HomeMy WebLinkAbout20050245 Ver 1_Complete File_20050225
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6 71--1
Michael E. Easlcy, Governor
William G. Ross ,1 r., Secretary
North Carolina Department of Environment and Natural Resources
+. C Alan W. Klimek, P.E. Director
Division of Water Quality
February 25, 2005
Cherokee County
DWQ Project No. 050245
US 1291NCSR 1556 (Martins Creek 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
VAR 2 [
Dear Mr. Setzer: Tt NoN? vn ST t RM?bgTF tI'
y
R BRANCH
You have our approval, in accordance with the attached conditions and those listed below, to impact 10 linear feet of an
unnamed tributary to Cobb Creek (10 linear feet of new pipe), in order to install turn lanes at the intersection of US
Highway 129 and NCSR 1556 (Martins Creek Road) in Cherokee County. The project should be constructed in
accordance with your application dated February 1, 2005 (received February 9, 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 nnust 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 2II .0506
(h) (6) and (7). For this approval to he valid, yoit nru,ct Tallow the conditions listed in the attached certification and am,
additional conditions listed below.
1. Erosion and sediment control practices trust 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 Manuel.
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 iiiost recent version of the North Carolina Srrr/?ice Alining Manual.
NollhCarolina
,,?I af?rrall?
North Carolina Oivisitnn of Water Quality 2000 t;.S. Ilighway 70 'wannan, a, NC 25778 Phonc (828) 290-4500 Customer Service
Internet h2o.enr.state.nc.us I \X (828) 299-704; 1-8"77-023-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. R. Setzer, P.h.
February 25, 2005
Page T wo
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements ofthe 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 Rest Management Practices, shall be
perfonned 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. 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. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
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. Rock check dams at culvert outlets should be removed at the project completion to avoid impeding the movement of
aquatic life.
7. 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.
8. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stonnwater 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.
9. 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.
10. Any riprap placed tOr 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 hfe passage.
11. 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.
12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
13. 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.
14. 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 hills.
15. Discharging hydroseed mixtures and washing out hydroseedcrs and other equipment in or adjacent to surface waters is
strictly prohibited.
16. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dred-ed 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.
Mr. J. B. Setzer. P.E.
February 25, 2005
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 culvert extensions.
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 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: Wilmington District, US Army Corps of Engineers
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Angie Pennock. USACE Asheville Field Office
?Transportation Permitting Unit
Mike Parker. Asheville Regional Office
050245
,0
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
February 1, 2005
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
D
Asheville, NC 28801-2714
Attention: Ms. Angie Pennock FEB 9 ?0.5
NCDOT Coordinator DENR - W,
i'?EIIANDS AND STORMWq) ? R 8%(>4,
Subject: Proposed Intersection Improvement
US 129/Martins Creek Road- Cherokee County.
State Project No. 37950 (DWQ Minor Permit Fee $200)
Dear Ms. Pennock:
The North Carolina Department of Transportation (NCDOT) is proposing to improve the
intersection of US 129, Blairsville Hwy, and Martins Creek Road, SR 1556 in Cherokee
County. The proposed improvement entails adding a turn lane and two-foot paved
shoulders to the roadway. This work will require extending an existing 60" CMP 10 feet.
The proposed improvements of US 129 have been identified as necessary maintenance
and safety improvements. Funds have been allocated for this project, and NCDOT would
like to perform these activities as soon as permits are obtained.
I am sending a typical section drawing of the road, cross section, drawing for pipe culvert
extension, county map with project site indicated and USGS topographic map. We
propose to install the new culvert extension 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 is physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of threatened and endangered species listed for
Cobb Creek. Additionally, there are neither records for the adjacent watersheds nor for
Nottley River between the Georgia State line and Hiwassee Lake. The impacts from the
10-foot culvert extension will be very minimal. For these reasons, this project will have
"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 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 are high gradient and have well-defined stream banks with step-
pool complexes. The streams do support aquatic life. Therefore, we believe that the
unnamed tributary is under the jurisdiction of the United States Army Corps of
Engineers. In order to complete the above-mentioned improvements along US 129,
Blairsville Hwy, in Cherokee County, it will be necessary to impact waters of the United
States in the Hiwassee River Basin. Specifically, NCDOT is requesting to extend one
metal culvert in an unnamed tributary to Cobb Creek (Class C). Listed below is a
summary of the proposed impacts.
Station Existing
Condition Proposed
Condition Net Impacts Stream
Name Class
Site #1 60"X 136'CMP 60"X 146' CMP 10' extension UT to Cobb Creek C
Total Impacts = 10 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 asking
Mr.David McHenry, Western Mountain Region Coordinator with the North Carolina
Wildlife Resources Commission (NCWRC) to comment directly to you concerning the
404 Nationwide Permit Request.
Also, by copy of this letter, I am requesting authorization to proceed under Section 401 of
the Clean Water Act from the North Carolina Department of Environment and Natural
Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr.
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 (828) 321-
4105. Your early review and consideration will be greatly appreciated.
Sincerely,
Michael A. ones
County Maintenance Engineer
??? ?l W
g
FEB 9 2005 G
DENR - WATER QUALITY
WETLANDS AND STORk1WA'rER BRANCH
Copy: Mr. John Hennessy, DWQ, DEHNR (7 copies)
Mr. David McHenry, Western Mountain Coordinator, NCWRC
Mr. Mike Parker NCDOT Coordinator, DWQ, DEHNR
Mr. J.B. Setzer, PE, Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
FEB 9 111n?;
DENR - WATL.t' C: , ',
Office Use Only: A " 'r'' LIX "`" . Form version tuts 2002
050245 May
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: NWP 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 (NCDOT)
Mailing Address: 191 Robbinsville Road
Andrews. NC 28901
Telephone Number: 828.321.4105 Fax Number:
E-mail Address: mjones cr 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: Michael Jones
Company Affiliation:- County Maintenance Engineer
Mailing Address: (same as above)
Telephone Number:
E-mail Address:
Fax Number:
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: US 129, Blairsville Ilwy
2. T.I.P. Project Number or State Project Number (NCDOT Only): 37950. (NCMA)
3. Property Identification Number (Tax PIN)
N/A
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Murphy. Take US 64/74
West for approximately 4.2 miles to US 129 on left. Proceed on US 129 3.2 miles to
intersection with SR 1556. Martins Creek Road and project site.
Site coordinates, if available (UTM or Lat/Long): 34-90113N - 84.060479W
(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)
0.1
7. Nearest body of water (stream/river/sound/ocean/lake): Cobb Creek (Class C)
8. River Basin: Hiwassee
(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.ne.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: Site of Fire Department, generally residential and forest
Page 2 of 8
FEB ,9 2[?? ;
WEIIDENR - WA FR QUA; ; .
AND S70RAgyyA)'cR
Describe the overall project in detail, including the type of equipment to be used:. Improve
US 129 with paved shoulders guardrail and improve intersection Lc SR 1556. Utilize heavy
equipment including trackhoe dozer, grader, dump trucks and asphalt paver.
10. Explain the purpose of the proposed work: upgrade facility- improve intersection by adding
a turn lane, paved shoulders and improving; sight distance.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any 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.
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 8
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: No Wetland Impacts
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***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://w%NNN.f'ema.goN.
*** 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/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
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Site # 1 Culvert 10 FEET UT to Cobb Creek 2 feet 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, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 4 of 8
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w FEB 9 ?-005
DENR WAFER QUALITY
DS jtND STORMWATER BRANCH
Cumulative impacts (linear distance in feet) f? RrNeams on site: 10 feet
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 Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
t.ist eacn impact separately and identify temporary impacts. Impacts include, but are not limited to: till, 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.
The pipe extension cannot be avoided to complete the safety improvement at this intersection.
The culvert is being extended the minimal distance to gain the necessary road width.
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
Page 5 of 8
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://li2o.enr.state.nc.us/ncwetlands/strm?,,ide.htni1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. 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
(919) 715-0476 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): 10
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
Page 6 of 8
LN FFB 9 2005
Amount of Coastal wetland mitigation V"MhbV4 , U
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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (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 213 .0233
(Meuse), 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
1 3
2 1.5
Total
Gone 1 extends out 3U feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
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 (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.
The paved roadway surface is approximately 40% of the right-of-way area. Stormwater will be
diverted through settling basins or grass lined buffers prior to entering streams. (See erosion
control plan).
XII. Sewage Disposal (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.
N/A
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).
Page 8 of 8
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Name: NOTTELY DAM Location: 034° 59'40.88" N 084° 04' 17.25" W
Date: 1/28/2005 Caption: US 129, Blairsville Hwy, @ Intersection of Martins Creek Road,
Scale: 1 inch equals 1333 feet Cherokee Co.
Copyright (C) 1998.
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