20070761 Ver 1_Application_20070503

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STATE OF NORTH CAROLINA

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DEPARTN~NT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
Apri124, 2007
Mr. David K. Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers O ~y
151 Patton Avenue, Room 208 / ®~
Asheville, NC 28801-2714
Subject: Nationwide 14 and Nationwide 33 Permit Application
SR 1345-B, Ebenezer Road Culvert Installation
Cherokee County
State Project No. 14.202021 (DWQ Minor Permit Fee $200)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to install a new pipe at an
existing ford on SR 1345-B, Ebenezer Road, in Cherokee County. The improvements of SR 1345-
B have been identified as necessary maintenance and safety improvements. Funds have been
allocated for this project and NCDOT would like to perform these activities sometime during spring
2007.
I am sending a pipe installation detail as well as a marked county map and USGS quad map. We
propose to install a new culvert 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 unchanged as physically possible.
The North Carolina Heritage Database was checked for records of federally endangered or
threatened species. There are no records listed for Rose Creek. Additionally, there are no records
for the entire Rose Creek watershed. Rose Creek is small and is not of sufficient size to support
threatened or endangered mussel species. Additionally, there are no records of threatened and
endangered species for the adjacent watersheds, Dockery Creek and Grape Creek. The impacts
from the culvert installation should be minimal. For these reasons, we believe there will be "no
effect" to endangered or threatened species.
Impacts to cultural and historical 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 construction.
The best management practices will be used to minimize and control sedimentation and erosion on
this project. The construction foreman will review all erosion control measures daily to ensure
sedimentation and erosion is being effectively controlled. If the planned devices are not functioning

as intended, they will be immediately replaced with better devices. The rock silt screens and other
erosion control devices will be in place prior to pipe culvert construction and will remain in place
until the project is stabilized.
Impacts to Waters of the United States
Rose Creek is shown as a perennial stream on the USGS topographic map. The stream has awell-
defined channel with a substrate of gravel, cobble and boulders. The stream channel lacks
vegetation. For these reasons, we believe this stream is under the jurisdiction of the U.S. Army
Corps of Engineers. To complete this project, it will be necessary to impact waters of the United
States in the Hiwassee River Basin. Specifically, NCDOT is requesting to install a new culvert in
Rose Creek (Class C). The impacts are listed below.
Site No.
Station Existing Condition Proposed Condition Net Impacts
Site 1 Open Channel--Ford 60" x 46" CMPA 50
Site lA Open Channel Temporary Dike with Sandbags 60 ft2
Site 1 A Free Flowing Channel Flow Diversion 75
Total Permanent I~r~pacts _ ~O linear feet
Temporary Impacts for Flow Diversion and Dikes 75 linear 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, Mountain Region Coordinator of 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 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 [phone].
Your early review and consideration will be greatly appreciated.
Sincerely,
~~ ~~~
Steven M. Buchanan
County Maintenance Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (four copies)
Mr. Mike Parker, NCDOT Coordinator, DWQ, DEHNR (1 copy)
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. Joel Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT

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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality
Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1345-B, Ebenezer Road, Cherokee County
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NCDOT Division 14, District III
Prepared by: Steven M. Buchanan
County Maintenance Engineer
Cherokee & Graham Counties

Office Use Only: Form Version March OS
2007076
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 and NW 33
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, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation (NCDOT)
Mailing Address: 191 Robbinsville Road
Andrews, NC 28901
Attn: Steven Buchanan
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address: sbuchanan(a~dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
N/A
N/A
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe 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: SR 1345B -Ebenezer Rd -Wet Pipe Installation
2. T.I.P. Project Number or State Project Number (NCDOT Only):14.202021
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cherokee Nearest Town: Andrews
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Murphy at the
intersection of US64 & US74, take SR1326 (Peachtree St) and follow North. SR1326 road
name changes to Tennessee St. and then changes to Joe Brown Highway. Follow SR1326 to
SR 1331 (Hang Do~Rdl. Turn Right onto SR 1331 and follow until SR 1345 (Ebenezer
Rd). Turn left onto SR1345 and follow until end of pavement. Site is 450 feet past end of
pavement.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): Attached
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Rose Creek (Class C)
8. River Basin: Hiwassee River
(Note -.this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~p://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 9

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, pasture, residential
10. Describe the overall project in detail, including the type of equipment to be used: NCDOT
will install a wet pipe to eliminate a ford through a stream of SR 1345 (Ebenezer Roadl. The
pipe work will be accomplished using backhoes, dump trucks, pumps and various hand tools.
11. Explain the purpose of the proposed work: Installation of pipe to eliminate a ford through
the stream for maintenance and safety concerns.
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.
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 9

1. Provide a written description of the proposed impacts: A corrugated metal pipe will be
installed at an existing ford. The stream will be diverted around the work area duri~
installation of the pipe.
2. Individually list wetland impacts. Types of 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.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or

Intermittent? Average
Stream Width

Before Im act Impact
Length

(linear feet Area of
Impact

acres
Site 1 4+55 Rose Creek Culvert P 6 50 0.00689
Site lA 4+55 Rose Creek Impervious Dike P 12 (Dike) 5 0.00137
Site lA 33+70 Rose Creek Flow Diversion P 6 70 N/A

Total Stream Impact (by length and acreage) Permanent 50 0.00689
Total Temporary Impacts for Flow Diversion and Impervious Dikes Respectively 75 0.00137
Page 4 of 9

Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma)
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact

(acres)
N/A N/A N/A N/A N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Im act (acres): .00689
Wetland Irri act (acres): N/A
O en Water Im act (acres): N/A
Total Im act to Waters of the U.S. (acres) .00689
Total S1~reannhn a~t(linear feet :Permanent ~0
Total Flow Diversion Im act (linear feet) Tem orar 75
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. 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
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
Page 5 of 9

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. Roadway features were
designed not to exceed North Carolina's minimum secondary roadway standards. Therefore
impacts were minimized to the extent possible, including pipe len~,ths.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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
ham://h2o.enr. state.nc.us/ncwetlands/stun€ide.html.
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.
N/A
Page 6 of 9

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 written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does 'the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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 aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify? N/A Yes ^ No
Page 7 of 9

2. If "yes", 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
s uare feet Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The roadway surface is approximately 75% of
the ri>?ht of w~area. Stormwater will be diverted through settling basins lined with filtering
stone or Qrass 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
Page 8 of 9

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This nroiect is limited to installation of a culvert at an existing ford The improvements of this
scone are not expected to result in significant secondary development or cumulative impacts
XV. 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
4 /30/T.~o
C..~pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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COUNTY:_C_HEROKEE
SR. NO. 1 345-A
RD. NA1ME: EBENEZER RD
PIPE STA'. 4+55
SITR 210. 1

K. DAMES AS REQ.

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SD TYPE B
12'X3'X2'

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~ 35° 0.9 1 751 N.

840 05 1 .671 S+'.

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SR 1345 Ebenezer Rd
Site #1 4+55
35.17083° N
84.10194° W
Proposed Inlet
Proposed Outlet