20080829 Ver 2_Application_20081112

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY
GOVERNOR
November 6, 2008
Mr David Baker, NCDOT Regulatory Project Manager
U S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject Nationwide 14 Permit Application--Modification Request
Gibson Road, SR-1321, Cherokee County
COE Action ID SAW-2008-1596, NC DWQ Project No 080829
State Project No. 14C.020031 (DWQ Minor Permit Fee $240)
Dear Mr Baker
The North Carolina Department of Transportation (NCDOT) is in the process of widening and
paving Gibson Road, SR 1321 in Cherokee County The U S Army Corps of Engineers issued a
Nationwide Permit 14, Action ID SAW-2008-1596, for this project on June 10, 2008 The
North Carolina Division of Water Quality issued a 401 Water Quality Certification, DWQ
Project No 080829 on June 2, 2008 After construction began, it was determined that a stream
meander would also need to be altered to prevent the stream from undermining the adjacent road
bank and causing long term maintenance issues
NCDOT is requesting a modification for the original permit to add the relocation of a 60-foot
section of Little Shoal Creek There would be a net loss of 25 feet of stream when the relocation
is completed I am enclosing a drawing of the proposed work, a USGS topographic map
showing the location and photographs of the stream and a table listing the impacts of the
relocation
The relocation will involve diverting water from the work area while the new channel is
constructed The bank slopes will be 2 1 A minimum of two cross vanes will be installed to
help maintain channel stability within the new channel The disturbed areas including banks and
any adjacent areas will be seeded and mulched Coir fiber matting will be used on banks Hard
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of ?0, f Off/
LYNDO TIPPETT
SECRETARY
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,fescue, annual rye grain and native grasses may be used to seed riparian areas There will be no
,,serecia rlespedeza,,fe`scue, bicolor lespedeza, crown vetch or other non-native invasive species
used in this?channel relocation
The previous determination of "no effect" to threatened and endangered species and to historical
and cultural resources would cover this impact
Best management practices will be used to rmmnuze and control sedimentation and erosion on
this project The construction foreman will review all erosion control measures daily to ensure
sedimentation and erosion is being effectively controlled If the planned devices are not
functioning as intended, they will be immediately replaced with better devices
Impacts to Waters of the United States
Little Shoal Creek is shown on the USGS topographic as a perennial stream The stream has a
well defined channel and lacks vegetation The substrate is composed of primarily sand and silt
Little Shoal Creek flows approximately 1 5 miles to Apalachia Lake, which 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 make the desired improvements to SR 1321, it will be necessary to impact waters of
the United States in the Hiwassee Basin Specifically, NCDOT is requesting to relocate 60 feet
of Little Shoal Creek (DWQ Class C Tr) The proposed impacts are listed in the table below
Site No.
Station Existing Condition Proposed Condition Net Impacts
60-foot section of free Relocated 35-foot 60
Site 2 flowing perennial section of free flowing

stream
perennial stream (25-foot net loss)
Site 2b Free Flowing Channel Flow Diversion 85
' S t?? L'10.E
,TotalrFermanentiStream nepact z j s 60line4r=feet
(25-foot net loss)
Temporary Flow Diversion Impact 85 linear feet
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above By copy of this letter, I am asking Mr David
McHenry Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ) In addition, I am asking Mr McHenry and Mr Ed Ingle,
Roadside Environmental Field Operations Engineer (NCDOT) to comment directly to me
concerning this pernut request
If you have any questions or need additional information, please contact me at [phone]
Your early review and consideration will be greatly appreciated
Sincerely,
Mark Davis
Division Environmental Officer
cc Mr Brian Wrenn DWQ, DENR, Raleigh (four copies)
Mr Mike Parker, DWQ, DENR, Asheville
Mr Troy Wilson, Biologist, U S Fish and Wildlife Service, Asheville
Mr David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Mr J B Setzer, P E , Division Engineer, NCDOT
Mr Wesley Grmdstaff, P E, District Engineer, NCDOT, Andrews
Mr E L Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Impact Table for Modification for COE Aciton ID. SAW-2008-1596, DWQ 080829
2 List the total acreage (estimated) of all existing wetlands on the property N/A
3 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, darn
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
mnct he included To calculate acreaLye. multiDly length X width, then divide by 43,560
Stream Impact
Perennial or Average
Stream Width Impact
Length Area of
Number Stream Name Type of Impact
Internuttent
Before Impact
(linear Impact
(indicate on map) feet) (acres)
Site 2 Sta 31+50 Little Shoal Creek Channel P 4' 60 00455
to 32+00 Relocation
Site 2A Sta 31+50 Little Shoal Creek Flow Diversion P 4' 65 N/A
to 32+00

7"i aiCate'"-
?a?a1:j Pern?S,treazririipacts 60 00455
Temp??ary?Im?acts?oz`''ow?.l?i?, ?rs?fln?and?D.Ike
4 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U S ) Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Site Number
(indicate on ma)
(if Name of applicable) ) Wate
Type of Impact Type of Waterbody
(lake, pond, estuary' sound, bay,
ocean, etc) Area of
Impact
(acres)
N/A N/A N/A N/A N/A

Total Open Water Impact (acres) N/A
5
List the cumulative im act to all Waters of the U S resulting from the ro ect
Stream Impact (acres) 00455
Wetland Impact (acres)
Open Water Impact (acres)
Total Impact to Waters of the U S (acres) -00455
?Tatal?Strearn??rnpact ?(linear;;feet)s ?'?p?e`r_manent ??fl,
6 Isolated Waters
Do any isolated waters exist on the property9 ? Yes ® No
Page 5 of 9
STATE OF NORTH CAROLINA }? ' t5 '??nE=? PROJECT
SUBJECT -
DEPARTMENT OF TRANSPORTATION C* - An o
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DIVISION OF HIGHWAYS
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PREPARED BY DATE I ' Wlf "' ?? -? ?
STATION
P 0 BOX 25201
CHECKED BY
DATE
STR NG SHEET_
___ OF
RALEIGH NORTH CAROLINA 27811

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SR 1321 Gibson Road 14C.020085
Proposed Channel Change
SR 1321 Gibson Road 14C.020085
Proposed Channel Change
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