20060494 Ver 1-_Complete File_20070119

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January 19, 2007
Mr. J. B. Setzer, P.E.
Division Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Inspection
NCSR 1397 (Mt. Sterling Road)
DWQ Project No. 060494
Haywood County
Dear Mr. Setzer:
On January 11, 2007, I visually inspected the construction work on NCSR 1397 (Mt. Sterling Road) in
Haywood County. The construction work seemed to be progressing with all of the culverts being installed.
Some work still remains on the project through the switchback curves and at the slide area. Please ensure that
all sediment and erosion control structures are maintained and that seeding and mulching are performed as
needed to protect downstream waters. A copy of the inspection report is attached to this letter.
If you have questions, please call me at 828.296.4500.
Sincerely,
Michael R. Parker
Environmental Specialist
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
011C
N >ilhCarolina
Natimrally
North Carolina Division of' Water Quality 2090 U.S. I lighway 70 Swannanoa, NC 28778 Phone [phone] Customer Scrvice
Internet: www.ncwaterquality.org PAX [phone] 1-877-623-6748
Michael 1. F{alley, ( iovernor
William 6. Ross .Ir., Secretary
North Carolina Department of hivironment and Natural Resources
Alan W. Klimek, P.T. Director
Division of Watcr Quality
An Equal Opportunity/Affirmative Action Employer
DWQ Site Visits for DOT Protects
Field Sheet
DWQ representative: Michael R. Parker Date: January 11, 2007
County: Haywood Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation X? Complaint
?DWQ Follow IJp Evaluation ? Other
DWQ 401 #: 060494 NW Permit #: 11) #:
Project Name
Location of Project:
NCSR 1397 Mt. Sterling Road
The project is located east of the intersection of NCSR 1332 and NCSR 1397
approximately 1 mile south of the Waterville Hydroelectric Plant.
Project Complete: ?Yes X No
Activities (DOT):
? Bridge
X? Culvert
? Bottomless Culvert
? Bottomless Arch
? Riprap Inlet/Outlet Stabilization
? Spoil Pile
? Borrow Pit
? Wetland Mitigation
? Stream Restoration
? On-site Stream Relocation
? Buffer Restoration
? Bank Stabilization
? Other
If no, estimated date of completion: I
Water Quality Concerns (DWQ):
? Steam Standards Violation
X? Turbidity
? Evidence of spills
? Oil/Petroleum
? Solid Waste
? Failed E & S control measures
X? Sedimentation Impacts
? Stormwater Permit Violation
? Fill
? Buffer Impacts (see below)
? Other
Additional Wetland Impacts: ? yes X? no Estimated Acres
? Zone 1 Est Acres 1 -1 ? Zone 2 Est Acres
Additional Stream Impacts: ? yes X? no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ?Neuse ?Tar-Pam ?Randleman ?Catawba
Zone 1: ?Yes ?No Est linear ft/ acreage of buffer impactl ac
Zone 2: ?Yes ?No Est linear ft/ acreage of buffer impact ft/ ac
Buffer Designation: ?Exempt ?Allowable ?Allowable w/mitigation ?Prohibited
UWO Site Visits for DOT Projects
Background Info
Name of Waterway(s):
Unnamed tributaries to Big Creek
Basin/ Subbasm: FI3R 040305
Wetland'I'ype: []Isolated []Non-Isolated (Waters of US)
Stream Class: []Class B ?303d Listed ?WS-II ?WS-V ?SB
X?Class C ?ORW X[]Trout ?WS-III []NSW
X?IIQW ?WS-I ?Ws-IV ?SA ?CA
Type of Authorized Impact: X[]Culvert []Bottomless Culvert
[]Bridge []Bottomless Arch
?Riprap Inlet/Outlet Stabilization []Fill
Authorized Wetland Impacts
Authorized Stream Impacts
Additional comments:
?0- l/10 acre ?I/11°ito 1/3 rd acre
? 1/3" to 1.0 acre ?> 1.0 acre
X?< 150 linear feet ?> 150 linear feet
Looked at road project on January 11, 2007. Construction work is progressing and the culverts have been
installed. Water line installation was taking place during the inspection. Some work still remains at the
beginning of the project through the switchbacks and at the slide.
Since these waters are classified as C-trout High Quality Waters care should be taken to minimize sediment and
turbidity, during the trout-spawning season, as construction continues. Please ensure that erosion and
sedimentation control structures are maintained and that seeding and mulching are performed as needed.
OF W ATF
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Michael F- Easley, (iovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 15, 2006
Haywood County
DWQ Project No. 060494V2
NCSR 1397 (Mt. Sterling Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions-Modification
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, for the following impacts for
the purpose of making improvements to NCSR 1397, Mt. Sterling Road in Haywood County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill in
Intermittent
Stream (linear ft) Temporary Fill in
Intermittent Stream
(linear ft) Permanent Fill in
Perennial Stream
(linear ft) Temporary Fill in
Perennial Stream
(square ft)

_ Total Stream
Impact
(square ft) Stream
Impacts
Requiring
Mitigation
linear ft
Site 1 _ 6 linear ft. 20 square ft. 20 square ft. _
Site 2 30 linear ft. 40 square ft. 20 square ft.
Site 3 27 linear ft. 40 square ft. 20 square ft.
Site 4 35 linear ft. -
40 square ft. 40 square ft..
Site 5 45 linear ft. 20 square ft. 20 square ft.
Total - 45 linear ft. ____98 linear ft. _
___160_squ4re ft.__ 160 square ft.
Total Stream Impact for Project: 143 linear t't. of permanent impacts and 160 square ft. of temporary impacts
The project should be constructed in accordance with your original application dated March 21, 2006 (received March
24, 2006 and revised application dated December 8, 2006; (received December 12, 2006), including the environmental
commitments made in the application letters. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Nos. 3404 and 3366. This Certification corresponds to Nationwide
Permit Numbers 14 and 33 issued by the U.S. Army Corps of Engineers. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404
Permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit anew 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 211 .0506
(h) (6) and (7). For this approval to he valid, you most follow the conditions listed in the attached certification and any
additional conditions listed below.
o,C
No Carolina
Naturally
North Carolina Division of Water Quality 2090 US. I lighway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] l-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
December 15, 2006
Page Two
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of'the Sedimentation Pollution Control Act.
2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
4. In-stream work and land disturbance within the 25-foot wide buffer zone shall not be conducted during the trout-
spawning season of January 1 through April 15 to protect the egg and fry stages of trout from off=site sedimentation
during the construction of the highway.
5. 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.
6. The NCDOT shall use Design Standards in Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)]. "Temporary cover
(wheat, millet or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within
fifteen (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 staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue should
not be used in riparian areas.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
8. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or 11 (WS-1, WS-11), 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
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
9. The dimension, pattern and profile of the stream, above and below the streambank stabilization, should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
10. Riparian vegetation should be preserved to the extent possible. Native trees and shrubs (e.g. rhododendron, dog
hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be restored wherever possible
along the repaired slope and streambank to reestablish the riparian zone and provide long-term erosion control.
11. 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.
q
,. 1
Mr. J.B. Setzer, P.E.
December 15, 2006
Page Three
12. 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 the active
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
13. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
14. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
16. If concrete is used during 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 elevated p1l and possible aquatic life and fish kills.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
18. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the
on-site project manager.
19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
20. 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 bank stabilization work.
21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or
protected riparian buffers.
22. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate
of Completion Form" to notify NCDWQ when all work included?in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
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., Director
Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE Asheville Field Office
"Transportation Permitting Unit
Mike Parker, Asheville Regional Office
e µ STNr s?
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STATE OF NORTH CAROLINA
ly
?4Nk l2"
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
December 8, 2006
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 33 Permit Application
SR 1397 - Mt. Sterling Road
LYNDO TIPPETT
SECRETARY
0(_0 0((?Ul V' 7-
Haywood County
Action ID No. 2006-32474-344
DWQ Project No. 060494
State Project No. 14C.044072 (DWQ Minor Permit Fee $200)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is in the process of constructing
SR 1397, Mt. Sterling Road, in Haywood County from the end of pavement for a distance of
0.4 miles. The work includes widening and paving the existing gravel road to a standard 18-
foot roadway. We previously requested and were issued a NW 14: however, we need a NW
33 for de-watering to install the five culverts in compliance with NCDOT BMPs. Please
reference the previous NW 14 application for maps and supporting documents.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There were no records of threatened and endangered species listed for
the unnamed tributaries of Big Creek. Additionally, there are no records of threatened and
endangered species for the entire Big Creek watershed. The unnamed tributaries are small (2-
3 feet in width). The impacts from two pipe replacements will be minimal. For these reasons,
there will be "no effect" on threatened or endangered species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. The construction foreman will review all erosion control measures
daily to ensure sedimentation and erosion is being effectively controlled. If the planned
devices are not functioning as intended, they will be immediately replaced with better devices.
The rock silt screens and other erosion control devices will be in place prior to pipe culvert
construction and will remain in place until the project is stabilized.
Impacts to Waters of the United States
The unnamed tributaries of Big Creek are 2-3 feet wide and have perennial flow. The channel
substrate is composed primarily of boulders and cobble. The substrate of one channel at the
inlet is bedrock. The channels lack vegetation. For these reasons, we believe that these
streams are under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct
the project in accordance with our current secondary road standards, it will be necessary to
impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is
requesting to construct temporary impervious dikes in unnamed tributaries to Big Creek
(DWQ Class C Tr HQW) to provide a dry work environment for installation of five culverts.
Sandbags and plastic sheeting will be used to create the dikes for pumping the water around
the work site. Listed below is a summary of the proposed impacts.
Site No. Existing Proposed Condition Net Impacts
Station Condition
Site 1 N/A 20 sq. ft. Temp Fill (Sandbags) 20 sq. ft. Temp Fill
10+75
Site 2 N/A 40 sq. ft. Temp Fill (Sandbags) 40 sq. ft. Temp Fill
12+08
Site 3 N/A 40 sq. ft. Temp Fill (Sandbags) 40 sq. ft. Temp Fill
14+33
Site 4 N/A 40 sq. ft. Temp Fill (Sandbags) 40 sq. ft. Temp Fill
17+14
Site 5 N/A 20 sq. ft. Temp Fill (Sandbags) 20 sq. ft. Temp Fill
20+75
Temporary Fill 160 Square Feet
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to
proceed with the construction project outlined above. By copy of this letter, I am requesting
authorization under Section 401 of the Clean Water Act from the North Carolina Department
of Environment and Natural Resources (DENR), Division of Water Quality (DWQ).
If you have any questions or need additional information, please contact Mark Davis or me at
[phone]. Your early review and consideration will be greatly appreciated.
Sincerely,
Z?-
`-'? -
Q
Owen F. Anderson.
Division Environmental Specialist
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN),
complete section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
Bryson City NC 28713
Attn • J L Woodard PE District Engineer
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: jwoodard dot state nc us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation
Mailing Address:_
Telephone Number: N/A
E-mail Address: N/A
N/A
N/A
Fax Number: N/A
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Widen tirade drain and pave SR 1397 Mt Sterling Road in Haywood
2. T.I.P. Project Number or State Project Number (NCDOT Only): 140.044072
3. Property Identification Number (Tax PIN):
4. Location
County: Haywood Nearest Town: Maggie Valley
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Maggie Valley take I 40
West to the Waterville exit This will be in Tennessee. Turn left at the bottom of the ramp
onto SR 1332 Follow SR 1332 to SR 1397 Turn left onto SR 1397. This is the project.
5. Site coordinates, if available (UTM or Lat/Long): Attached
(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. Property size (acres): 1.31 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Big Creek Class C Tr HQW
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http//h2o.enr.statc.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential, woodlands
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
This project includes cutting and filling earthwork where needed replacin, old drainage
structures that are inadequate making the road safer by changing the road profile, and
paving Equipment to be used will be Track Hoes Back Hoes Dump Trucks, Bulldozers,
Manual Labor Pumps Diversion Pipes etc
11. Explain the purpose of the proposed work: To pave widen the shoulders and improve the
alignment of SR 1397 to meet current NCDOT Standards.
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.
NW 14 and 401 WQC were obtained on June 9 2006 and April 6, 2006, respectively; however, a
NW 33 is required to dewater for the five culvert replacements on this project.
Action ID No 2006-32474-344 and DWQ Project No. 060494
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits 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 3 of 9
1. Provide a written description of the proposed impacts: Dewatering for culvert
Installation Sandbags in conjunction with plastic sheets will be used to construct an impervious
dike Pumps will be used to pump water around the work area.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu,
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 littl2://wNvw.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detennination of isolation to be made by USAGE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
__(_square feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases ecif )
l@ Station 10+75 Temporary Fill 20 UT to Big Creek Perennial
2 (a? Station 12+08 Temporary Fill 40 UT to Big Creek 4' Perennial
3 @ Station 14+33 Temporary Fill 40 UT to Big Creek 4' Perennial
4 (o) Station 174-14 Temporary Fill 40 UT to Big Creek 4' Perennial
5 @ Station 204-75 Temporary Fill 20 UT to Big Creek 1' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic snaps. 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.ust;s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www. op zone.c)m,
www.mapyucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 160 ft2
Page 4 of 9
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
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

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided Culverts must be extended in order to gain the necessary width
to improve SR 1397 to current NCDOT standards Sandbag dams are required to facilitate
installation of culverts in a dry environment
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.
Page 5 of 9
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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): None-no permanent impacts
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Page 6 of 9
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
l 3
2 1.5
Total
Zone I extends out 30 feet perpendicular trom near nanK or cnannei; Lone -, extends an
additional 20 feet fi•om the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 7 of 9
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 (required by DWQ)
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.
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams (See erosion control plan)
XII. Sewage Disposal (required by DWQ)
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 proposed project
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 9
SITE COORDINATES
Site 1
N 35.761 °
W 83.102°
Site 2
N 35.761 °
W 83.101°
Site 3
N 35.760°
W 83.101
Site 4
N 35.759°
W 83.100°
Site 5
N 35.759°
W 83.099°
Page 9 of 9
5.3 - Impervious Dikes
Purpose
5.3.2 Sand Bags
Filter bags filled with sand can be manually stacked to form a
temporary impervious dike when encapsulated with an
impervious poly-fabric liner. This impervious dike can be used to
impound or divert water and can be easily removed.
Ex
t ?
A dike similar to the one shown from NCDOT BMP Manual will be placed in the stream
channel. The water will then be pumped around the culvert installation area.

I
I
i
j

i ,

i

OF WATER
? cu?
Michael F. Easley, (36emor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural RCSOnrces
' _, /y ®D! Alan W. Klimek, P.E. Director
hU? t? 1?0)nPR Division of Water Quality
?+rJDS°? - TOR NVYgcaulBR
iwo 6 CM
April 6, 2006
Haywood County
DWQ Project No. 060494
NCSR 1397 (Mt. Sterling 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 143 linear feet in
three (3) unnamed tributaries to Big Creek (143 linear feet of new pipe and temporary dewatering), in order to make
improvements to NCSR 1397 (Mt. Sterling Road) in Haywood County. The project should be constructed in accordance
with your application dated March 21, 2006 (received March 24, 2006), including the environmental commitments made
in the application letter. After reviewing your application, we have decided that this till is covered by General Water
Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit
Numbers 14 and 33. 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 Water Quality Certification will expire with the accompanying 404 Permit issued by the US Army
Corps of Engineers.
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.
None hCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAN [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
April 6, 2006
Page Two
d. Any reclamation measures and implementation must comply with the reclamation in accordance
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 footf
impacts depicted in the Preconstruction Notice Application. All construction activities, including tl
installation, operation, and maintenance of sediment and erosion control Best Management Practices
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 p
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall b(
and the natural grade restored within six months of the date that the Division of Land Quality has released tl
4. In-stream work and land disturbance within the 25-foot wide buffer zone shall not be conducted during
spawning season of January 1 through April 15, to avoid harming trout, spawning in downstream waters.
5. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of tt
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 me
the stream bottom to allow natural stream bottom material to become established in the culvert following i
and to provide aquatic life passage during periods of low flow. This may require increasing the size of the
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and rep
re-installed correctly, unless demonstrated that this is topographically unfeasible.
6. The NCDOT shall use Design Standards in Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)]. Tempo
(wheat, millet or similar annual grain) or permanent herbaceous cover should be planted on all bare soil wit
(15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating shou
in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting
secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue
be used in riparian areas.
7. The dimension, pattern and profile of the stream, above and below this work, should not be modified by w
narrowing the stream channel or reducing the stream depth. Disturbed floodplains and streams should be i
natural geomorphic conditions.
8. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to t
the purpose of pre-treating stormwater runoff, and must not. be routed directly into streams. Mowing c
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
9. Riparian vegetation should be preserved to the extent possible. Native trees and shrubs (e.g. Rhododen
hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be restored whereve
along the repaired slope and streambank to reestablish the riparian zone and to provide long-term erosion col
10. Any riprap placed for bank stabilization should be limited to the streambank below the high water i
vegetation should be used for stabilization above the high water elevation. Riprap should not be place
channels in such a manner that it impedes aquatic life passage.
11. Heavy equipment should be operated from the bank rather than in the stream channels in order to
sedimentation and to reduce the likelihood of introducing other pollutants into the stream. This equipment
inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic
other toxic materials.
12. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life n
13. Excavation in the stream channel should be conducted in the dry, if possible. Sandbags, cofferdams, flexit
other diversion structures should be used to minimize excavation in flowing water.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
strictly prohibited.
15. If concrete is used during culvert construction (e.g., headwalls), a dry work area should be maintained
direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concr,
not be discharged to surface waters due to the potential for fish kills.
16. Under no circumstances must rock, sand or other materials be dredged from the wetted stream chan
authorization of this permit, except in the immediate vicinity of the bank stabilization work. In-stream dre
catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will lit
downstream erosion problems, possibly affecting other landowners.
Mr. J. B. Setzer, P.E.
April 6, 2006
Page "Three
17. 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 bank stabilization work.
18. All work shall be performed during low flow conditions (below bankfull).
19. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion " form
to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 'T'ransportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. The NCDO"C 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., Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
, 0
( &W
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
March 21, 2006
Mr. Steve Lund, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
'/'??2 [VNOV
?S?R oo?, QO
LYNDO TIPPETT
SECRETARY
060494
Subject: Nationwide 14 Permit Application
SR 1397 - Mt. Sterling Road
Haywood County
State Project No. 14C.044072 (DWQ Minor Permit Fee $200)
Dear: Mr. Lund
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and
pave SR 1397, Mt. Sterling Road, in Haywood County from the end of pavement for a distance
of 0.4 miles. This proposal entails widening and paving the existing gravel road to a standard
18-foot roadway. The proposed improvements of SR 1397 have been identified as necessary
maintenance and safety improvements. Funds have been allocated for this project, and NCDOT
would like to perform these activities sometime during the 2006-07 paving season.
I am sending a straight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS quad map.
We propose to install the new culverts slightly below the existing streambed elevations where
bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream
gradients to remain as unchanged as physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There were no records of threatened and endangered species listed for the
unnamed tributaries of Big Creek. Additionally, there are no records of threatened and
endangered species for the entire Big Creek watershed. The unnamed tributaries are small (2-3
feet in width). The impacts from five pipe replacements will be minimal. For these reasons,
there will be "no effect" on threatened or endangered species.

G arn., ?.
-1
r ,
SR 1397 Page 2 March 14, 2006
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
The unnamed tributaries of Big Creek are 2-3 feet wide and have perennial flow. The channel
substrate is composed primarily of boulders and cobble. The substrate of one channel at the inlet
is bedrock. The channels lack vegetation. For these reasons, we believe that these streams are
under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project in
accordance with our current secondary road standards, it will be necessary to impact waters of
the United States in the French Broad River Basin. Specifically, NCDOT is requesting to
extend/replace five metal culverts in unnamed tributaries to Big Creek (DWQ Class C Tr HQW).
Listed below is a summary of the proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 37' x 18" CMP 43' x 18" CMP 6' extension
10+75
Site 2 45' x 30" CMP 75' x 42" CMP 30' extension
12+08
Site 3 41' x 42" CMP 68' x 42" CMP 27' extension
14+33
'
Site 4 45' x 30" CMP 80' x 42" CMP extension
35
17+14
Site 5
N/A
45' x 18" CMP
Add 45' of pipe for Intermittent
stream coming off cut slope
18+50 (due to logging road & slash)
Total Impact 98 L.F. (Perennial)
45 L.F. (Intermittent)
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
SR 1397 Page 3 March 14, 2006
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am requesting Mr. McHenry and Mr. Ed Ingle,
Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
If you have any questions or need additional information, please contact me at [phone].
Your early review and consideration will be greatly appreciated.
Sincerely,
onathan L. Woodard, P.E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. B. T. Williams, P.E., County Maintenance Engineer, NCDOT
Office Use Only: Form Version May 2002
20060 484
USACE Action ID No. DWQ No.
(If any particular item is not applicable to cros protect, piease enter Nut App ,auic .?,?..1
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN),
complete section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
_ Bryson City NC 28713
Attn • J L Woodard PE District Engineer
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: iwoodard(o)dot state nc us -
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Nnmi - N/A
Company Affiliation: N/A
Mailing Address:____ N/A
Telephone Number: N/A Far Number: N/A
E-mail Address: N/A
Pagel of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Widen grade drain and pave SR 1397 LIt Sterling Road in Haywood
County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.044072
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Haywood Nearest Town: Maggie Valley
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Maggie Valley take I 40
West to the Waterville exit This will be in Tennessee Turn left at the bottom of the ramp
onto SR 1332 Follow SR 1332 to SR 1397 Turn left onto SR 1397 This is the protect.
5. Site coordinates, if available (UTM or Lat Long): Attached
(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. Property size (acres)
7. Nearest body of water (stream/river/sound ocean/lake): Biel Creek Class C Tr HQW
River Basin: French Broad
(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.tic.us/adiiiin, maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page'_ of 9
10. Describe the overall project in detail, including the type of equipment to be used:
This project includes cutting and filling earthwork where needed replacing old drainage
structures that are inadequate making the road safer by changing the road profile, and
paying._Equipment to be used will be Track Hoes Back Hoes Dump Trucks, Bulldozers,
Manual Labor, etc.
11. Explain the purpose of the proposed work:-
To pave widen the shoulders and improve the alignment of SR 1397 to meet current
NCDOT standards.
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 additional permits have been applied for in the past
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 9
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Culvert Extensions
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes'no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

h d I
n -Ain till
g b,
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to. mcc anize c ea -5.
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year tloodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FFMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn:Pww\v.fcma oyv.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet Before Impact (please specify)
1 ci Station 10+75 Culvert Extension 6 UT to Big Creek 8" Perennial
2 (u, Station 12+08 Culvert Extension 30 UT to Big Creek 4' Perennial
3 (a) Station 14+33 Culvert Extension 27 UT to Big Creek 4' Perennial
4 C; Station 17+14 Culvert Extension 35 UT to Big Creek 4' Perennial
stream coming off
Station 18+50
5 (d cut slope due to 45 UT to Big Creek I' Intermittent
, logging road 8,:
sIach.__ - - .. i:_:....i .._... ,i„a .t.. nn l associated rin-ran-
* List each impact separately and identify temporary impacts. Impacts IncIUQC, out aic nt'i 1 in LC(
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.uso's.g0%. Several intemet sites also allow direct download and printing of USGS maps (e.g., www topozone.com,
www.mapquest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: 98-perennial 45-
intermittant
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nn, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided Culverts must be extended in order to fain the necessary width
to improve SR 1397 to current NCDOT standards All pipe extensions will be placed below the
existing; stream bed gradient so natural substrate can be re-established. _
VIII. Mitigation
Page 5 of 9
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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http:/'/h2o.eni-.state.nc.us/nc,A,'etlands/stnngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http_//w«,w.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): 98
Amount of buffer mitigation requested (square feet): N/A
Page 6 of 9
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land'?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify h/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact
(square feet)

Multiplier Required

Miti ation
1 3
2 1.5
Total
* Zone I extends out 30 test perpendicular trom near oanx of cnannei; cone z ex[enas an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
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.
XI. Stormwater (required by DWQ)
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.
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams (See erosion control plan)
XII. Sewage Disposal (required by DWQ)
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 proposed project
XllI. Violations (required by DWQ)
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).
31,711e)6
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 9
SITE COORDINATES
Site 1
N 35.761°
W 83.102°
Site 2
N 35.761°
W 83.101°
Site 3
N 35.760°
W 83.101°
Site 4
N 35.759°
W 83.100°
Site 5
N 35.760°
W 83.101"
Page 9 of 9
Co.
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Copyright (C) 1998, Wptech, Inc.
VICINITY MAP
Haywood County
State Road Number: 1397

' SNOWBIRD --`
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PEAKED KNOB J 1M 0 U N
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\ '1397 ,
MT. STE,RUNG - _ - .? ~`---?
/ ELEV 5.835
SR 1397
SITE 1
i
I

INLET
OUTLET

SITE 2
INLET

SITE 3
INLET

SITE 4
INLET

SITE 5

l ,