20050896 Ver 1_Complete File_20050629

\0F WA 9Q O '%
Michael F. Easley, Governor
rt William G. Ross Jr., Secretary
i 1 E J 1 fl ,! € r /?/ North Carolina Department of Environment and Natural Resources
^?" tsoF,y. ?l?js 0 Alan W. Klimek, P.E. Director
.ry OC . h' ?leT I Division of Water Quality
sTC??
fey June 29, 2005
Graham County
DWQ Project No. 050896
NCSR 1205A (Berts 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
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to replace two (2) existing
culverts on two (2) unnamed tributaries to Berts Creek (replace two existing culverts totaling 75 linear feet), in order to
make improvements to NCSR 1205A (Berts Creek Road) in Graham County. The project should be constructed in
accordance with your application dated May 9, 2005 (received May 24, 2005) and new application dated June 10, 2005
(received June 22, 2005), including the environmental comments made in the application letter. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification No. 3404, corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you must acquire any other federal, state
or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and ally
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 Sui face Mining Ma tial.
NorthCarolina
?1 aturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 SHannanoa, NC 28778 Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us FAX [phone]
An Ecual Onnortunitv/Af Irmativa Artinn Fmnlnvor
Mr. J. B. Setzer, P.E.
June 29, 2005
Page Two
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
Januaryl through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of
the roadway.
5. 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.
6. 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.
7. Rock check dams at culvert outlets should be removed at the project completion to avoid impeding the movement of
aquatic life.
8. 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.
9. 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.
10. 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.
11. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in stream
channels in such a manner that it impedes aquatic life passage.
12. 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.
13. 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.
14. 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.
15. If concrete is used during culvert construction (e.g., headwalls), a dry work area should be maintained to prevent
direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should
not be discharged to surface waters due to the potential for fish kills.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
Mr. J. B. Setzer, P.E.
June 29, 2005
Page Three
17. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. In-stream dredging has catastrophic effects on aquatic life, and disturbance of the natural
form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
18. 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.
19. All work shall be performed during low flow conditions (below bankfull).
20. 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., Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
,transportation Permitting Unit
Mike Parker, Asheville Regional Office
.9
J rr?
JUN 2 2 2005
v, DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 10, 2005
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
REVISION-request for additional permit
Berts Creek - SR 1205A, Graham County.
State Project No. 14C.038007
Dear Ms. Pennock:
This is a revision of NWP 14 application submitted on May 9, 2005. I am requesting that
an additional site be permitted on this project. The site information has been added to
table on page two of this letter. Note that the existing 18" culvert will be replaced with a
24" CMP and attached to a private 18" CMP with a junction box. I apologize for any
inconvenience.
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade
and pave Berts Creek Road, in Graham County. This proposal entails widening and
paving the existing gravel road to a standard 18-foot roadway. The proposed
improvements of Berts Creek Road 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 an erosion control plan and straight-line diagram with construction limits
along this project. In addition, I am sending a typical section of the road, cross section
drawing for pipe culvert replacement 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 wildlife 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 or endangered species for the
Bert Creek watershed. Additionally, there are no records for Tulula Creek between the
confluence of Bert Creek and Santeetlah Lake. The unnamed tributary is small and is not
of sufficient size to provide habitat for fish or mussels. The impacts from the pipe
replacement will result in very minimal impacts. For these reasons, this project will have
"no effect" on threatened and 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 tributary to Bert Creek is small but has perennial flow. The channel is
composed of sand and gravel and lacks vegetation within the channel. For these reasons,
we believe this stream is under the jurisdiction of the U.S. Army Corps of Engineers. In
order to complete the above-mentioned improvements along Berts Creek Road in
Graham County, it will be necessary to impact waters of the United States in the Little
Tennessee River Basin. Specifically, NCDOT is requesting to replace one metal culvert
in an unnamed tributary to Berts Creek (DWQ Class: WS-III). Listed below is a
summary of the proposed impact.
sr
Station Existing Proposed Net Impacts Stream Class
Condition Condition Name
Site #1 30'X 36" CMP 30'X 36" CMP 0 extension UT to Berts Creek WS-III
12+00
Site #2 45'X18" CMP 45'X24" CMP 0 extension UT to Berts Creek WS-III
17+50
Total Impacts = 0 feet
Permits Requested
NCDOT is hereby requesting authorization under NWP 14 and Section 404 of the Clean
Water Act to proceed with the construction project outlined above. By copy of this letter,
'A.
I am asking Mr. David McHenry, North Carolina Wildlife Resources Commission
(NCWRC) Western Mountain Region Coordinator, 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, ?J?
Michael A. ones
County Maintenance Engineer
Copy: Mr. John Hennessy, DWQ, DEHNR ( 7 copies)
Mr. David McHenry, Western Mountain Coordinator, NCWRC
Mr. W.T. Grindstaff, District Maintenance Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. Mike Parker NCDOT Coordinator, DWQ, DEHNR
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. J.B. Setzer, PE, Division Engineer, NCDOT
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(lt 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 Wctland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N W P-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: ?
11. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation (NCDOT)
Mailing Address: PO Box 1551
Andrews. NC 28901
Telephone Number: 828.321.4105
Fax Number: 828.321.3228
E-mail Address:: mjonest 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 A. Jones
Company Affiliation: County Maintenance Engineer
Mailing Address: (same as above)
Telephone Number:
E-mail Address:
Fax Number:
Pagel 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: Berts Creek, SR-1205A
2. T.I.P. Project Number or State Project Number (NCDOT Only)
3. Property Identification Number (Tax PIN):
4. Location
140.038007
County: Graham Nearest Town: Robbinsville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Robbinsville take US 129
South approximately 4 miles. Turn left onto SR 1204 and proceed 0.6 miles to beginning of
Project on right, SR 1205A.
5. Site coordinates, if available (UTM or Lat/Long): Site 1:35.293 N - 83.768 W, Site 2:
35.296944 N - 83.7636 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
< l acre
7. Nearest body of water (stream/river/sound/ocean/lake): Berts Creek
8. River Basin: Little Tennessee River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/inaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Forest / residential
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Erosion control draina =e clearing and Trubbin 7 stabilization base pave and stripe.
Utilize backhoe trackhoe dozer, ddump trucks and crew cab.
11. Explain the purpose of the proposed work: Construct road to current NCDOT secondary
road standards
1V. 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.
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.
N/A
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: N/A
2. Individually list wetland impacts below: N/A
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 identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 tloodplain maps. Maps are available through the FEMA Map Service Centcr at 1-800-358-9616, or
online at http:i!www.fcma.?ov.
*** 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'?
(please secif )
Site 1 Culvert replaced None UT to Berts Creek 2' perennial
Site 2 Culvert replaced None UT to Berts Creek 2' Perenial

* 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 maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site
0
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbod
(if applicable) y 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: 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
Describe the method of construction (e.g., dam/embankment, excavation,
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: Expected pond surface area:
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.
Erosion and siltation control measures and BMP's will be used during construction to avoid
environmental impacts.
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
? wetlands
installation of
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://h2o.enr.state.nc.us/ncwetlands/strmjL,,ide.hti-n1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Page 6 of 8
Amount of Coastal wetland mitigation requested (acres)
IX. Environmental Documentation (required by DWQ)
N/A
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.
Lone* impact
s uare feet
Multiplier
Required
Mitigation
1 3
2 1.5
Total
c.vlle i exrenus our " reer perpenaicular 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 213.0242 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.
The existing compacted gravel roadway acts as an impervious surface Paving of the roadway
should eliminate sedimentation from fines associated with gravel surface treatment Stormwater
will be diverted through settling basins or grass lined buffers prior to entering streams
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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Name: ROBBINSVILLE Location: 035° 17' 13.43" N 083° 45'47.99" W
Date: 6/13/2005 Caption: Berts Creek Road, SR 1205A
Scale: 1 inch equals 1290 feet Graham Co.
Copyright (C) 1998. Wptech• Inc.
RD. NAME: gerts creek rd
PIPE STA. 12+00
SITE No.
o 1
35.- 17 35 N.
i
p
83 45 65
? mag.check dams
north as req.
rock sed. dam Q new/cl
8x3x2
old/cl
8x3x2
silt basin silt fence
2' br / &
rock berms
exist.
30'x36"cmp
rock sed.
dam ?r replace with
8x3x2 30'x36"cmp
® \ \ sil& fence
\ \ rock berms
check dams
as req. \ \
m
- -- - I---- - - I- -- ----I---- ------? - till I
-- -?
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n „
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T
sR- i•1n- . ,nr _ •,••• J7 I /. J I Il-
RD. 14ABE:_BERTS CREEK RD.
83 ?
45 49 W.
PIPE STA•. 17+50
SITE No. 2
U.S.F.S. RD.
?o& EXIST. 24" CMP.
SILT BASIN TYPE-B
8'X3'X2'
2' BR. CHECK DAMS AS REQ.
'
S.F.& R.B.
PROP. 4'
IV.
ERT.HEAD 0 NEW CL
ALL
OLD CL

S.F.& EXIST. 45'X18" CMP.
R.B. i TO BE REPLACED WITH
i
45'X24" CMP.
ROCK OUTLET
PROTECTION
fs'` S.F.& R.R.

ROCK SEDIMENT PROPOSED JUNCTION TO
DAM 8X3X2 1 CONNECT NEW N.C.D.O.T.PIPE
I TO EXIST. 18" PRIVATE PIPE
® \ 1
S.F.
CHECK DAMS \? &
R.B.
AS REQ.

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CRAIIAM
ROAD .NAME: BERTS CREEK
WORK ORDER NO. 6.932085
CL INTERSECTION SR-1205 & 1204 STA. 0-100

TO: 20+25 END OF MAINT.

ADDITION:
IMPRO VEMENT.
TO BE PA VED:
PO WE, R POLES TO MO VE:
TELEPHONE POLES TO MO VE:
RIGHT OF TVA Y.'
,RIGHT OF TVA Y.•
SCALE:
DATE:
YES NO X
YES x INO
HiEl NO
YES NO X
YES NO X
50'
x 45'
1 " = 50'
8-02-04
i 1:1 slope
orllalter
1 112: 1 slope I ->
orJlalter 1 9r
/ • Fj' MILD. 3' ,
WILD. I I oitCH I
._.-..-..._..-..-.-.-..y.-.-•--_-- ..-..-..-•--1 •---•-I•---?

FRONT.XLS
(REVISED)
ROAD NO. 1205- A

. , • is i ;

POLEDALS
r
.,tT,fl s DERTS CREEK ROAD BiiELrT 210, 1 OF 1
SR 1205 A
M 1??
ti4.?,fii;`i.,?tESic.4'tiY:?GRAl1AM
C,q p ml, 6.932085
NANTAIIAL POWER & LIGHT

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MOVE 1 GW 25' RIGHT OF NEW C/L

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11LOW
PROJECT NO. IZT IZ EMARKS
s7'ATTOIy SIZE
REPLACE WITII NEW 18" CMP
18" CHI' CMP
2+O5
REPLACE WITH NEW 3611 36" CMP
11+89 REPLACE WITH NEW 2111 CMP
.
17+34 2 t?„ CHL'
?-
---------- --------
STR.45-2 STR45-2
O ® - I- ZO4-00
PL (6)7 I 5 (7)
9+•80 9+80
1
DOUGLAS RIDDLE °S0 I_ 9•So
F7
120 PUMPKIN CENTER LOG
QUINTON, AL. 35130 1
SILT BASIN 8'X 3'X 2' 1
_v.oo 0 _ I_ s•oo
(5)
I .
a•so 1 a•So
TEMPORARY LINER
(FGR)
1
70
W/ CHECK DAMS 1
I
e•co _ I _ e•co
I
BRIAN RIDDLE
139 BERTS Cr. CIRCLE
ROBBINSVILLE, NC. 28771 I
?•? I SILT FENCE & ROCK BERM-
(4) 415
o\ , I 7+31
I
I
7.00 7.c
I
SILT BASIN 8'X 31X 2'
. I '
I
a•so 1 a•so (2)
I
F,n3
I DALE & JERRI LAUGHTER.
I PO BOX 382
ROBBINSVILLE NC 28771
BETTY RIDDLE s•co _ I_ a,a?
P.O. BOX 1007 I
WAKE FOREST, NC 27588 I
® I
(3) 1
s•so 1- 5.50
I
SILT BASIN 8'X 3'X 2' I
415'
• STR45-3 `
.15 40 STR45-3
CHECK DAMS SPACED AS REQUIRED
415,
BERT CHELF
WATER PLOW CHANGE 1 so I 14.50 RT 3 BOX 164
I ROBBINSVILLE, N.C. 28771
1 -(9)
0 I
• 14.00 1 11.00
v\ ® I
?c r
13• o ® I 13.50
SILT BASIN 8'X 3'X 2' I
I
SILT FENCE & ROCK BERM
(8) D' I
n•oo ® _ 1- 13•c0
I
I
I
D I
JOE & RITA ELLER
r1•so I 17.5-0 RT 3
415, ROBBINSVILLE, N.C. 28771
I?
(7)
0 I
ROCK SEDIMENT DAM
17.00 I_ 17.00
WATER FLOW CHANGE REPLACE W/ NEWT 361, CMP
PETER ZIMBELMAN 36" I C HP
RT 3 BOX 224-N TM I
ROBBINSVILLE, N.C. 28771
11.50 d? 1 _ 11.50
I
(6) i
I SILT FENCE & ROCK BERM
' I
WATER FLOW CHANGE I rl•00
-I-
I
CHECK DAMS SPACED AS REQUIRED 0
I
10.50 1 10.50
415'
SILT BASIN 8'X 3'X 2' I
STR45-4 -6 STR454
SILT BASIN 8'X V X 2' -2 +00 ® - 1_' 20+00
416'

CHECK DAMS SPACED AS
REQUI
'
ED1 '50 I
I-
I
19.50

NELL BURROWS Q I
1 '
RT 3 1 SILT FENCE & ROCK BERM
ROBBINSVILLE, N.C. 28771
I
(11) I
A I
SILT BASIN 8'X 3'X 2'
18.50 I
I 18.50
® I

+ I
ty)
r!1
I to-co (9)
Q? I
S NOTE: REDUCE R/W TO 18' FROM
CHECK DAMS SPACED AS REQUI RED -
LO(; 17+25 TO 18+00 FOR BARN.

1 BARN
'
17.50 jL•so
415

:
- RE
L
E "
o_.
:_..c- P
AC W/NEW 24
CMP
NANCY J. CEIMER
(8) °vo
24" 1
I C
P r "`
CONGRESSMAN CliAMBLISS ( 10 )
1204
3113 VINEVILLE AVE. MACON, CA. 1>.? `,
- 17.00

ROCK SEDIMENT DAM
Q -
I
I

JOIiANNES C. MARS, TR.
18.50 I
I
18.50
498 N.E. 28th RD. I
BOCA RATON, FL. ® I SILT FENCE & ROCK BERM
33431

(g )
© I
1

SILT BASIN 8'X 31X 2' 18.00
-I-
i 18.00
® I
CHECK DAMS SPACED.AS REQUI ED
15.50
I

7 f'T ? ? !l I _ 7 fT ! !l ,rl
rcg?
26 • V O
?
I
415, STR45-5
Zs+O O
2050 I 21.50
21.00 I
- I_ 21.00 '
27.50 I 2]•50
27.00 23-CO
22.50 I 22.50 '
415
22.00 22.00
2f•50 I 21.50
21.00 21.00 .
20.50
• I
I- 20.50
END OF MAINT. 20+25 20+25 END OF MAINT.
vo.

MOVE 1- GA OF_F.R/W
ROCK SEDIMENT DAM 8.' X .3I x 2' s? ???

=EC05-STP. EROSION CONTROL
DETAILS & SPECIFICATIONS
STD. NO. I DESCRIPTION:
SYMBOL:
PG. NO.
245.03 TEMP. SILT DITCH TSD VI-2
- - - - - - - r
245.05 TEMPORARY - -
DIVERSION TD Vl-4
-- - - - - - - - - - - - - - - - - - - - - - - - - - -
893.01 TEMP.SILT FENCE VI-6
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
890.05 TEMP. SLOPE DRAIN- Vl-8
WITH EARTH BERtit
245.02 -------------------
SILT BASIN
Vl-1?
TYPE-B
-- - - - - - - - - - - - - - - - - - - - - - - - - - - -
895.10 TEMP. ROCK SILT CHECK ? ? ? ? V1-16
TYPE-B
892.02 -
TEMPORARY - - - V1-20
ROCK SEDIMENT DAM
TYPE-B
- - - -
•897.01 ROCK PIPE INLET - - V1-22
PROTECTION -
894.01 -.-.._------.--.-- --------- V1-24
ROCK SILT SCREEN
- - - - - - - - - - - - - - - - -

EC-1-STING FENCE: ::?- OR -- +
PROPOSED ROAD: }
-
--------------------
--------------
EXISTING ROAD: } -------
------------------- -------
-----------
R.AILROAD : ?:D

CONTROL OF ACCESS LINE--------- --•-----•-•-----•-- --------------
c
------------------- ---------
SLOPE STAKE LINE: } _ . - - ' - - • - ?'
} I II I II
BRIDGE: --------• ---------- -----------1-
CONCRETE CULVERT: ?-
--------------- ---
--------------
CHIP PIPE CULVERT ?-

W
OODS _

OR
.
TELEPF. O\LFE 0RT-LEGR--'Ph POLE: = EXISTING: -o-- PROPOSED: --0-
TOWER POLE LINE: } - - ° - Ll - ° - - ' '
POWER POLE:
-- EXISTING: PROPOSED: O
-----------------------------------
EASEyIENT LINE: ??-
GUARD RAIL:
- - _ _
-
SANITARY SEWER LINE: ?-- _ _
-? S. S. - -
- -
- - - - S.S.
- - - -
-

WATER LINE: ?-
11 ?--
-
------ --- -------- - -
---'
if {
---------------
GAS LINE: ^
------- - -------- ---------------
BRUSHBARRIER - ------------
EXISTING CHANNEL: _---___ _ A'_ _-_ __- _ -
PROPOSED CHANNEL CHANGE:
FIBER GLASS ROVING: :- -_____-______-FGR -_------------
N r"'
N

? Q

N

IL

i
\o??F w H T F9pL

Mr. J. B. Setzer, P.E.
Division Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2005
Subject: Permit Application for Proposed Road Improvements
DWQ Project No. 050896
NCSR 1205A
Haywood County
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the subject
project. Review of your application revealed it was lacking necessary information required for making an informed
permit decision. The permit application was deficient in the following areas:
• A stream was observed at Station No. 17+30, which may be impacted by the proposed road
construction. The application did not indicate that there would be impacts at this site; however, the
straight line drawing indicated that the pipe would be replaced. If this culvert is to be replaced it should
be listed as impact on the 401 Certification Application. Please provide an updated application, when
additional information has been obtained.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we receive the
requested information. Furthermore, until the NC Division of Water Quality receives the information, we request (by copy
of this letter) that the US Army Corps of Engineers place the permit application on hold.
If you have any question or require additional information, please contact Mike Parker at 828-296-4500.
Sincerely,
cc: Angie Pennick, USACE Asheville Field Office
Mark Davis, Division 14 DEO
Transportation Permitting Unit
Asheville Regional Office
n
Alan W. Klimek, P.E., Director
Division of Water Quality
1[A@WVffl1
JUN ] 5 2005
y?Lp DS AND STfORWATER BRANCH
One
Np
r hCaro
_lina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.encstate.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WQ Supervisor: Roger Edwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1205A
Project Number 05 0896
Recvd From DOT
Received Date 5/24/05 Recvd By Region
Project Type pave road
County GRAHAM
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
NW 14 Stream O YO -NF-F2 19-52--9 WS111 I - 40,404. F__ F___ F___ ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y t0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 351735 Longitude (ddmmss) 834605
Comments:
Site inspection indicated that there was a stream at Station 17+30 that was not included in the 401
Permit Application. Placed project on hold 06/13/05 to let DOT review project,
cc: Regional Office
Central Office Page Number 1
os ti? 0?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
0.50896
May 9, 2005
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
Berts Creek - SR 1205A, Graham County.
State Project No. 14C.038007
Dear Ms. Pennock:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade
and pave Berts Creek Road, in Graham County. This proposal entails widening and
paving the existing gravel road to a standard 18-foot roadway. The proposed
improvements of Berts Creek Road 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 straight-line diagram with construction limits along this project. In
addition, I am sending a typical section of the road, cross section drawing for pipe culvert
replacement 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 wildlife 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 or endangered species for the
Bert Creek watershed. Additionally, there are no records for Tulula Creek between the
confluence of Bert Creek and Santeetlah Lake. The unnamed tributary is small and is not
of sufficient size to provide habitat for fish or mussels. The impacts from the pipe
replacement will result in very minimal impacts. For these reasons, this project will have
"no effect" on threatened and 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. Thg erasion: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 tributary to Bert Creek is small but has perennial flow. The channel is
composed of sand and gravel and lacks vegetation within the channel. For these reasons,
we believe this stream is under the jurisdiction of the U.S. Army Corps of Engineers. In
order to complete the above-mentioned improvements along Berts Creek Road in
Graham County, it will be necessary to impact waters of the United States in the Little
Tennessee River Basin. Specifically, NCDOT is requesting to replace one metal culvert
in an unnamed tributary to Berts Creek (DWQ Class: WS-III). Listed below is a
summary of the proposed impact.
Station Existing Proposed Net Impacts Stream Class
Condition Condition Name
Site #1 30'X 36" CMP 30'X 36" CMP 0 extension UT to Berts Creek WS-III
12+00
Total Impacts = 0 feet
Permits Requested
NCDOT is hereby requesting authorization under NWP 14 and 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, North Carolina Wildlife Resources Commission
(NCWRC) Western Mountain Region Coordinator, 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. Jones
County Maintenance Engineer
Copy: Mr. John Hennessy, DWQ, DEHNR ( 7 copies)
Mr. David McHenry, Western Mountain Coordinator, NCWRC
Mr. W.T. Grindstaff, District Maintenance Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. Mike Parker NCDOT Coordinator, DWQ, DEHNR
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. J.B. Setzer, PE, Division Engineer, NCDOT
Office Use Only: Form Vp.rsion May 2002
USACE Action ID No. DWQ No.050896.
kir any particuiar item is not appiicamq 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: N WP-1
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: PO Box 1551
Andrews. NC 28901
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address:: miones d]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 A. Jones
Company Affiliation: County Maintenance Engineer
Mailing Address:_ (same as above)
Telephone Number: Fax Number:
-niail Address:
Pagel of 8
III. Project Information
Attach a vicinity, map clearly showing the location of the property with respect to local
landmarks such as tovvfis, 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: Berts Creek. SR-1205A
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.038007
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Graham Nearest Town: Robbinsville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Robbinsville take US 129
South approximately 4 miles. Turn left onto SR 1204 and proceed 0.6 miles to beginning of
Project on right. SR 1205A.
5. Site coordinates, if available (UTM or Lat/Long): 35.293 N - 83.768 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): < 1 acre
7. Nearest body of water (stream/river/sound/ocean/lake): Berts Creek
8. River Basin: Little Tennessee River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.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: Forest / residential
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Erosion control, drainage, clearing and grubbing, stabilization, base, pave and stripe.
Utilize backhoe, trackhoe, dozer, dump trucks and crew cab.
11. Explain the purpose of the proposed work: Construct road to current NCDOT secondary
road 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.
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.
N/A
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 8
1. Provide a written description of the proposed impacts: N/A
2. Individually list wetland impacts below: N/A
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://www.lcma.t ov.
*** 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 replaced None UT to Berts Creek 2' perennial

Liss eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
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.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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/embanlcment, 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: Expected pond surface area:
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.
Erosion and siltation control measures and BMP's will be used during construction to avoid
environmental impacts.
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 8
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://l12o.enr.state.nc.us/ncwetiands/strmgide.litm1.
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.
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 6 of 8
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 docwnentation.
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
(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
Lone ? extenas out su teet perpenoicutar trom 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.
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 existing compacted gravel roadway acts as an impervious surface. Paving of the roadway
should eliminate sedimentation from fines associated with gravel surface treatment. Stormwater
will be diverted through settling basins or grass lined buffers prior to entering streams.
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).
N/A

Applicant/Ag is Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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(REVISED)
(043) .' GRAHAM
ROAD NAME: BERTS CREEK ROAD NO. 1205- A
WORK ORDER NO. 6.932085
FROM, CL INTERSECTION SR-1205 & 1204 STA. 0+00
TO: 20+25 END OF MAINT.
ADDITION:
IMPROVEMENT:
TO BE PA VED:
PO NER POLES TO MO VE.
TELEPHONE POLES TO ATO VE.
RIGHT OF WA Y.'
RIGHT OF WA Y.,
SCALE:
DATE:
YES NO x

YES X NO

YE5 X NO

YES NO x

YES NO X '
50'

X 45'
1 50'
8-02-04
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' 6' i
i i BULD.
.....................
/
1:1 slope /
or flatter
i BFiLD.
I oitC11 i
' I '

POLEDALS
.:. .,.
i
OA T! , ' BERTS CREEK ROAD SHEET NO. 1 OF 1

i SR 1205 A
?.???, '< E GRAHAM

NANTAHAL POWER & LIGHT

CL at , CL aF t IZa?.

5T,?1T?(7N ??i tF LT Rt Ltt T L7,
`...AS

1 GW
20+25 MOVE 1 GW 25' RIGHT OF NEW C/L

i
PIPES.XLS

PROJECT NO. FLOW
STATION SIZE LT. RT. REMARKS
2+05 18" CMP REPLACE WITH NEW 18" CMP
11+89 36" CMP REPLACE WITH NEW 36" CMP
17+34 24" CMP REPLACE WITH NEW 24" CMP

STR.45-1 SfOO _ - S??® STR45-1
I

(3) I
415,
I?
1 ..So

'

4.00 I
I
I
1
I
I'

,00

3.50 I
I
1
I
I

3.50

3.00 I
I

I

3.00

(1) I
1
I
2.50 1 2.50
416'
I?

r? I
-18" 1 CMP_
I
I

r•SO I
1
1
I
r.sa

1400 I
I

I
I

1.02

0.50 I
I
1
I

0450
I
416'

. I
I
(2)
ROY GROOMS
P 0 BOX 803
ROBBINSVILLE, NC 28771
(1)
REPLACE W/18" CMP
OfOO Oa-OO
'L,
STR.45-2
(6)
DOUGLAS RIDDLE
120 PUMPKIN CENTER LOG
QUINTON, AL. 35130
(5)
110fOO - 1- , ZOf-OO
9+80 1 9+80
41S.
I I?
9.50 1 9.50
I
I
I
I
9.00 9.00
I
I
I
I
8#50 8.50
I
I
I
I
8400 i 8.00
I
BRIAN RIDDLE
139 BERTS Cr. CIRCLE 1
ROBBINSVILLE, NC. 28771
7.50 1 7.50
I6,
(4)
7+35
I
I
7.00 1 7.00
-I
I
I
8.50 -1 8.50
I
I
(2)
STR45-2
(7)
DALE & JERRI LAUGHTER
1 PO BOX 382
ROBBINSVILLE NC 28771
BETTY RIDDLE
P.O. BOX 1007
WAKE FOREST, NC 27588
(3)
8.00 8W0
I
I
I
I
5#50 1 5#50
I
I
I
5+00 1 ?SfOO
STR45-3
(8)
PETER ZIMBELMAN
RT 3 BOX 224-N
ROBBINSVILLE, N.C. 28771
(6)
STR45-3
.ZFifOO
. - I- Zg/O®
I
415'

BERT CHELF
14.50 1 14450 RT 3 BOX 164
I
I ROBBINSVILLE, N.C. 28771
1 '(9)
14400 14.00
I
13+80
f
I
13.50 1
I
I 13.50

13*00 I

I
I
13+00
I
I
JOE & RITA ELLER
12450 1 _ 11.50 RT 3
415, ROBBINSVILLE, N.C. 28771
I?
I
I (7)
12.00 11.00

REPLACE W/ NEWF36" CMP
?y
36, 1 CMP

1 S 7- E ??.
11.50
1
I 1t•50

11,00 I
I

I
I

11.00

10+50 i
I
10#50
415'
I
ZO?OO 1 '' .0 430
P
STR45-4 STR45-4
20+00 - 1- 20+0®
I
416'
I?
19+50 1
I
( 19+50

NELL BURROWS I
1 '
RT 3
1
ROBBINSVILLE, N.C. 28771 19+00 -
-
I 19+00
(11) I

16+50 I
1
I
I
16+50

1e+00 I
I
1

16+00

(9)

NOTE: REDUCE R/W TO 18' FROM
S
n 17+25 TO 18+00 FOR BARN.

1 BARN
17.50 P50
415'

7 0 I
o;
`:-o-
REPL
ACE W/NEW 24"
CMP

tt-:
) ,
aiJ J.
'
NANCY J. GEIMER
(8) (10
) 24" I CMP
y CONGRESSMAN CHAMBLISS 3
1204
3113 VINEVILLE AVE. MACON, GA. 17.00 17,00
I

JOHANNES C. MARS, TR.

Id-50 I
I
1

16 .50
498 N.E. 28th RD. I
BOCA RATON, FL.
33431 I
(8) I
16+00
I
I 1600

15+50 I
I
i
I

15+50
I
415'
TV -
.7? 1
ZS+00 1 ZS+00
STR45-5
. 2S+OO
' ?- STR45-5
2??-OO
21.50 21.50
21.00 21400
27.50 I 2J+50
23+100 (
-I- 27.00
22.50 I 22.50
415'

22.00 22.00
21+50 I 21#50
21+00 21+00
20#50 20+50
END OF MAINT. 20+25 20+25 END OF MAINT.
MOVE 1- GW OFF_ R/W
( 11) SO?OO _ ?_ mOfaO (9 )
ECDS-STR.
STD. NO. I DESCRIPTION:
EROSION CONTROL
DETAILS & SPECIFICATIONS
SYMBOL:
PG. NO.
.245.03 TEMP. SILT DITCH TSD V1-2
.245.05 ---- ---------- r
- --
TEMPORARY
DIVERSION TD Vl-4
- - - - - - - - - - - - - - - - - - - - - - - -
893.01 TEMRSILT FENCE 111 111 vl-6
----------------------------
890.05 TENIP. SLOPE DRAIN.
WITH EARTH BERIA
245.02 -----------------
SILT BASIN
x.17
TYPE-13
-- - - - - - - - - - - - - - - - - - - - - - - - - - -
895.10 TEMP. ROCK SILT CHECK V1-16
TYPE-B
-- - - - - - - - - - - - - - - - - -
892.02 TEMPORARY - - - - - - - - - VI-20
ROCK SEDIMENT DAM
TYPE-B
897.01 - - - -
ROCK PIPE INLET VI-22
PROTECTION
894.01 V1-24
ROCK SILT SCREEN
-- - - - - - - - - - - - - - - - - - - - - - ---
.-)h ;c,R11J1'1UN SYAfB0L
E1?ISTING FENCE: :-- OR
------------ -
----- ---------
PROPOSED ROAD: }-
EXISTING ROAD:
- --

RAILROAD: -- -- -------------
CONTROL OF ACCESS LINE--------- C
------------------ - ----------
SLOPE STAKE LINE:

BRIDGE
} ------------------- ---------------
: --------------- -- -------
CONCRETE CULVERT: ?-
C1vIP PIPE CULVERT ?- _ _ - _ - _ _

WOODS:
OR --•------
TELEPHONE ORTELEGR_-'-PH POLE: } EXISTING: --o--
. _
_ ... PROPOSED:--0-
_ .

TOWER POLE LINE: _ ._. o ._ _-_ ; _
POWER POLE: EXISTING: PROPO
-- SED: O
---------------
EASEtiIENT LINE: - - - - - - _ ---_I: _

GUARD RAIL:

SANITARY SEWER LINE:
?- _ • -
-? S.S. - • - .~
- - _
_ •S.S. - - - - . - • - -

WATER LINE: ?- -{ i - I {-- - - • - - -

GAS
LINE: } ------- ^-----?
---- ---------------

BRUSH BARRIER --- ----------

--------- ---- ---------------

--------------
EXISTING CHANNEL :
----------
---
-------
----- -------
PROPOSED CHANNEL CHANGE:
-------------
--------------
FIBER GLASS ROVING: -- F G R.