for herself, her successors, assigns, invitees and licensees, hereby
reserves the right to maintain the stream crossing agreed upon in the Conceptual Restoration Plan
"Exhibit C" and shown on the plat entitled "State of North Carolina Department of Transportation
Conservation Easement Teresa B. Thomasson Property Swain County" recorded in Cabinet,_,Slide of
the Swain County Registry. Specifically for this property this includes one 1 crossing of twenty (20) feet.
The NCDOT may agree to the Grantor moving existing stream crossings, Installing new crossings or
widening the existing stream crossings and construction and access easements, if needed in the future,
provided that any such request is consistent with the purposes of this Conservation Easement, the Grantor
obtains prior written approval from the NCDOT, and will be done with all necessary state and federal permits.
These crossings and construction and access easements shall not exceed a width of twenty (20) feet and
will be constructed in such a way that minimizes negative impacts to the stream and riparian vegetation.
4. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or plants in the
Conservation Easement Area, except in accordance with the Conceptual Restoration Plan, attached hereto
as Exhibit C, or upon written approval of the NCDOT. The gathering of firewood in the Conservation
Easement
Area shall be limited to dead trees, such that the gathering is consistent with purposes of this Conservation
Easement. Removal of large live trees may be allowed in some cases provided that any such request is
consistent with the purposes of this Conservation Easement and the Grantor obtains prior written approval
from the NCDOT.
5. Hunting and Fishing. Grantor expressly reserves the right to hunt and fish on the Conservation
Easement Area and to control access of all persons for the purpose of hunting and fishing; provided that
these activities do not impact the protection and conservation of any animal/trout habitat or other
conservation values of the Conservation Easement Area.
6. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of
underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
7. Mineral Use. Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no
removal of topsoil, sand, gravel, rock, peat, minerals or other material, and no change in the topography of
the land in any manner on the Conservation Easement Area nor shall there be any activities conducted on
the Conservation Easement Area or on adjacent property if owned by the Grantor and his successors which
would cause erosion or siltation on the Conservation Easement Area.
8. Industrial Use. Industrial activities in the Conservation Easement Area are prohibited.
8. Residential Use. Residential use of the Conservation Easement Area is prohibited.
10. Commercial Use. Commercial activities in the Conservation Easement Area are prohibited
11. New Construction. There shall be no building, shed, facility, mobile home, or other structure constructed
or placed in the Conservation Easement Area; provided, however, that the NCDOT expressly reserves the
right to install, operate and maintain structures for the purpose of reestablishing, protecting, and enhancing
stream functional values, including those described in the Conceptual Restoration Plan, Exhibit C, for the
Conservation Easement Area.
12. Si ns. No signs shall be permitted in the Conservation Easement Area except interpretive signs
describing restoration activities and the conservation values of the Conservation Easement Area, signs
identifying the owner of the Protected Property and the holder of the Conservation Easement, and signs
giving directions or proscribing rules and regulations for the use of the Conservation Easement Area.
13. Subdivision. In the event the burdened parcel is subdivided it is understood that the rights and duties
under this conservation easement run with the subdivided parcels and do not chance
14. Development Rights. No development rights, which have been encumbered or extinguished by this
Conservation Easement, shall be transferred pursuant to a transferable development rights scheme or
cluster development arrangement or otherwise.
15. Utilities. The installation of utility systems, including, without limitation, water, sewer, power, fuel, and
communication lines and related facilities, is prohibited. If there are existing utility easements (rights of way)
located in the Conservation Easement Area or affecting the Conservation Easement, Grantor shall notify the
NCDOT if right of way clearing or other work in the Conservation Easement Area is scheduled by the utility.
Any such clearing should be in keeping with the intent of the Conservation Easement.
16. Water Quality and Drainage Pattern. Grantor shall conduct no activities in the Conservation Easement
Area that would be detrimental to water quality or to any of the plants or habitats within the Conservation
Easement Area, or that would alter natural water levels, drainage, sedimentation and/or flow in or over the
Conservation Easement Area, or cause soil degradation or erosion. Diking, dredging, alteration, draining,
filling or removal of wetlands or stream by the Grantor is prohibited. In addition, Grantor is prohibited from
diverting or causing or permitting the diversion of surface or underground water Into, within or out of the
Conservation Easement Area by any means; polluting or discharging into waters, springs, seeps, or
wetlands; or using pesticides or biocides in the Conservation Easement Area unless agreed to in writing by
the NCDOT.
Conservation Standard Agreement
Page 3 of 9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parcel: 002 SR# 1118
17. Grantor's Rights. The Grantor, for herself, her successors, assigns, invitees and licensees, hereby
reserves the right to quiet enjoyment of the Conservation Easement Area; the right of ingress and egress to
the Conservation Easement Area and all adjacent property of the Grantor; the right to continue such uses as
exist as of the date of this grant not inconsistent with this Conservation Easement; and the right to sell,
transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale,
transfer or gift conveyance is subject to the terms of this Conservation Easement and written notice is
provided to the NCDOT in accordance with the provisions herein below.
18. NCDOT's Rights. The NCDOT reserves the right to use the Conservation Easement Area in any way
necessary, consistent with the terms herein, to undertake any activities to protect, restore, manage, maintain,
or overall improve stream functional values, and monitor the mitigation work, as described in the Conceptual
Restoration Plan "Exhibit C" for the Conservation Easement Area, in order to mitigate for impacts to streams
resulting from road construction. These mitigation activities include, but are not limited to, construction of
new stream channels; restoration/stabilization of existing stream channels; installation of natural and
manmade materials as needed to direct in-stream, above ground, and subterraneous water flow; planting of
trees, shrubs and herbaceous vegetation; and utilization of heavy equipment to grade, fill, and prepare the
soil. The NCDOT further reserves the right to monitor the results of the mitigation activities in perpetuity and
to repair or restore any damage to the Conservation Easement Area occurring after initial completion of the
construction associated with mitigation activities.
ARTICLE III. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor to bring any action against NCDOT for any injury
or change in the Property resulting from causes beyond the NCDOT's control, including fire, flood, storm, war, acts of God
or third parties, or from any prudent action taken in good faith by NCDOT under emergency conditions to prevent, abate,
or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such
causes, in accordance hereunder. ,
The NCDOT has the right to prevent any action on or use of the Conservation Easement Area that is inconsistent
with the purpose of this Conservation Easement and to require the restoration of such areas or features of the
Conservation Easement Area that may be damaged by any inconsistent activity or use. If the NCDOT determines that the
Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, NCDOT shall give
written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the
violation involves injury to the Conservation Easement Area resulting from any use or activity inconsistent with the purpose
of this Conservation Easement, to restore the portion of the Conservation Easement Area so Injured. If Grantor fails to
cure the violation within thirty (30) days after receipt of notice thereof from NCDOT, or under circumstances where the
violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30)
day period, or fails to continue diligently to cure such violation until finally cured, NCDOT may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex
parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation
of the terms of this Easement, Including damages for the loss of conservation values, and to require the restoration of the
Conservation Easement Area to the condition that existed prior to any such injury. If the NCDOT, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation
values of the Conservation Easement Area, the NCDOT may pursue its remedies without prior notice to the Grantor.
NCDOT shall exercise reasonable efforts to notify the Grantor and shall, in any event, notify Grantor within two business
days after action is taken to explain the action undertaken.
NCDOT's remedies shall be cumulative and shall be in addition to any other rights and remedies available to
NCDOT at law or equity. Any cost incurred by NCDOT in enforcing the terms of this Conservation Easement against
Grantor or its successors or assigns, including, without limitation, costs of suit and attorney's fees, and any costs of
restoration necessitated by Grantor's violation of the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the NCDOT to enforce any covenant or provision hereof shall be a waiver to discharge or
invalidate such covenant or any other covenant, condition, or provision hereof or affect the right of NCDOT to enforce the
same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the NCDOT for use of the Conservation Easement Area in a
way that is inconsistent with the purpose of this Conservation Easement. Any cost Incurred by Grantor In enforcing the
terms of this Conservation Easement against NCDOT or Its successors or assigns, including, without limitation, costs of
suit and attorney's fees, shall be borne by NCDOT.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDOT and Grantor may amend this Conservation Easement or Permanent Access
Easement only by a jointly executed written agreement, and provided that no amendment will be allowed that is
inconsistent with the purposes stated herein, and provided that it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B, Exhibit C and Plat recorded in Cabinet , Slide
of the Swain County Registry are incorporated In and made a part of this instrument by reference. The parties
acknowledge that the Conceptual Restoration Plan, developed by NCDOT and dated March 17,2003 "Exhibit C",
a copy of which is on file at the office of the NCDOT, and which is also attached hereto and incorporated herein, describes
the plan for mitigation activities in the Conservation Easement Area.
Conservation Standard Agreement
Page 4 of 9
Rev. August 2002
County: S ain Project: 6.992071 WBS: 14C.087014 Parcel: 002 SR# 1118
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are seized of the
Property in fee simple and have good right to grant and convey the aforesaid Conservation Easement and Permanent
Access Easements of Ingress and Egress; that the Conservation Easement Area and Permanent Access Easements are
free and clear of any and all encumbrances, except easement and leases of record or in effect by prescriptive rights as of
the date hereto, and Grantors covenant that the NCDOT shall have the use of and enjoy all of the benefits derived from
and arising out of the aforesaid easements conveyed. The easements conveyed herein shall run with the land and must
be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered or certified mail,
return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes
in writing upon notification to the other.
E. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and Easements of Ingress and Egress and supersedes all prior discussions, negotiations,
understandings or agreements relating to the said easements. If any provision is found to be invalid, the remainder of the
provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than
those as to which is found to be invalid, shall not be affected thereby.
F. Recording. The NCDOT shall record this instrument and any amendment hereto in timely fashion in the
Swain County, North Carolina, Registry and may re-record it at any time as may be required to preserve its right
'tinder this Conservation Easement.
G. Costs and Liabilities. The Grantor retains all responsibilities and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate
comprehensive general liability insurance coverage. Grantor shall keep the Property free of any liens arising out of any
work performed for, materials furnished to, or obligations incurred by Grantor. Grantor shall pay before delinquency all
taxes, assessments, fee, and charges of whatever description levied on or assessed against the Property by competent
authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation Easement,
and shall furnish NCDOT with satisfactory evidence of payment upon request.
H. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the North
Carolina enabling statute set forth in N.C.G.S, 121-34, which authorizes the creation of Conservation Easements for
purposes including those set forth in the recitals herein, and the conservation purposes of this Conservation Easement,
including such purposes as are defined in Section 170(h)(4)(A) of the Internal Revenue Code.
1. Conservation Purpose. The NCDOT, for themselves, and their successors and assigns agree that this
Conservation Easement shall be held exclusively for conservation purposes. The parties hereto recognize and agree that
the benefits of this Conservation Easement are in gross and assignable, provided, however, that the NCDOT hereby
covenants and agrees that in the event they transfer or assign this Conservation Easement they hold under, the
organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal
Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder, which is organized or
operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) and section 2301 of the Internal
Revenue Code, and the NCDOT further covenants and agrees that the terms of the transfer or assignment will be such
that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the
contribution was originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement and Easement of Ingress and Egress unto the
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, its successors and assigns, forever. The rights and
obligations set forth herein shall inure to and be binding upon the Grantor and the NCDOT, their heirs, executors,
administrators, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this instrument to be
signed in their respective names by authority duly given, the day and year first above written.
/W__?_ _ (SEAL)
Teresa B. Thomasson, individual
(SEAL)
(SEAL)
SEAL)
Conservation Standard Agreement
Page 5 o l-9
Rev. August 2002
County: Swain Project: 6.992071 WBS: 14C.087014 Parcel:002 SR# 1118
NORTH CAROLINA, SWAIN COUNTY
I, Wm. Dale Davis a Notary Public of the County and State aforesaid, certify that
Teresa B. Thomasson, Individual
GRANTORS, personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the 22nd day of December, 2004.
My Commission Expires 6/2/2008
..c, U Q ?.1 G.' a,' •r,
ACCEPTED EOf2'DEPARTMENT OF TRANSPORTATION BY:
Notary Public
Teddy L. Greene
14th Division Right of Way Agent
The foregoing Certificate(s) of v
is/are certified to be correct. This instrument and this certificate are duly registered on the day of
,20 in Book , Page at o'clock M.
REGISTER OF DEEDS FOR Swain COUNTY
BY
Deputy/Assistant - Register of Deeds
Conservation Standard Agreement
Page 6 of 9
Rev. August 2002
Coun .: Swain Proiect: 6.99207 WBS: 14C.087014 Parcel: 002 SR# 1118
"EXHIBIT A"
The conservation easement area shown as containing 0.017 acres, being more
particularly shown and described on a plat entitled "State of North Carolina Department of
Transportation Conservation Easement Teresa B. Thomasson Property Swain County"
and being recorded in Cabinet Slide of the Swain County Registry.
State of North Carolina
Department of Transportation Conservation Easement
Teresa B. Thomasson Property
Swain County
BEGINNING at point A, said point being located South 45° 28' 05" West 22.50 ft.
from Survey Line L, at Survey Station 2+60 Right, on a Survey done by Brian T. Moore dated
September 9`", 2004 for Project: 6.992071 Conservation Easement area on Parcel 02, SR 11181
Fred Breedlove Road; thence South 44° 31' 55" East 75.78 ft. to point B; thence South 431 27'
54" East 9.75 ft. to point C; thence South 61 ° 53' 07" West 8.45 ft. to point D; thence North 42 °
52' 49" West 7.55 ft. to point E; thence North 46° 19' 44" West 48.42 ft. to point F; thence
North 41 ° 25'.26" West 27.23 ft. to point G; thence North 45° 28' 05" East 8.12 ft. to the point
of BEGINNING.
Conservation Standard Agreement
Page 7 of 9
Rev. August 2002
County: Swain Proiect: 6.992071 WBS: 14C.087014 Parcel: 002 SR# 1118
"EXHIBIT B"
Permanent Access Easement
The NCDOT and its authorized representatives shall have the right in perpetuity to enter the
Conservation Easement Area between the easement monuments set on the existing right of way
boundary of SR 1118 - Fred Breedlove Road, specifically monuments. For a more specific
location of said permanent access easement, see plat titled "State of North Carolina Department
of Transportation Conservation Easement Teresa B. Thomasson Property Swain County"
recorded in Cabinet Slide of the Swain County Registry.

Conservation Standard Agreement
Page 8 of 9
Rev. August 2002
County: Swain Proiect_6.99207 WBS: 14C.08701 Parcel: 002 SR# 1118
"EXHIBIT C"
The Conceptual Restoration Plan, otherwise known as the Mitigation Plan, entitled "Tarkiln
Branch Relocation, Swain County at SR 1118 Fred Breedlove Road" file at the office of the
North Carolina Department of Transportation, the Project Engineer being Jonathan Woodard and
the Design Engineers being Paul White and Mark Davis. This plan is incorporated herein by
reference.
4
Conservation Standard Agreement
Page 9 of 9
Rev. August 2002
r

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
April 1, 2003
Swain County
DWQ Project No. 020199
Proposed stream relocation of Tarkiln Branch on SR 1118 (Fred Breedlove Road)
Mr. C.R. Styles, P.E., District Engineer
NCDOT District Engineer
P.O. Box 250
Bryson City, NC 28713
Dear Mr. Styles:
The Division of Water Quality staff has reviewed your submittal for a §401 Water Quality Certification
for the aforementioned project and the revised natural stream design for Tarkiln Branch received on
March 20, 2003. Review of the stream design revealed deficiencies in the following areas:
1. Plan Detail
¦ The typical plan for the riffle section includes bankfull benches. Such features on streams with valley
or bench slopes in excess of 2% may not be stable depending on width and slope. As such, it is
recommended that the typical section be revised to account for the steep slopes.
¦ Please provide a longitudinal plan profile of the design stream that shows the elevations of the top of
bank, bankfull, and thalweg.
¦ Please show the location of existing stream (both banks), the proposed stream (both banks), in stream
structures, bank stabilization, fence lines, easement lines, vegetation planting plan on the site plans.
2. Bank Stabilization
¦ Please provide typical plans for all bank stabilization/revetment structures. Please specify the
location where bank stabilization/revetment structures are to be employed on the site plans.
3. Riparian Buffers and Planting Plan
Forest vegetation with a survival density of 320 trees per acres after five years is required. A planting
plan must be provided for the proposed stream buffers. The planting plan should include tree planting
densities of the appropriate native species that will result in a survival rate of 320 trees per acre after five
years. Please revise the site plans to include the extent and nature of the plantings and buffers.
4. Morphological Measurements
¦ The morphological measurements provided do not appear to be congruent with the proposed stream
type/plan.
¦ Please fill out and provide the morphological measurements table found in Appendix B of the
Internal Technical Guide for Stream Work in North Carolina, (April 2001). This document is located
on the Wetlands Unit web site at http://h2o.ehnr.state.nc.us/ncwetlands/restore.html.
7, Y? tM?r?
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/
5. Sediment Transport Analysis
¦ A sediment transport analysis in necessary to show that the stream bed and banks would not be
expected to degrade or aggrade over time.
6 Physical Monitoring
¦ Please provide a physical monitoring plan. It is recommended that the plan be based on the Wetland
Restoration Program's Draft Physical and Vegetation Monitoring Outline (Success Criteria) available
at http://h2o.ehnr.state.nc.us/ncwetlands/restore.html.
Therefore, pursuant to 15A NCAC 2H.0507(a)(3), the permit application is placed on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of
Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place
the permit application on hold.
We look forward to working with you to expedite the processing of your permit application. If you have
any questions or require additional information, please contact Cynthia F. Van Der Wiele at
919.733.5715.
y,
V- e 16-)?
Dorney
Quality rtificati Program
pc: USACE Wilmington Regulatory Office
John Hendrix, USACE Asheville Field Office
Mark S. Davis, Division 14 Environmental Officer
Todd St. John, NCDWQ
NCDWQ Asheville Regional Office
Own F. Anderson, NCWRC
File Copy
... )-
?,\
M
?. AR o ? 100
North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
March 4, 2003
Mr. John W. Hendrix
U. S. Army Corps of Engineers
Regulatory Branch FILE COPY
151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006
SUBJECT: U. S. Army Corps of Engineers (COE) Action No. 200330413, The North
Carolina Department of Transportation, Division of Highways, 1548 Mail Service
Center, Raleigh, North Carolina 27699-1548 has applied for a Department of the
Army (DA) permit TO DISCHARGE DREDGED OR FILL MATERIAL INTO THE
WATERS OF TARKILN BRANCH AND UNNAMED TRIBUTARIES,
IMPACTING A TOTAL OF 743 LINEAR FEET OF STREAM CHANNEL,
ASSOCIATED WITH ROADWAY WIDENING AND PAVING OF 0.81 MILES
OF SR 1118 (FRED BREEDLOVE ROAD) FROM SR 1117 TO END OF ROAD
NEAR THE LITTLE TENNESSEE RIVER, SWAIN COUNTY, NORTH
CAROLINA.
Staff biologists with the NCWRC have reviewed the subject document and are familiar
with fish and wildlife resources of the area. A site visit was made on February 28, 2003. Our
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C.
466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
The applicant proposes to widen, grade and pave the existing unpaved, gravel road and to
make it a two-lane, 18-foot-wide paved facility with 5-foot shoulders, and a 3-foot ditch on the
cut slope side of the road, on existing alignment. The proposed project would impact Tarkiln
Branch and its two small, unnamed tributaries at 5 sites along the road corridor. The project will
be approximately 0.81 miles in length, and will involve the replacement and extension of an
existing metal culvert in Tarkiln Branch and the replacement and extension of two existing metal
culverts in unnamed tributaries to Tarkiln Branch. A total of 58-linear feet of permanent channel
loss will result from the extension of these culverts. 685-linear feet of stream channel will be
relocated 15-feet south of the existing channel and the old channel will be filled to construct the
widened road. The new channel will be designed using natural channel design principles,
including reference reach information.
The Division of Water Quality classifies Tarkiln Branch as class C waters and the stream
is not designated as a trout stream by the NCWRC. Habitat in Licklog Creek appears to have
been significantly degraded by sediment running off of SR 1118. The reach that is proposed to
be relocated is very small and most likely does not support fish or mussels. The lower end of
Mailing Address: Division of Inland Fisheries' 1721 Mail Service Center' Raleigh, NC 27699-1721
Telenhnne: [phone] ext. 291 ' Fax: [phone]

this stream, just upstream of the confluence with the Little Tennessee River, is larger and may
provide habitat for rare mussels and fish species. A number of rare, federal and state listed
species have been collected in the Little Tennessee River, close to the confluence with Tarkiln
Branch. There are records of the stonecat (Nolurus f avus), a state endangered species; the
littlewing pearlymussel (Pegias fabula), a state and federally endangered species and the spotfin
chub (Hybopsis monacha). Therefore, protecting water quality and maintaining habitat
connectivity and stable streambanks are very important in this drainage.
Tarklin Branch along SR 1118 is small and severely impacted by runoff from the existing
gravel roadway. The are areas in the steam along the roadway where sediment has built causing
the stream to agrade and it is now just below the elevation of the road. On high water the stream
runs on the roadway causing more sediment to enter the stream. Paving this road should benefit
the stream by eliminating a major sediment source.
In general the proposed channel design for the relocated section appears adequate.
However, we are concerned because reference reach information was taken off of the existing
stream, which is unstable and provides poor reference conditions. We did locate where reference
cross-sections were taken and only one of those, site 2, was somewhat stable and had good
bankfull indicators. The other sites had poor reference conditions. Comparisons with regional
curves are beneficial but are not as important as the reference reach. Regional curves are less
accurate when applied to small streams like this one because they are based on larger streams.
We feel like the design should be evaluated by comparing it to a more stable reference reach
close to this site. There are a number of small channels in the Needmore Road area that can be
used for this purpose. A longitudinal profile and cross-sections should be taken and compared to
the proposed design.
NCWRC is concerned about the potential impacts to aquatic resources within this
drainage, including listed species downstream of the project. We can concur with the issuance of
a 404 permit provided the following conditions are placed on the subject permit:
1. Adequate sedimentation and erosion control measures must be implemented prior to
any ground-disturbing activities to minimize impacts to downstream aquatic
resources. Temporary or permanent herbaceous vegetation should be planted on all
bare soil within 15 days of ground disturbing activities to provide long-term erosion
control. Areas around stream crossings and surface waters should be seeded by hand
and mulched with erosion control matting instead of straw.
2. Small (<36 inches) culverts should be placed with the floor of the barrel at least six
inches below the level of the stream bottom and larger (36-inch diameter or larger)
culverts should be placed with the floor of the barrel approximately 12 inches below
the level of the stream bottom to allow natural stream bottom materials to become
established in the culvert 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. Existing culverts that are perched need to be corrected to provide
connectivity of habitat.
3. Over widened stream areas in vicinity of culvert replacement/extensions should be
restored to the proper width/depth ratio to prevent continued impacts from the culvert
and road.
4. Under no circumstances should rock, sand, or other materials be dredged from the
wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life,
and disturbance of the natural form of the stream channel will likely cause
downstream erosion problems, possibly affecting adjacent landowners.
5. If concrete is used during culvert installation (headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Uncured concrete affects water quality and is highly toxic to fish and other aquatic
organisms.
6 The new channel should be configured so that it will be stable and should be based on
a stable reference reach. Dimension, pattern and profile should be similar to a
reference reach in the area of Tarklin Branch. New reference reach data should be
collected and the design evaluated based on this information. The banks and riparian
zone of the new channel should be planted with appropriate native trees and woody
shrubs.
7 The upstream side of the rock structures that are proposed to be built should be sealed
with an eresion control fabric. This will keep the fine soils from washing through the
boulders and undermining the structure.
8 If possible, stormwater should be directed to buffer areas or retention basins and
should not be routed directly into streams.
8. Rock check dams at culvert outlets should be removed once the project is stabilized.
This will allow upstream migration of aquatic organisms during periods of low now.
9. Riprap placed for bank stabilization should be limited to the streambank below the
high water mark, and vegetation should be used for stabilization above the high water
elevation.
10. All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids or other toxic materials.
11. Discharging hydroseeding mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is strictly prohibited.
'T'hank you for the opportunity to review and comment on this project. Pending
availability of field staff, the NCWRC may inspect the work site during or after construction. If
there are any questions regarding these comments, please contact me at [phone].
Sincerely,
Micky Clemmons
Stream Restoration Coordinator
for
Owen F. Anderson
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. C. R. Styles, District Engineer, NCDOT
Mr. E. L. Ingle, Area Roadside Environmental Engineer, NCDOT
Mr. Mark Davis, Division 14 Environmental Officer, NCDOT
401 GROUP
4 ?.003
y ?.n . WATEP 0UAL I Ty
SECTION
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 17, 2003
MEMORANDUM
TO: Mark S. Davis
BILE COPY l°°°
Division 14 Environmental Officer
FROM: Paul R. White 1XV
Division Staff Engineer
SUBJECT: Revised natural stream design for Tarkiln Branch along Fred Breedlove Road
SR 1118
Swain County
Attached are the revised sheets for the cross section design for the Tarkiln Branch relocation.
The previous design actually resulted in a cross sectional area of 6.22 sq. ft. instead of the 7.00
indicated on the summary sheet due to the depth dimension being a proposed channel depth in
lieu of a mean depth. After reviewing the field notes and the data from Wiggins Branch, this was
revised downward further to a cross sectional area of 6.00 sq. ft. and a channel width and depth
of 10.0 feet and 0.70 feet. The rationale was that the drainage area of Tarkiln Branch would
merit a slightly larger bankful cross section than the more wooded Wiggins Branch drainage area.
The expected flow from the Manning Equation at the existing riffle slope and the measured
bankful cross section area compares favorably with extrapolated hydraulic calculations of the
flow for a return interval of 1.5 years, and is slightly less than the regional curve extension.
If further considerations are needed, please let me know.
' ina 28779
Fouirteenth Dt%ion Office;, 253 Webster Road, Sylva,North C "arol
Tntnnhnna Rhft_CSV,_91 di' urulw Anh tint state nr ua , FAN' R2R..SR64043
Tarkiln.xls
Stream Reference Reach Data
Project Name
Stream Name
Basin Name:
Location:
Fred Breedlove Road - SR 1118 - Tarkiln Branch Date: Revised 3/17/03
Tarkiln Branch
Little Tennessee Drainage Area: 79 - 99 ACRES
8 miles west of Bryson City, 1.1 miles south of US 19/74 and 0.7 miles east of SR 1113
Collection Date: 5/20/02
Data collected by: Kenneth McDowell, Jason Tilley, Ed Cabe, Harold Gribble, Mark Davis, Paul White
Summary of Stream Impairment and Restoration Goals:
Cross sections were taken at roadway station 2+75, 8+82 and 9+00 where channel forming indicators
could be seen. Those on the upper end were difficult to discern due to the grassed channel.
Longitudinal profiles were taken for 200 feet downstream from station 2+40 and from station 7+95.
The stream section affected by the proposed channel change lies between stations 2+40 and 9+65.
The Regional Curve indicated a bankfull discharge within the range supported by Manning's Equation
and flood frequency analysis for the 1 - 1.5 year return frequency. The bankful cross sectional area measured
Station 8+82 was revised downward March 17, 2003 after reviewing field notes and data from Wiggins Branch.
The proposed bankful cross section was revised downward from the original design. Rock weirs and natural
fiber matting on 2:1 side slopes will be utilized for stability and vegetation will be established.
UPPER REACH LOWER REACH
Existing Proposed Existing Proposed
Bankfull WIDTH (Wbkf): 7.0 9.0 11 10
Mean DEPTH (Dbkf): 0.39 0.56 0.55 0.60
Proposed channel depth: 0.70
Bankfull X-sectional AREA (Abkf): 2.71 5.00 6.00 6.00
Maximum DEPTH (dR,bkf): 0.75 1.08 1.1 1.4
WIDTH of Flood-Prone Area (Wipe): 30.0 20.0 20.0 20.0
Entrenchment Ratio (ER): 4.29 2.22 1.82 2.00
Width / Depth RATIO (Wbkf/dbkf): 18.1 16.2 20.0 16.7
Overall Channel SINUOSITY (K): existing = 1.0 proposed = 1.0
Thalweg slope: 0.052 0.052 0.043 0.043
STREAM TYPE: B B B B
* Middle reach will b e similar
LOCATION MAP
see original submittal
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imapl/todd.st.john%40dwq.denr.ncmai 1. net @ nplex I mcmail.net:143/f...
Subject: SR 1118 Swain Co. DWQ#020199
From: "Todd St. John" <[e-mail]>
Date: Mon, 31 Mar 2003 07:47:20 -0500 C 0 P Y
To:"cynthia.vanderwiele" <[e-mail]> FILE CC.. Todd St. John <[e-mail]>
Cynthia,
Here are my comments on the subject design....
1. Plan Detail
The typical plan for the riffle section includes bankfull benches. Such features on
streams with valley or bench slopes in excess of 2% may not be stable depending on
width and slope. As such, it is recommended that the typical section be revised to
account for the steep slopes.
Please provide a longitudinal plan profile of the design stream that shows the
elevations of the top of bank, bankfull, and thalweg.
Please show the location of existing stream (both banks), the proposed stream (both
banks), in stream structures, bank stabilization, fence lines, easement lines,
vegetation planting plan on the site plans.
2. Bank Stabilization
Please provide typical plans for all bank stabilization/revetment structures. Please
specify the location where bank stabilization/revetment structures are to be employed
on the site plans.
3. Riparian Buffers and Planting Plan
Forest vegetation with a survival density of 320 trees per acres after five years is
required. A planting plan must be provided for the proposed stream buffers. The
planting plan should include tree planting densities of the appropriate native
species that will result in a survival rate of 320 trees per acre after five years.
Please revise the site plans to include the extent and nature of the plantings and
buffers.
4. Morphological Measurements
The morphological measurements provided do not appear to be congruent with the
proposed stream type/plan.
Please fill out and provide the morphological measurements table found in Appendix B
of the Internal Technical Guide for Stream Work in North Carolina, April 2001 that
can be downloaded from the Wetlands Unit web site at
http://h2o.ehnr.state.nc.us/ncwetlands/restore.html.
5. Sediment Transport Analysis
A sediment transport analysis in necessary to show that the stream bed and banks
would not be expected to degrade or aggrade over time.
6. Physical Monitoring
Please provide a physical monitoring plan. It is recommended that the plan be based
on the Wetland Restoration Program's Draft Physical and Vegetation Monitoring Outline
(Success Criteria) available at http://h2o.ehnr.state.nc.us/ncwetlands/restore.html.
1 of 1 3/31/03 7:47 AM
DEPARTIIIENT OF THE ARIITY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200330413
PUBLIC NOTICE

February 6, 2003
The North Carolina Department of Transportation, Division of Highways, 1548 Mail Service
Center, Raleigh, North Carolina 27699-1548, has applied for a Department of the Army (DA) permit
TO DISCHARGE DREDGED OR FILL MATERIAL INTO THE WATERS OF TARKILN
BRANCH AND UNNAMED TRIBUTARIES, IMPACTING A TOTAL OF 743 LINEAR FEET OF
STREAM CHANNEL, ASSOCIATED WITH ROADWAY WIDENING AND PAVING OF 0.81
MILE OF SR 1118 (FRED BREEDLOVE ROAD) FROM SR 1117 TO END OF ROAD NEAR
THE LITTLE TENNESSEE RIVER, SWAIN COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and from
observations made during an onsite visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed widening, grading and paving of the existing
unpaved, gravel road to a two-lane, 18-foot-wide paved facility with 5-foot shoulders, and a 3-foot
ditch on the cut slope side of the road, on existing alignment. The proposed project would impact
Tarkiln Branch and its two small tributaries, at 5 sites along the road corridor. The project will be
approximately 0.81 miles in length, and will involve the replacement/extension of an existing 37-
foot by 24-inch metal culvert in Tarkiln Branch (a two-foot-wide perennial stream) with a 50-foot by
24-inch metal culvert (Site 1); and the replacement of an existing 20-foot by 18-inch metal culvert
with a new 40-foot by 24-inch metal culvert in an unnamed intermittent tributary of Tarkiln Branch
(Site 3); and the replacement of an existing 35-foot by 24-inch metal culvert with a new 60-foot by
36-inch metal culvert in a one-foot-wide perennial tributary of Tarkiln Branch (Site 4). A total of 58
linear feet of new, permanent stream channel loss would result from the proposed construction of
these culvert replacements and associated filling. In addition, 685 linear feet of Tarkiln Branch at
Sites 2A and 213 would be permanently filled to construct the proposed road widening. The stream
channel would be relocated, shifted approximately 15 feet south of its existing location, and continue
to run along the edge of the new 45-foot road right-of-way of SR 1118. The relocated stream
channel is designed as a natural channel, using the existing channel as reference, and-would
incorporate natural rock vane weirs to provide step pools and grade control in higher sloped reaches,
and include stabilization with native vegetation planting and fiber matting. The project would thus
result in 58 linear feet of permanent impacts to stream channel from culvert installation at
road/stream crossings, and 685 linear feet of impacts to stream channel via filling for road widening.
The 685-foot channel relocation of Tarkiln Branch would utilize natural design teelmiques. As a
result, there would be a permanent net loss of 58 linear feet of functional stream channel from the
proposed work.
The applicant proposes no mitigation for stream impacts, other than the proposed channel
relocation of Tarkiln Branch. The purpose of the proposed work is to improve the roadway to meet
current NCDOT secondary road standards as mandated by North Carolina general statute. Plans
showing the proposed work are included with this public notice.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit will
be issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this agency, nor will a DA permit be issued until the North Carolina Department of Environment and
Natural Resources (NCDENR) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in this
notice, that a public hearing be held to consider this application. Requests for public hearing shall
state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this worksite is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence
of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may
be lost or destroyed by work under the requested pen-nit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably maybe expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so
the conditions under which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national concern for both protection
and utilization of important resources. All factors which may be relevant to the proposal must be
considered including the cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood
hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, apermit
will be granted unless the District Engineer determines that it would be contrary to the public
interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties,
water quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or
not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act.
The application and this public notice for the Department of the Army (DA) permit serves as
application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the 401 Wetlands Certification Unit, North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Blvd., Raleigh, North Carolina 27604. Copies of such materials will be furnished to
any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
Wetlands Section, 1621 Mail Service Center, Raleigh, North Carolina 27626-0621, on or before
February 28, 2003, Attention: Mr. John Domey.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Mr. John W. Hendrix, until 5:00 p.m., March 7, 2003, or telephone (828) 271-
7980, extension 7.
authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be contrary to the public
interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties,
water quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or
not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act.
The application and this public notice for the Department of the Army (DA) permit serves as
application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification maybe reviewed at the
offices of the 401 Wetlands Certification Unit, North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Blvd., Raleigh, North Carolina 27604. Copies of such materials will be furnished to
any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
Wetlands Section, 1621 Mail Service Center, Raleigh, North Carolina 27626-0621, on or before
February 28, 2003, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Mr. John W. Hendrix, until 5:00 p.m., March 7, 2003, or telephone (828) 271-
7980, extension 7.
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Data colluded by: Kenneth McDowell. J.+sun TiCey, Ed C;lh;= Hrlrr;l:1(arihh;i! ".1arx i1wis, 1?n4l whine
till) 1f1114rV t11??trC:u11 Iltl l;i fllti`Ill ,lnr? f2('?ttirttlyilrl (i?1:11`'
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State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
WATER QUALITY SECTION
March 5, 2002
Mr. C. R. Styles, Division Engineer
N.C. Department of Transportation
Post Office Box 250
Bryson City, North Carolina 28713
Subject:
Mr. Styles:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

Additional Information Request
NCSR 1118
DWQ Project No. WQ02-0199
Swain County
I have reviewed the 401 Certification Application submitted for
the road widening and paving project for NCSR 1118 in Swain County.
Based on my review it has been determined that insufficient information
has been provided in order for the Division to complete the review. It
is requested that the following information be provided so the we can
complete our review of your application:
1. Please provide site details for the 715-foot stream relocation
following the Division of Water Quality's stream relocation
guidelines outlined in the "Internal Technical Guide for Stream
Work in North Carolina". Please note that you should also
include reference reach data and a planting plan in your
relocation plan.
2. During the site visit there was a stream noted near station
25+00. Are there any plans to extend the culvert at this
location?
Until the information requested above is received and approved, I
am requesting (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold
for our processing due to incomplete information (15A NCAC @H
.0507(h)).
J Triage Check List
Date: a/ 13
To: ?RRO Steve Mitchell Project Name
?FRO Ken Averitte
?WaRO Deborah Sawyer
?WiRO Joanne Steenhuis
RO
V Jennifer Frye
O
AR Mike Parker
?MRO Pete Colwell
DWQ Project Number.
County.
From: C . V P/
Telephone 919 733- / 7 d
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
01 ream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
inimization/avoidance issues
? Buffer_ Rules (Neuse, Tar-Pamilco, Catawba, Randleman) : ' .
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and cr wetland mitigation sites available and viable?
615heck drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concems
?Y T
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t 4141.

STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 01, 2002
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Attention: Mr. John Hendrix
Subject: Proposed Construction of SR 1118 in Swain Co.
State Project No.6.992006B (DWQ Major Permit Fee $475.00)
Dear Mr. Hendrix:
The North Carolina Department of Transportation is proposing to grade, drain, base and
pave primarily along the existing roadway of SR 1118, Fred Breedlove Rd. in Swain County. In
order to construct this project in accordance with our current secondary road standards, and'due
to the relocation of Tarkiln Branch(DEM Class C),the addition or extension of one(1) pipe culvert
in Tarkiln Branch, which is a tributary to the Little Tennessee, we are requesting authorization
under Section 404 of the Clean Water Act.
am sending a straight-line diagram with our proposed erosion control and construction
limits at various sites along this project. In addition, a typical section of the road, drawings for
the culvert and channel relocation/extension of Tarkiln Branch, general notes and standards on
erosion control measures, and a marked County Map are enclosed. We propose to install the
new culverts slightly below the existing stream bed elevation where bedrock is not encountered
to minimize impact to Wildlife habitat and allow the existing stream gradient to remain as
unchanged as physically possible.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. The construction foreman will review all erosion control measures daily
to ensure sedimentation and erosion controls are being effectively controlled. If the planned
devices are not functioning as intended, they will immediately be replaced with better devices.
The silt fences and other erosion control devices will be in place prior to pipe installation and will
remain in place until the project is stabilized.
F I lam; q
P.O. Box 250, Bryson City, NC 23713 Phone [phone]
Mr. John Hendrix
Page 2
February 01, 2002
By copy of this letter I am asking Mr. Owen Anderson, Habitat Coordinator Western
Mountain District, of the NCWRC to comment directly to you concerning the 404 Nationwide
permit request.
Also by copy of this letter, I am requesting authorization to proceed under Section 401 of
the Clear Water Act from Division of Water Quality. In addition, I am asking Mr. Anderson and
Mr. Ed Ingle, Area Roadside Environmental Engineer (NCDOT), to comment directly to me
concerning this permit request.
We would like to begin construction as soon as possible. If further information is
required, please advise. Your early review and consideration will be appreciated.
Yours truly,
C. R. yles P. E.
District i er
DSE:se
atta.
cc: Mr. R. G. Watson, P. E., Division Engineer
Mr. Mark Davis, Division Environmental Officer
Mr. E. L. Ingle, Area Roadside Environmental Engineer
Mr. Owen Anderson, Habitat Coordinator W. Mtn. Dist., NCWRC
Mr. John Dorney, Water Quality Certification Unit, DWQ
P.O. Box 250, Bryson City, NC 28713 Phone [phone]
44
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Copyright ap ec nc.
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested
14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NC DOT - DISTRICT ENGINEER: C R. Styles, P. E.
Mailing Address: P O Drawer 250, Bryson City, NC 28713 '
i
Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518
E-mail Address: rstyles(aD,dot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
Page 3 of 12
4
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Widening of SR 1118 (Fred Breedlove Rd.) in Swain County.
2. T.I.P. Project Number (NCDOT Only): 6.992006B
3. Property Identification Number (Tax PIN):
4. Location
County: Swain Nearest Town: Bryson City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):From Asheville take I-40 West and
exit off at exit 27 onto US 74-19-23 Take US 74 West Past Waynesville, Sylva and Bryson
City. Take a left on SR 1113 (Needmore Rd) right before US 74 narrows from four lanes
down to two lanes. Go 1.1 miles and take a left on SR 1117. Go another .7 miles and SR
1118 will be on your right
5. Site coordinates, if available (UTM or Lat/Long): 35D 21' 16"N 83D 31'40"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Farmland and Forestland
7. Property size (acres): 4.4
8. Nearest body of water (stream/river/sound/ocean/lake): Tarkiln Branch(DEM CLASS C)
9.
River Racin- Tittle Tennessee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps11.)
Page 4 of 12
.d.
Describe the purpose of the proposed work: To widen and pave SR 1118 to meet current
NCDOT standards This includes cutting and filling earthwork where needed, replacing old
drainage structures that are inadequate, and making the road safer by widening shoulders and
changing the road profile.
10. List the type of equipment to be used to construct the project:
Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc.
11. Describe the land use in the vicinity of this project:
Rural woodland, some Residential
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same-subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No prior permits have been applied for this project.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the ^current
application: No additional permit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A

* List each impact separately and identity temporary impacts. impacts include, out are not umaeu to: mccnamzcu acW u19, glauulg, ill I,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hvww.fema.rov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
I Channel Change 715' Tarkiln Branch 2' Perennial
2 Culvert extension 25' Tarkiln Branch 1' Perennial

* List each impact separately and identity temporary impacts. impacts include, out are not limited to: cwvens and associau:u np-iap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain).
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 740'
Page 6 of 12
Q
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 Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): F-1 uplands ? stream R wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization) '
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided. Culverts must be extended in order to gain the necessary width
to construct SR 1118 to current NCDOT standards. All pipe replacements will be placed below
the existing stream bed gradient so natural substrate can be re-established.
Pa.ge 7 of 12
4.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream `'York in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.litml.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 8 of 12
A&
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):-
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No F-I
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 F-1 No
r
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 F-1 No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes [:] No ® If you answered "yes", provide the following information:
N/A
Page 9 of 12
A
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone t extends out 30 feet perpendicular from near bank of channel; 'Lone 2 extends an
additional 20 feet from the edge of "Lone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The drainav-e area for the unnamed tributary where the work will be done is approximately. 1-5%
Urban Development and 1-5% impervious acreage. Again, no heavy machinery will bean the
water and actually work in the water will be kept to a minimum.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from the project.
Page 10 of 12
A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes [_] No
Is this an after-the-fact permit application?
Yes [:] No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
7 4 d7
Applicant/Agent's Signature Date
(Agent's signature is valid o if at authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
NC 27615
Raleigh Chatham Granville Orange Wake
,
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Union
Watauga
Yancey
Wilson
Yadkin
Page 11 of 12
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TEMP SLOPE DRAIN
TEMP SILT DITCH EARTH EMB KMENT
S I LT FEN CE '
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FIBERGLASS ROVING
RI P RAP
TEMPORARY SILT FENCE: section A temporary silt fence is commonly used at the toe of a filled at thetoo treven om, t off-
site sedimentation. It is made of permeable posts. The silt fence reduces the water flow-while
stretched and supported by stee p ted retaining the sediment. They may also be used to divert ant I low toprotece there
outlets. Silt fences need to be checked after each signs
effectiveness. They must be maintained on a regular basis. Silt fences shall not be
installed across streams, ditches, or waterways.
AREAS OF USE:
• At toe of fill sections where sediment runoff can be stored and contained
inside the project limits.
DESIGN. CRITERIA:
Material
Fabric
Steel posts length
Post spacing
With Wire
Type 3 Class A
5 ft
10 ft.
Witho6t Wire
Type 3 Class B
5 ft.
6 ft. maximum

17 March, 1992
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SILT BASIN TYPE-B:
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A silt basin type-B is a temporary basin built to collect sediment flowing through a
drainage way. The silt basin is built at the base of the ditch with its length being at
least 2 times the width of the basin. The type-B. silt basin is generally built in
conjunction with temporary rock silt checks and other devices that control or slow
down water flow. This device must be monitored closely and cleaned out on a
regular basis until grass is established along the ditch line and sedimentation is no
longer a problem.
AREAS OF USE:
• In conjunction with temporary rock silt checks and other devices used in
drainage ditches.
DESIGN CRITERIA:
• Width - variable
• Length - 2 times width
• Depth - 2 ft. minimum storage - 1800 cubic feet/acre (equals L x W x D)
23 March, 1992
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March,1992
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SILT BASIN TYPE-B:

A silt basin type-B is a temporary basin built to collect sediment flowing through a
drainage way. The silt basin is built at the base of the ditch with its length being at
least 2 times the width of the basin. The type-B. silt basin is generally built in
conjunction with temporary rock silt checks and other devices that control or slow
down water flow. This device must be monitored closely and cleaned out on a
regular basis until grass is established along the ditch line and sedimentation is no
longer a problem.
AREAS OF USE:
• In conjunction with temporary rock silt checks and other devices used in
drainage ditches.
DESIGN CRITERIA:
Width - variable
Length - 2 times width
Depth - 2 ft. minimum storage - 1800 cubic feet/acre (equals L x W x D)
23 March, 1992
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ROCK PIPE INLET PROTECTION TYPE-A:
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A rock pipe inlet protection type-A is a horseshoe shaped structure with a
The type-ltt--in
sediment storage area around the outside perimeter of the structure
rock pipe inlet protection shall be used at pipe- inlets no larger than 36 inches in
diameter where it is receiving flow from several directions. The type-A rock pipe
inlet protection utilizes class-B stone lined with #5 or #57 stone to protect drainage
pipe structures by trapping sediment before it enters. They have a sediment storage
pit which is designed by the same procedures as a silt basin.
AREAS OF USE:
• At inlets to pipes no larger than 36 inches in diameter where it receives flow
from several directions.
• In areas where it can be cleaned and maintained on a regular basis.
DESIGN CRITERIA:
• Structural stone - class-B stone
• Sediment control stone - rr5 or n57 stone
• Sediment storage area - 1800 cubic ft./acre
• Dam height - 3 ft. minimum
33 March, 1992
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34 March,1992
ROCK SILT SCREEN:

A rock silt screen is a low-level dam structure to be used in streams below culvert
sites. Rock silt screens shall be used to trap sediment transported by running water
and shall be placed in the stream below the construction site within the right-of-
way or easement boundary. The rock silt screen utilizes class B stone lined with n5
or #57 stone to produce a ripple-effect in the stream to settle the larger sediment
particles transported in the stream from the oved from thetetr??trapped sediment
shall be cleaned out before the device is re
AREAS OF USE:
• In live streams below construction sites where construction occurs in or
adjacent to the stream.
• In live streams below a culvert construction site.
• Where it can be cleaned before it is removed from stream.
DESIGN CRITERIA:
Structural stone - class B stone
Sediment control stone - rr 5 or n 57 stone
Dam height - 1.5 ft. minimum and 3 ft. maximum (shall not be higher than
1 ft. above normal flow of stream)

37 March, 1992
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