20080979 Ver 1_Application_20080616

STATE of NORTH CAROLINA
J/V '
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
June 2, 2008
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY
080978
Subject: Nationwide 14 Permit Application
SR 1146 - Allens Creek Road
Haywood County
State Project No. 140.044072 (DWQ Minor Permit Fee $240)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to widen the
shoulder on a section of SR 1146, Allens Creek Road, in Haywood County at a point 1.2
miles from US 23 Business. This proposal entails the shoulder a one point o provide a safer
road for the traveling public. The proposed improvements of SR 1146 have been identified as
necessary maintenance and safety improvements. Funds have been allocated for this project,
and NCDOT would like to perform these activities sometime during the 2008-09 paving
season.
I am sending a typical section of the road, cross sections, drawings for pipe culvert
replacements as well as a marked county map and USGS quad map. We propose to install the
new culverts slightly below the existing streambed elevations where bedrock is not
encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to
remain as unchanged as physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of threatened or endangered species for the
unnamed tributary of Browning Branch. Additionally, there are no records for Browning
Branch from downstream of the confluence of the unnamed tributary to Richland Creek.
There are no records for the main stem of Richland Creek down to Lake Junaluska. The
unnamed tributary is small (2 feet in width) and is not of sufficient size to support freshwater
mussels; fish habitat is also very limited in the project area. Impacts from the single culvert
replacement should be minimal. For these reasons, we believe there will be "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.
Impacts to Waters of the United States
The unnamed tributary of Browning Branch is shown on the USGS topographic map as a
perennial stream. The stream has a defined channel composed of sand and silt with some
gravel. The channel lacks vegetation. The stream flows directly into Browning Branch
approximately 0.2 miles downstream. Browning Branch in turn flows into Richland Creek
1.9 miles further downstream. Richland Creek meets the definition of a Traditional Navigable
Water. For these reasons, we believe that the unnamed tributary is a Relatively Permanent
Water, and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to
construct the project in accordance with our current secondary road standards, it will be
necessary to impact waters of the United States in the French Broad River Basin.
Specifically, NCDOT is requesting to extend/replace one metal culvert in an unnamed
tributary of Browning Branch (DWQ Class C, Tr). Listed below is a summary of the
proposed impacts.
Site No,
Existing Condition
Proposed Condition Net
Impacts
Station

Site , 0-20 40' x 24" CMP 135' x 30" CMP 95 ft
to 1+12
Site 1; 0-20 Free Flowing Temporary Dike/Flow Diversion 185 ft
to 1+12 Channel
Total Permanent Impact 95 linear, feet
Total Temporary Impact 160 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 requesting Mr. McHenry and
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment
directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 488-
2131. Your early review and consideration will be greatly appreciated.
pona erethan L. Woodard, P.E.
District Engineer
cc: Mr. Brian Wrenn, DWQ, DENR, Raleigh (four copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain-Region Coordinator, NCWRC
Mr. Troy Wilson, Biologist, USFWS Asheville
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Ms. B. T. Williams, P.E., Haywood County Maintenance Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 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, 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
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
Bryson City, NC 28713
Attn • J L Woodard PE District Engineer
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: jwoodard(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:
Company Affiliation:
Mailing Address:
N/A
N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a.small scale such that the-final version is illegible, the applicant will be informed that
the project has been placed on hold, until decipherable maps are provided.
1. Name of project: Widen grade drain and pave SR 1147 Allens Creek Road in Harwood
Count
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.044072
3. Property Identification Number (Tax PIN):
4. Location
County: Haywood Nearest Town: Waynesville
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Jackson County take the
first Waynesville Exit for US 23 Business (Exit 98) Turn right at the bottom of the ramp and
go to the stop light Turn left onto US 23 Business at the stop light and follow to SR 1147.
Turn right on SR 1147 and go approximately 1.2 miles This is the project
5. Site coordinates, if available (UTM or Lat/Long): 35.4515° N 83.0029° 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): 0.06 acres
7. Name of nearest receiving body of water: Browning Branch (C Tr)
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.ne.us/admin/mqps!.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: This
project includes filling earthwork where needed replacing old drainage structures that are
inadequate making the road safer by changing the road profile and paving. Equipment to be
used will be Track Hoes Back Hoes Dump Trucks Bulldozers Manual Labor, sandbags,
pumps and diversion pipes.
11. Explain the purpose of the proposed work: To widen the shoulders at one point and
improve the safety of SR 1147 to meet current NCDOT standards.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE-Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
COE Action ID 200630368, NW 3 for rolacement of three culverts with 14 feet of impact
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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.
1. Provide a written description of the proposed impacts: Plastic sheeting and sandbags will be
placed in the stream channel above culvert to create an impervious dike. _Water will be
Page 3 of 8
diverted or pumped around culvert installation site. Culverts will be installed and the
temporary impervious dike will be removed after culvert installation.
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,
1.. 1- ;-,+o .i„P to tenth etnictirre and flooding.
aGNala

Wetland Impact
Site Number
(indicate on map) wly uoL .... t,....?., ....... ? ..

Type of Impact .............------ ---- --
T e of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
(yes/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
N/A

Total Wetland Impact (acres)
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
W__U. L. . 1,10,1 -r„ -1n111ata anraaQe multinly length X width. then divide by 43,560.
1r1SL VG ll1Gluu?u. >,v --- ----- ....,..»b-, ----- --r-? ----o--
Average -
Impact
Area of
Stream Impact Perennial or Stream Width Length
Impact
Number Stream Name Type of Impact Intermittent. Before Impact (linear (acres)
(indicate on map) feet)
1 @ Station 0-20 to UT to Browning Culvert Extension P 2 95 0.00436
1-F 12 Branch
1 @ Station 0-20 to UT to Browning Flow Diversion P 2 160 N/A
1+12 Branch
Total Permanent Stream Impact (by length and acreage) 95 600436
Total Temporary Impacts for Flow Diversion & Impervious Dikes Respectively 160 N/A
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
.1:11 , .,.,+i- .1railnincr flnnrlina drainnue_ bulkheads. etc.
Open Water Impact

(indicate Site on Number map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean. etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
Page 4 of 8
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream impact (acres): 0.00436
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.00436
Total Stream Impact (linear feet): Permanent 95
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:
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Culverts will be extended the
minimum length necessary to meet current NCDOT standards New culverts will be placed
below the existing stream bed so natural substrate can be re-established. The culvert installation
sites will be de-watered to minimize impacts from sedimentation. Streambanks at the culvert
outlets will be stabilized with rock along the lower one-third of the bank and coir matting on the
upper two-thirds if needed.
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 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
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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.eni.state.nc.us/wip/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 of Non-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 ?
Page 6 of 8
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 a NEPA/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
(Neuse), 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
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
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone i 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.
Page 7 of 8
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams (See erosion control plan)
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. 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/ncwetiands. If no, please provide a short narrative description:
This road is all ready a two lane paved road This project will only improve the shoulder of the
road to prevent an accident.
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).
D1?
Applicant/Agent's Signature hate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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VICINITY MAP
Haywood County
State Road Number: 1147