20021407 Ver 1_COMPLETE FILE_20020904

MEMORANDUM
TO: John Dorney Regional Contact: D. Keith Haynes
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Roger's Quick Lube County Haywood
Project Number 02 1407 County2
Recvd From APP Region Asheville
Received Date 9/4/02 Recvd By Region 10/8/2002
Project Type commercial driveway
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
Stream O Y O N 5-(I) wSIII 40,305. 0.02 80.00
_F F 77
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Review of this project has been put on hold pending USACE determination of a icability of NW 39.
They are awaiting final plans from the engineer. Letter will be sent to Mr. Rogers dated 10/29/02
The COE received the info in 12/02 and are planning to issue a NW39,
cc: Regional Office
Central Office Page Number 1

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Triage Check List Op y
Date: b 4.02 Project Name: C:???ck Abe.
Q DWQ#: OZ-NO
County: m.woo!
To: ARO Mike Parker ? WaRO Deborah Sawyer
*FRO Ken Averitte ? WiRO Joanne Steenhuis
? MRO Mike Parker ? WSRO Jennifer Frye
? RRO Steve Mitchell
From: Telephone : (919) X33 - ?i?ZCo
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: Ili, sue wV4& #*1tOP w?U be yAwA

C?A-
r
RCF
CONSTRUCTION
COMPANY
SEPTEMBER 26, 2002
R.C.F. INC.
GENERAL CONTRACTOR - CRANE SERVICE
P. O. Box 3157 - 560 Hazelwood Avenue
Waynesville, North Carolina 28738
828-456-9570 FAX [phone]
Email Address: rcfconst0bellsouth.net
Web Address: www.rcfconstruction.com
ASHEVILLE REGULATORY FIELD OFFICE
ATTN: DAVID BAKER
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REF: BUDDY ROGERS APPLICATION
STATE OF NC DWQ #02-1407
DEAR MR. BAKER:
Gary D. McKay, P.E.
President
C
PY
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r
W OU
ENCLOSED IS A DRAWING AND ONE COPY SHOWING THE CULVERT LOCATION FOR THE ABOVE
PROJECT.
IF YOU HAVE FURTHER QUESTIONS, PLEASE FEEL FREE TO CALL AT 828-456-9570
SINCERELY,
GARY D. MCKAY, P. E.y
CC: NC DIVISION OF WATER QUALITY - 7 COPIES
STATE HISTORIC PRESERVATION OFFICE - I COPY
US FISH AND WILDLIFE OFFICE -1 COPY
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[Fwd: BUDDY W. ROGERS - HAYWOOD COUNTY - DWQ #02-14071
Subject: [Fwd: BUDDY W. ROGERS - HAYWOOD COUNTY - DWQ #02-14071
Date: Wed, 25 Sep 2002 15:50:25 -0400
From: Dorn <[e-mail]>
T . Mike Hor <[e-mail]>
"I to
please ce in file. thankx
Subject: BUDDY W. ROGERS - HAYWOOD COUNTY - DWQ #02-1407
Date: Wed, 25 Sep 2002 12:59:54 -0400
From: "R. C. F., INC. CONSTRUCTION COMPANY" <[e-mail]>
To: <[e-mail]>
September 25, 2002
Dear Mr Dorney:
We have received a copy of the September 9, 2002 letter that was
written to Buddy Rogers. The US Army Corp of Engineers in Asheville is
requesting a drawing that will be submitted to them this week. They are
waiting for a letter from the NC Wildlife Commission at this time. Once
they receive all the above, the perrmit process will get finalized. We ask
that you do not close this case until we hear further from these other
agencies in this process.
Gary D. McKay, P. E.
R. C. F., Inc.
[e-mail]
828-456-9570
1 of 1 9/26/2002 9:14 AM
WAT?RQ
v1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
September 9, 2002
DWQ # 02-1407
Haywood County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Buddy W. Rogers
60 Rivers Edge Way
Canton, NC 28716
Dear Mr. Rogers:
F .? r-Yl' zl
On September 4, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetland for the purpose of a driveway in Haywood County.
Approval from DWQ is required to disturb these streams. Please provide seven copies of the
following information and refer to the DWQ# listed above in your reply.
1. What permit did the Corps issue these impacts under?
Please telephone me at 919-733-1786 if you have any questions or would require copies of
our rules or procedural materials. This project will remain on hold as. incomplete in accordance with
15A NCAC 21-1.0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
I R. Dorney .
Water Quality Ce fication Program
-A
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SEP - 4 2002
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V_
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.gM.mil/wetlands/Perm-app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.gmy.mil/wetlands/regtour.htm,- or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 12

Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.g my.mil/wetlands/nnfinalFedReg.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 276994617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
Page 3 of 12

Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan Hertford Pasquotank
Bertie Craven Hyde Pender
Brunswick Currituck New Hanover Perquimans
Camden Dare Onslow Tyrrell
Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk.
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 of 12
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".)
I. 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
0401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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: ?
H. Applicant Information
1. Owner/Applicant Informa;9 n
Name: z l?1?17 "1.
Mailing Address: 6A!E?/ ??
C. 7 2,7i
Telephone Number: Z 3 S- T 3 3 L Fax Number:
E-mail Address:
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:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12

III. Project Information
5.
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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 46 -'T-4 - 74 3 9 114
4. Location .??i?ia vz
County:
Subdivision name (include phase/lot numix
Nearest Town: I,IV i no Aj
J7 33G.Liv
Site coordinates, if available (UTM or Lat/Long): 4)% /n / 7 3 3 3 V 7 /
(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): , !5-
7. Nearest body of water (stream/river/sound/ocean/lake): R/ 4s- 4G oJ ?/ ???
8. River Basin: C1V Ee0.4?
(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 pplication: S/T,C /:S X ?•4 e Q,.,17- .CO T'
?1 d/,?, rY /n Go/-r?1n&72/AL A,J.? 2 s//J l/fiL
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to,be used: Z,4AJD
i
11. Explain the purpose of the proposed work: M157i44 L to O 17.?? ??Ldit?
.)-? . 1.r n- 012 i 4 w 1. .i - 00 t
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.
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.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12

1. Provide a written description of the
_,^J
i,j
impacts: 11J57XZ G Z - 9G /.-jell
!/.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
dL? D O

* 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 hUp://www.femaaov.
*** 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
Total area of wetland impact proposed
wetlands on the property: . 03
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specif
)

L
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.c:om,
www.MMuest.c:om, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
tL )
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
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
/
I
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
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 ofthe 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 constr-u/ction o reduce impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

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/strmgide.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 separiatsheet if more space is needed.
WZA
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
[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/AM/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):
Page 10 of 12

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 ?
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 0' If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
' 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.
Page 11 of 12

XI.
XH.
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.
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 nronerty.
5 i TZ' S- -. S A 6.oe? . A A4 i 5 7-4a Z7r %-l ?eqt?
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 availab?le capacity of the subject facility.
C,0-
AS
XHI. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ,ems
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
&;?& lt? .2 5? OZ
20V?--
-Applicant/Agiin'?s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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® North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
December 5, 2002
Mr. David Baker
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
OZ 1
7
SUBJECT.- Buddy W. Rogers Nationwide 404 Permit Application
Culvert Installation for Quick Lube - Unnamed tributary to Pigeon River
Haywood County, North Carolina
Dear Mr. Baker.-
Mr. Buddy Rogers is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U. S. Army Corps of
Engineers. These comments are provided in accordance with provisions of the Clean Water Act
of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended-, 16 U.S.C. 661-667d).
The applicant is requesting to install two 80-foot sections of culvert for a driveway
entrance to a commercial building. The culverts will be 96-inch box culverts.
The streams in this area being degraded by stormwater runoff from impervious surfaces
and from installation of culverts such as those as requested in this application. The increase
discharge has the potential to erode banks downstream of the project.
The unnamed tributary is not classified or designated as trout water. It is the opinion of
biologists with the NCWRC that this stream is not likely to support trout, however, the NCWRC
is concerned about potential project impacts to aquatic resources in this drainage. There is a
recent record for the wavy-rayed lampmussel (Lampsilis fasciola), a state special concern species,
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
IV -1- / -.-_. 1-1 - 'ti'tl ____ '101 - L'___. /(110\ 71c 71A2
Y
Buddy Rogers Culverts, Quick Lube 2 December 5, 2002
Haywood County, UT Pigeon River
in the Pigeon-River near the confluence of this unnamed tributary. The continued cumulative
impact of development and stormwater discharge could result in adverse to this species as well as
other aquatic life, including trout, within the Pigeon River.
We are very concerned about cumulative impacts in this watershed. We can concur with
the issuance of a 404 permit provided that the following conditions are placed on the subject
permit:
Culverts that are less than 48-inch diameter should have the floor of the barrel installed
20% of the diameter of the culvert below the level of the stream bottom. Culverts that
are 48-inch diameter or larger should be placed with the floor of the barrel 12 inches
below the stream bottom to allow natural stream bottom materials to become
established in the culvert following installation and to provide aquatic life passage
during periods of low flow. This may require increasing the size of the culvert to meet
flow conveyance requirements.
When using multiple culverts the project should be designed so that all water flows
through a single cell during low-flow conditions. This could be accomplished by
constructing a low sill on the upstream end of one of the barrels to divert flow to the
other barrel. This will facilitate fish passage during periods of low flow and also
transport sediments downstream more efficiently.
Under no circumstances should rock, sand, or other materials be dredged from the
stream channel under authorization of this permit, except in the immediate vicinity of
this culvert. Instream dredging has catastrophic effects on aquatic life, and disturbance
of the natural form of the stream channel will likely cause downstream erosion
problems, possibly affecting adjacent landowners.
4. If possible, culverts should be placed in a dry work area. Sandbags, flexible pipe, or
other diversion structures should be used where possible to minimize excavation in
flowing water.
5. Grading and backfilling should be minimized, and tree and shrub growth should be
retained along remaining stream segments to ensure long term availability of shoreline
cover for fish and wildlife. Backfill materials should be obtained from upland sites.
6. Sedimentation and erosion control measures should be implemented and maintained on
the project site to avoid impacts to downstream aquatic resources. Temporary or
permanent herbaceous vegetation should be planted on all bare soil within 15 days of
ground disturbing activities to provide long-term erosion control. Areas around
stream crossings and adjacent to streams should be seeded by hand and mulched with
erosion control matting instead of straw.
7. Stormwater from impervious surfaces should be routed to vegetated buffer areas,
grassed swales or retention basins to minimize potential for erosion of downstream
Buddy Rogers Culverts, Quick Lube 3 December 5, 2002
Haywood County, UT Pigeon River
property and to prevent degradation of water quality. Stormwater should not be
discharged directly to the stream and curb and gutter should be avoided.
8. If concrete is used during culvert installation (headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH, which can be lethal to fish and
other aquatic life.
9. All mechanized equipment operated near surface waters should be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials.
Thank you for the opportunity to review and comment on this project. Pending
availability of field staff, the NCWRC may inspect the work site during or after construction. If
there are any questions regarding these comments, please contact me at [phone].
Sincerely,
. Vz'/
Owen F. Anderson
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Buddy Rogers, Applicant
Mr. John Dorney, Wetland Scientist, Division of Water Quality