20051435 Ver 2_Application_20080804

Q Eastern Federal Lands 21400 Ridgetop Circle
U.S.Department Highway Division Sterling, VA 20166-6511
of Transportation
Federal Highway
Administration

JUL 3 1 In Reply Refer to: HFPP-15

North Carolina Dept. of Environment & Natural Resources
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

Subject: Project PRA-BLRI 2P14, Blue Ridge Parkway Rehabilitation
Pre-Construction Notification Application Form for Section 401 Certification

Dear Sir or Madam:

The Eastern Federal Lands Highway Division (EFLHD), of the Federal Highway Administration
(FHWA), in cooperation with the National Park Service (NPS), has proposed to resurface and
rehabilitate approximately 16 miles of the Blue Ridge Parkway (Parkway) in Yancey and
Buncombe Counties, North Carolina. .

The project consists of resurfacing and rehabilitating the Parkway, pull-offs, and parking areas
from mileposts 359.8 to 375.3. There are three tunnels, six parking and pull-off areas, one
visitor center parking area, and one picnic parking area, having a 1.2-mile access roadway from
the Parkway. The work involved includes pavement removal, milling, pavement patching,
asphalt paving, shoulder stabilization, stone curb removal and replacement, concrete curb
removal, drainage work, guardrail replacement, tunnel drainage repair along shoulders, and
miscellaneous work. Drainage work consists of inspecting and evaluating culverts, inlets, and
ditches for potential cleaning, reconditioning, and/or replacement.

R@K901FRa

AUG 4 2008

DENR - WATER QUALITY
VVEPLANDS AND STORMWATER BRANCH

AMERICAN
ECONOMY Y,,

2

I
i
EFLHD previously obtained a Section 401 Water Quality Certification from your office. Due to
budgetary reasons, the project was unable to move forward allowing the Certification to expire.
Now that the project is ready for construction, we hereby request review of these materials for
the re-issuance of a Section 401 Water Quality Certification. Please find enclosed seven copies
of USACE Permit materials including a copy of the original Section 404 Permit, a completed
Pre-Construction Notification Application Form, and topographic maps showing the location of
the project and blue line streams, and a check for the $570.00, the application fee.. The project
has not changed from the original permitted activity. If you have any questions concerning the
matter, or require further information, please contact Mr. Eric Beightel, Environmental
Protection Specialist, at 703-404-6333.

Sincerely yours,

Kevin S. Rose
Environmental Compliance Specialist

Enclosures

cc:
Mr. Dan Brown, Superintendent, Blue Ridge Parkway, National Park Service, Asheville, NC
Ms. Suzette Molling, Environmental Protection Specialist, Blue Ridge Parkway, National Park
Service, Asheville, NC
Mr. Kent Cochran, FLHP Coordinator, Southeast Region, National Park Service, Atlanta, GA
Mr. Leon Clifford, Project Manager, Denver Service Center, National Park Service, Denver, CO
Mr. Gail Stahlecker, Landscape Architect, Denver Service Center, National Park Service,
Denver, CO

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.

Page 5 of 17

Office Use Only: Form Version May 2002

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP 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: Federal Highway Administration / Eastern Federal Lands Highway Division
Mailing Address: 21400 Ridgetop Circle Sterling, VA 20166

Telephone Number: 703-434-1541 Fax Number: 571-434-1577
E-mail Address:[e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:

Telephone Number: Fax Number:
E-mail Address:

Page 6 of 17

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:_PRA-BLRI 2P14, Resurfacing / rehabilitation of 16.5 miles of Blue Ridge
Parkway

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): N/A

4. Location
County: Yancey & Buncombe Nearest Town: Black Mountain, Asheville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):-Blue Ridge Pkwy. MP 359.7 -
375.1.

5. Site coordinates, if available (UTM or Lat/Long): Latitude-N35 44.58_ Longitude-W82
20.33. See attached topo maps.
(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): Project is 16.5 miles of roadway, project disturbance is 21 acres

7. Nearest body of water (stream/river/sound/ocean/lake): Tributary of Bull Creek, Shope
Creek, and Wolf Branch

8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.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: See project details below.

Page 7 of 17

Describe the overall project in detail, including the type of equipment to be used:

(a) GENERAL
The Blue Ridge Parkway is a two-lane asphalt paved roadway. This project consists of
resurfacing and rehabilitating the Parkway, pull-offs and parking areas from Milepost 359.8
to Milepost 375.3. There are 3 tunnels, six parking and pull-off areas, one Visitor Center
parking area, and one picnic parking area having a 1.2 mile access roadway from the
Parkway. The project includes pavement removal, milling, pavement patching, asphalt-
paving, shoulder stabilization, stone curb removal and replacement, concrete curb removal,
drainage work, guardrail replacement, tunnel drainage repair along shoulders, and
miscellaneous work. Drainage work consists of inspecting and evaluating culverts, inlets, and
ditches for the need for cleaning, reconditioning, and replacement. Safety design and
recommendations for safety improvements will be required. Replace or provide handicap
access to current ADA guidelines.

(b) PARKWAY
The project limits extend between Milepost 359.8 at the Balsam Gap Overlook, to the new
pavement at Milepost 375.3. Provide pavement patching in areas of subgrade distress, or
severely deteriorated pavement. Mill and overlay, or overlay entire Parkway within project
limits. Clean and overlay all asphalt ditches not requiring reconstruction. Repoint and/or reset
stone in rubble ditches requiring rehabilitation. Regrade all shoulders with aggregate-topsoil
to within 1/2 inch of edge of pavement final grade. Replace deteriorated guardrail with new
steel-backed-timber guardrail and extend to cut slopes or clear zone, as required. Analyze
Parkway for safety improvements including locations requiring placement of guardrail, signs,
and replacement of old or damaged sign panels not meeting current MUTCD standards for
size, legend, color, or retroreflectivity. Restripe pavement markings. In addition, provide the
following:
(1) Approximate to Mileposts 361.6, 362.0, and 362.5 are locations of pavement settlement
and movement due to unstable embankment and subgrade. Develop details and
specifications for repair by use of bench undercut, geotextile reinforcement, aggregate
backfill, underdrain, and other approved methods.
(2) Pave side entrance to gate at milepost 363.5.
(3) Craggy Pinnacle Tunnel at milepost, 364.4. Repoint stone rubble ditch along right side of
Parkway.
(4) Craggy Flats Tunnel at milepost, 365.5. Construct stone rubble ditch along right side of
tunnel.
(5) Pave side entrance to gate at milepost 373.6.

(c) PARKING AND PULL-OFFS
Remove and reset stone curb. Replace any broken stone curb with stone curb matching in
appearance to the existing curb. Replace all existing stone curb having less than 16-inch
depth. Provide pavement patching in areas of subgrade distress, or severely deteriorated

Page 8 of 17

pavement. Mill and overlay, or overlay entire parking and pull-off pavement limits. Replace
all existing asphalt sidewalks with new 6 feet wide sidewalks where feasible. Clean and
overlay all asphalt ditches not requiring reconstruction. Restripe all parking stalls. In
addition, provide the following:
(1) Balsam Gap Parking Area, at milepost 359.8. Replace curb if less than 16-inch depth.
(2) Glassmine Falls Parking Overlook, at milepost 361.2. Remove and replace asphalt
sidewalk at parking area, including to overlook with same width sidewalk. Overlay
overlook. Extend asphalt sidewalk to interpretive sign. Replace locust split rail fence with
new split rail fence made from bark-stripped locust rails. Regrade ditch from culvert
under sidewalk to headwall. Repair or replace damaged or missing stones in stone wall at
overlook, and stone steps in sidewalk to overlook.
(3) Graybeard Mountain Parking Overlook, at milepost 363.4. Remove existing 7 feet wide
sidewalk and replace with 6 feet wide sidewalk. Replace locust split rail fence with new
split rail fence made from bark-stripped locust rails. Remove and replace inlet grate with
flat grate, clean inlet and culvert pipe.
(4) Craggy Dome Parking Overlook, at milepost 364.1. Remove asphalt curb and replace
with stone curb. Replace asphalt sidewalk, provide geotextile fabric with aggregate base
for support at stone wall. Replace stone on steps for the upper parking area. Clean
clogged culverts. Regrade ditches to inlet.
(5) Lanes Pinnacle Parking Overlook, at milepost 372.1. Remove and replace asphalt
sidewalk with 6 feet wide sidewalk, add embankment as required. Remove and reset
stone median, replace missing or broken stone. Replace wooden guardrail with steel
timber-backed guardrail.
(6) Bull Creek Valley Parking Overlook, at milepost 373.8. Remove existing sidewalk
towards picnic area and replace with new sidewalk, approximately 40 feet in length.

(d) CRAGGY GARDENS VISITOR CENTER PARKING AREA
Remove and reset stone curb. Remove and replace asphalt sidewalk to same width. Repoint
loose masonry stones in wall. Repair deteriorated inlets and culvert pipes. Provide grouted
riprap or rubble splash pool at culvert outlets. Provide flagstone and granite wall overlook
across from the Visitor Center building per NPS layout. Provide asphalt walkway from
visitor center entrance to parkway edge of pavement opposite the overlook.
(e) CRAGGY GARDENS PICNIC AREA
Provide pavement patching in areas of subgrade distress, or severely deteriorated pavement.
Mill and overlay, or overlay entire access roadway. Remove and reset stone curb at access
road connection to Parkway. At picnic area parking, remove existing concrete curb behind
stone curb. Remove and reset stone curb. Remove and/or overlay asphalt sidewalk to same
width.

10. Explain the purpose of the proposed work: Rehabilitation. See above project description.

Page 9 of 17

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.
A Section 404 Permit Nationwide Permit 33, and a 401 Water Quality Certification had been
issued Due to budgetary reasons construction was never started and the permits have since
expired

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.
While projects on the Blue Ridge Parkway are continual no future projects are slated for the
parkway between the current project boundaries. Work on adjacent segments of the Parkway
could be coming in the future but will require separate permitting.

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.

1. Provide a written description of the proposed impacts.
Rehabilitation of some inlets may be required. Cleaning and rehabilitation of some inlets and
culverts will be required. Ditch reconditioning near inlets and outlets will be required.

2 Individually list wetland impacts below: No wetlands impacts will occur.

Wetland Impact Type of Impact* Area of Located within Distance to

Page 10 of 17

Site Number Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres (es/no) (linear feet)
N/A N/A N/A N/A N/A N/A

* 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.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (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 Average Perennial or
Site Type of Impact* Length of Impact Stream Width of Intermittent?
Number (linear feet) Name Stream Before (please
(indicate Impact specify)
on map)

Tributary of Bull Creek 374/31+25 Tributary
5X5 RCBC Water was flowing. 10. No new of Not
1 Recondition inlet ditch 10 l.f. and impacts. Bull determined perennial
remove debris from inlet. Creek

Wolf Branch 372/19+50 24" CMP No
water was flowing. Recondition inlet 301.f. excluding Wolf Not
2 ditch 301.f. and recondition pipe work on culvert. Branch determined perennial
culvert approximately 142 l.f. No new impacts.

Shope Creek 370/18+50 3X4 RCBC
No water was flowing. No work is to
3 be done on the box or in the creek N/A Shope Not Perennial
channel. Creek determined

Page 11 of 17

Stream at mp 365, 00+00, Recondition
Excluding work on Tributary
drainage structure/inlet top, line 18' of Not Unknown
4 culvert, no new of Sugar
pipe culvert impacts. Fork determined

Stream at mp 365, 10+50, Recondition Excluding work on Tributary
drainage structure/inlet top, line 18" culvert and Not
5 pipe culvert 73 1.£ (length existing inlet, no of Sugar determined Unknown
approximate, unable to locate outlet) new impacts. Fork

Stream at mp 366, 50+00, Recondition 10 1. f. excluding
drainage structure, recondition ditch 10 work on culvert Tributary 6 l.f.. Remove 24" pipe culvert, install which will be in of Beetree Not Unknown
36" pipe culvert, 79 l.f.. Install same location. No Creek determined
concrete headwall for 36" pipe culvert. new impacts.

Stream at mp 367, 00+00, Line 36" Excluding work on Tributary 7 pipe culvert 85 1.£ (length culvert, no new of Beetree determined Unknown

approximate, unable to locate outlet) impacts. Creek

Stream at mp 374, 30+00, Mile marker
indicates point where road
reconstruction begins. Recondition 10 l.f. excluding Tributary 8 drainage structures, recondition ditch work on culvert. of Bull determined Unknown
10 11 (remove debris from culvert No new impacts. Creek
inlet), recondition pipe culvert 145 l.f.

* 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

Page 12 of 17

www.us2s.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).

Cumulative impacts (linear distance in feet) to all streams on site: 60 l.f. All impacts are
reconditioning of ditches. No new impacts to areas outside culverts and inlet or outlet
ditches.

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbod Type of Waterbody
Site Number Type of Impact* Impact (if applicable) y (lake, pond, estuary, sound,
(indicate on ma (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
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.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

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.
Ditch reconditioning and culvert/inlet/outlet rehabilitation necessary to improve drainage, as well
as facilitate roadway resurfacing work and improve roadway. No alternatives were
considered because they would not serve the purpose of the project.

Page 13 of 17

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 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 NCWRP 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/strrngide.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.
Mitigation plan not developed Discussion with Corps personnel indicated that miti ag tion
was not required if work in blue line streams is to existing culverts. Linear impacts listed
above for the most part, result from the reconditioning of pipe culverts, which can involve
cleaning rehabilitation or replacement of the culverts. Also cumulative impacts on each
individual blue line stream do not reach 150 linear feet in each case.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at

Page 14 of 17

[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
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ® (Project is a CE.)

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
Yes ? No ® If you answered "yes", provide the following information:

Page 15 of 17

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 Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
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 project will have no new impervious area All work will take place within existing footprint.

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):

Page 16 of 17

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).

7~ - , Z/,~ Z ~ 22/0
plicant/Agen 's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 17 of 17

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. 200532784 County: Buncombe and Yancey USGS Quad: Craggy Pinnacle

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Eastern Federal Lands Highway Division
Address: Federal Highway Administration
21400 Ridgetop Circle
Sterling, Virginia 20166
Telephone No.: [phone]

Size and location of property (water body, road name/number, town, etc.): The proiect is located along
various sites on 16.5 miles of the Blue Ridge Parkway, in unnamed tributaries to Bull, Shope, and
Wolf Creeks, near Black Mountain, Buncombe and Yancey Counties, North Carolina. PRA-BLRI
2P14.
Description of projects area and activity: This permit authorizes the temporary discharge of fill
material associated with the maintenance of culverts .
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 33
Special Conditions
I. All work must be performed in strict compliance with the plans received by this office on July 29, 2005,
which are a part of this permit. Any modification to the permit plans must be approved by the USACE
prior to implementation
2. Failure to institute and carry out the details of these special conditions will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
3. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit, and any authorized modifications, including all
conditions, shall be available at the project site during construction and maintenance of this project.
4. This permit does not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area.
5. All conditions of the attached North Carolina Wildlife Resources Commission letter of October 4, 2005 are
hereby incorporated as special conditions of this permit.

6. The permittee will report any violation of these conditions or violations of Section 404 of the Clean Water
Act or Section 10 of the Rivers and Harbors Act in writing to the Wilmington District, U. S Army Corps of
Engineers, within 24 hours of the permittee's discovery of the violation.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide and Special conditions, the attached North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you

commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Angie Pennock at 828-271-7980.

Corps Regulatory Official Angie Pennock Date: November 29, 2005

Expiration Date of Verification: March 18, 2007

Determination of Jurisdiction:

® Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).

? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued Action ID

Basis of Jurisdictional Determination: Bull, Shope, and Wolf Creeks are tributaries to the French Broad River
System. The French Broad is navigable below the Wilson Bridge Crossing on US 276 around River Mile
196.5.
Corps Regulatory Official: Angie Pennock
Date November 29, 2005

Enclosures

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Brian Wrenn, DWQ
Mike Parker, DWQ

Permit Number: 200532784

Permit Type: NW33

Name of County: Buncombe and Yancey

Name of Permittee: Federal Highway Administration, Eastern Federal Lands Highway
Division

Date of Issuance: November 29, 2005
Project Manager: Angie Pennock

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.

Signature of Permittee Date

Applicant: Federal Highway Administration File Number: 200532784 Date: November 29, 2005
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E

.LT ~1a3 Lt~' 4 :,i' v ~i~'~ i:.=7 z~ 'F,.•,tl
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
w.
SECTION Ii - RE U'EST OR APPEAL ter O CTIONS ` O I f ITIAL FRO %QfFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT.QF'O, !qku FOR' UE TIONS OR INFORMATION: .
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Angie Pennock Mr. Michael Bell, Administrative Appeal Review Officer
151 Patton Ave CESAD-ET-CO-R
RM 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806 60 Forsyth Street, Room 9M15
828-271-7980 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:

Signature of appellant or agent.

DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.

Page 5 of 17

Office Use Only: Form Version May 2002

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP 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: Federal Highway Administration / Eastern Federal Lands Highway Division
Mailing Address: 21400 Ridgetop Circle Sterling, VA 20166

Telephone Number: 703-434-1541 Fax Number: 571-434-1577
E-mail Address:[e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:

Telephone Number: Fax Number:
E-mail Address:

Page 6 of 17

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:_PRA-BLRI 21`14, Resurfacing / rehabilitation of 16.5 miles of Blue Ridge
Parkway

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): N/A

4. Location
County: Yancey & Buncombe Nearest Town: Black Mountain, Asheville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):_Blue Ridge Pkwy. MP 359.7 -
375.1.

5. Site coordinates, if available (UTM or Lat/Long): Latitude-N35 44.58_ Longitude-W82
20.33. See attached topo maps.
(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): Project is 16.5 miles of roadway, project disturbance is 21 acres

7. Nearest body of water (stream/river/sound/ocean/lake): Tributary of Bull Creek, Shope
Creek, and Wolf Branch

8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mus/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See project details below.

Page 7 of 17

Describe the overall project in detail, including the type of equipment to be used:

(a) GENERAL
The Blue Ridge Parkway is a two-lane asphalt paved roadway. This project consists of
resurfacing and rehabilitating the Parkway, pull-offs and parking areas from Milepost 359.8
to Milepost 375.3. There are 3 tunnels, six parking and pull-off areas, one Visitor Center
parking area, and one picnic parking area having a 1.2 mile access roadway from the
Parkway. The project includes pavement removal, milling, pavement patching, asphalt-
paving, shoulder stabilization, stone curb removal and replacement, concrete curb removal,
drainage work, guardrail replacement, tunnel drainage repair along shoulders, and
miscellaneous work. Drainage work consists of inspecting and evaluating culverts, inlets, and
ditches for the need for cleaning, reconditioning, and replacement. Safety design and
recommendations for safety improvements will be required. Replace or provide handicap
access to current ADA guidelines.

(b) PARKWAY
The project limits extend between Milepost 359.8 at the Balsam Gap Overlook, to the new
pavement at Milepost 375.3. Provide pavement patching in areas of subgrade distress, or
severely deteriorated pavement. Mill and overlay, or overlay entire Parkway within project
limits. Clean and overlay all asphalt ditches not requiring reconstruction. Repoint and/or reset
stone in rubble ditches requiring rehabilitation. Regrade all shoulders with aggregate-topsoil
to within %2 inch of edge of pavement final grade. Replace deteriorated guardrail with new
steel-backed-timber guardrail and extend to cut slopes or clear zone, as required. Analyze
Parkway for safety improvements including locations requiring placement of guardrail, signs,
and replacement of old or damaged sign panels not meeting current MUTCD standards for
size, legend, color, or retroreflectivity. Restripe pavement markings. In addition, provide the
following:
(1) Approximate to Mileposts 361.6, 362.0, and 362.5 are locations of pavement settlement
and movement due to unstable embankment and subgrade. Develop details and
specifications for repair by use of bench undercut, geotextile reinforcement, aggregate
backfill, underdrain, and other approved methods.
(2) Pave side entrance to gate at milepost 363.5.
(3) Craggy Pinnacle Tunnel at milepost, 364.4. Repoint stone rubble ditch along right side of
Parkway.
(4) Craggy Flats Tunnel at milepost, 365.5. Construct stone rubble ditch along right side of
tunnel.
(5) Pave side entrance to gate at milepost 373.6.

(c) PARKING AND PULL-OFFS
Remove and reset stone curb. Replace any broken stone curb with stone curb matching in
appearance to the existing curb. Replace all existing stone curb having less than 16-inch
depth. Provide pavement patching in areas of subgrade distress, or severely deteriorated

Page 8 of 17

pavement. Mill and overlay, or overlay entire parking and pull-off pavement limits. Replace
all existing asphalt sidewalks with new 6 feet wide sidewalks where feasible. Clean and
overlay all asphalt ditches not requiring reconstruction. Restripe all parking stalls. In
addition, provide the following:
(1) Balsam Gap Parking Area, at milepost 359.8. Replace curb if less than 16-inch depth.
(2) Glassmine Falls Parking Overlook, at milepost 361.2. Remove and replace asphalt
sidewalk at parking area, including to overlook with same width sidewalk. Overlay
overlook. Extend asphalt sidewalk to interpretive sign. Replace locust split rail fence with
new split rail fence made from bark-stripped locust rails. Regrade ditch from culvert
under sidewalk to headwall. Repair or replace damaged or missing stones in stone wall at
overlook, and stone steps in sidewalk to overlook.
(3) Graybeard Mountain Parking Overlook, at milepost 363.4. Remove existing 7 feet wide
sidewalk and replace with 6 feet wide sidewalk. Replace locust split rail fence with new
split rail fence made from bark-stripped locust rails. Remove and replace inlet grate with
flat grate, clean inlet and culvert pipe.
(4) Craggy Dome Parking Overlook, at milepost 364.1. Remove asphalt curb and replace
with stone curb. Replace asphalt sidewalk, provide geotextile fabric with aggregate base
for support at stone wall. Replace stone on steps for the upper parking area. Clean
clogged culverts. Regrade ditches to inlet.
(5) Lanes Pinnacle Parking Overlook, at milepost 372.1. Remove and replace asphalt
sidewalk with 6 feet wide sidewalk, add embankment as required. Remove and reset
stone median, replace missing or broken stone. Replace wooden guardrail with steel
timber-backed guardrail.
(6) Bull Creek Valley Parking Overlook, at milepost 373.8. Remove existing sidewalk
towards picnic area and replace with new sidewalk, approximately 40 feet in length.

(d) CRAGGY GARDENS VISITOR CENTER PARKING AREA
Remove and reset stone curb. Remove and replace asphalt sidewalk to same width. Repoint
loose masonry stones in wall. Repair deteriorated inlets and culvert pipes. Provide grouted
riprap or rubble splash pool at culvert outlets. Provide flagstone and granite wall overlook
across from the Visitor Center building per NPS layout. Provide asphalt walkway from
visitor center entrance to parkway edge of pavement opposite the overlook.
(e) CRAGGY GARDENS PICNIC AREA
Provide pavement patching in areas of subgrade distress, or severely deteriorated pavement.
Mill and overlay, or overlay entire access roadway. Remove and reset stone curb at access
road connection to Parkway. At picnic area parking, remove existing concrete curb behind
stone curb. Remove and reset stone curb. Remove and/or overlay asphalt sidewalk to same
width.

10. Explain the purpose of the proposed work: Rehabilitation. See above project description.

Page 9 of 17

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.
A Section 404 Permit Nationwide Permit 33, and a 401 Water Quality Certification had been
issued- Due to budgetary reasons, construction was never started and the permits have since
expired.

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.
While projects on the Blue Ridge Parkway are continual no future projects are slated for the
parkway between the current project boundaries Work on adjacent segments of the Parkway
could be coming in the future but will require separate permitting

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.

1. Provide a written description of the proposed impacts.
Rehabilitation of some inlets may be required. Cleaning and rehabilitation of some inlets and
culverts will be required. Ditch reconditioning near inlets and outlets will be required.

2 Individually list wetland impacts below: No wetlands impacts will occur.

Wetland Impact Type of Impact* Area of Located within Distance to

Page 10 of 17

Site Number Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) acres (es/no) (linear feet
N/A N/A N/A N/A N/A N/A

* 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.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (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' Average Perennial or
Site Type of Impact* Length of Impact Stream Width of Intermittent?
Number (linear feet) Name** Stream Before (please
(indicate Impact specify)
on map)

Tributary of Bull Creek 374/31+25 Tributary
5X5 RCBC Water was flowing. 10. No new Not
1 Recondition inlet ditch 10 l.f. and impacts. Creek Bull determined perennial
C
remove debris from inlet.
Wolf Branch 372/19+50 24" CMP No
water was flowing. Recondition inlet 30 l.f. excluding Wolf Not
2 ditch 301.f. and recondition pipe work on culvert. Branch determined perennial
culvert approximately 142 l.f. No new impacts.

Shope Creek 370/18+50 3X4 RCBC
No water was flowing. No work is to
3 be done on the box or in the creek N/A Shope Not Perennial
channel. Creek determined

Page 11 of 17

Stream at mp 365, 00+00, Recondition
Excluding work on Tributary
drainage structure/inlet top, line 18' of Not Unknown
4 culvert, no new of Sugar
pipe culvert impacts. Fork determined

Stream at mp 365, 10+50, Recondition Excluding work on Tributary
5 drainage structure/inlet top, line 18" culvert and of Sugar Not Unknown
pipe culvert 73 1.£ (length existing inlet, no Fork determined
approximate, unable to locate outlet) new impacts.

Stream at mp 366, 50+00, Recondition 101. f. excluding
drainage structure, recondition ditch 10 work on culvert Tributary 6 1.£. Remove 24" pipe culvert, install which will be in of Beetree Not Unknown
36" pipe culvert, 791.f.. Install same location. No Creek determined
concrete headwall for 36" pipe culvert. new impacts.

Stream at mp 367, 00+00, Line 36" Excluding work on Tributary 7 pipe culvert 85 11 (length culvert, no new of Beetree determNot
ined Unknown
approximate, unable to locate outlet) impacts. Creek

Stream at mp 374, 30+00, Mile marker
indicates point where road
reconstruction begins. Recondition 10 l.f. excluding Tributary 8 drainage structures, recondition ditch work on culvert. of Bull Not
Unknown
10 1.f. (remove debris from culvert No new impacts. Creek determined
inlet), recondition pipe culvert 145 l.f.

* 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

Page 12 of 17

www.usgs.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mgPguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60 l.f. All impacts are
reconditioning of ditches. No new impacts to areas outside culverts and inlet or outlet
ditches.

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, cean, etc.
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
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.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

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.
Ditch reconditioning and culvert/inlet/outlet rehabilitation necessary to improve drainage, as well
as facilitate roadway resurfacing work and improve roadway safety. No alternatives were
considered because they would not serve the purpose of the project.

Page 13 of 17

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 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 NCWRP 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/strtngide.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.
Mitigation plan not developed Discussion with Corps personnel indicated that mitigation
was not required if work in blue line streams is to existing culverts. Linear impacts listed
above for the most part, result from the reconditioning of pipe culverts, which can involve
cleaning rehabilitation or replacement of the culverts. Also cumulative impacts on each
individual blue line stream do not reach 150 linear feet in each case.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at

Page 14 of 17

[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
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ® (Project is a CE.)

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
Yes ? No ® If you answered "yes", provide the following information:

Page 15 of 17

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 Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
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 project will have no new impervious area. All work will take place within existing footprint.

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):

Page 16 of 17

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).

O~

pp icant/Age is Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 17 of 17

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. 200532784 County: Buncombe and Yancey USGS Quad: Craggy Pinnacle

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Eastern Federal Lands Highway Division
Address: Federal Highway Administration
21400 Ridgetop Circle
Sterling, Virginia 20166
Telephone No.: [phone]

Size and location of property (water body, road name/number, town, etc.): The project is located along
various sites on 16.5 miles of the Blue Ridge Parkway, in unnamed tributaries to Bull, Shope, and
Wolf Creeks, near Black Mountain, Buncombe and Yancey Counties, North Carolina. PRA-BLRI
2P14.
Description of projects area and activity: This permit authorizes the temporary discharge of fill
material associated with the maintenance of culverts.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 33
Special Conditions
1. All work must be performed in strict compliance with the plans received by this office on July 29, 2005,
which are a part of this permit. Any modification to the permit plans must be approved by the USACE
prior to implementation
2. Failure to institute and carry out the details of these special conditions will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.

3. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit, and any authorized modifications, including all
conditions, shall be available at the project site during construction and maintenance of this project.
4. This permit does not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area.
5. All conditions of the attached North Carolina Wildlife Resources Commission letter of October 4, 2005 are
hereby incorporated as special conditions of this permit.
6. The permittee will report any violation of these conditions or violations of Section 404 of the Clean Water
Act or Section 10 of the Rivers and Harbors Act in writing to the Wilmington District, U. S Army Corps of
Engineers, within 24 hours of the permittee's discovery of the violation.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide and Special conditions, the attached North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you

commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Angie Pennock at 828-271-7980.

Corps Regulatory Official Angie Pennock Date: November 29, 2005

Expiration Date of Verification: March 18, 2007

Determination of Jurisdiction:

® Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).

? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued Action ID

Basis of Jurisdictional Determination: Bull, Shope, and Wolf Creeks are tributaries to the French Broad River
System. The French Broad is navigable below the Wilson Bridge Crossing on US 276 around River Mile
196.5.
Corps Regulatory Official: Angie Pennock

Date November 29, 2005

Enclosures
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

Copy Furnished:
Brian Wrenn, DWQ
Mike Parker, DWQ

Permit Number: 200532784

Permit Type: NW33

Name of County: Buncombe and Yancey

Name of Permittee: Federal Highway Administration, Eastern Federal Lands Highway
Division
Date of Issuance: November 29, 2005

Project Manager: Angie Pennock

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.

Signature of Permittee Date

Applicant: Federal Highway Administration File Number: 200532784 Date: November 29, 2005
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E

your rights a
IOU
dty z " ' A • .sJz l l,e ound at ' jt
WIT
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

SECTION I I - RP UES FOR PEAL or OBJECTI . NS TO AN INITIAL PROFFERED,PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
T F CONTACT FOR L ONS OR IN FORMATI4 : . It ,
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Angie Pennock Mr. Michael Bell, Administrative Appeal Review Officer
151 Patton Ave CESAD-ET-CO-R
RM 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806 60 Forsyth Street, Room 9M15
828-271-7980 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:

Signature of appellant or agent.

DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490