20091334 Ver 1_401 Application_20091209

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information_ Vft A&
I- Prnr•-accinn V6 A:A
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. I ype(s) of approval sought from the UwC (cneck all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes IN No For the record only for Corps Permit:

? Yes P51 No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes N No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Highway 19 Project
2b. County: Madison
9r Aloaresct mi inirinality / tnlein- Unrc Will
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
project no: DEC 2 j 2009
3. Owner Information DENR-WATER QUALITY
3a. Name(s) on Recorded Deed: Roy J. & Brenda Young
3b. Deed Book and Page No. 251 / 397
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 627 Walker Branch Road
3e. City, state, zip: Mars Hill, NC 28754
3f. Telephone no.: [phone]
3g. Fax no.:
3h. Email address: [e-mail]
Page Iof10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(it applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel lu): 9%5%881285
1b. Site coordinates (in decimal degrees): Latitude: 35.8378 Longitude: - 82.5127
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 5.64 acres
E2. Surface Waters
Ga. 114alllo V1 I lcalval uuuy Vi Watol kOLI Vaill, rjvar, Vw.) lV Middle Fork of Little Ivy Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-II, HQW
2c. River basin: French Broad
3. Project Description
3a. Describe the existina conditions on the site and the aeneral land use in the vicinity of the project at the time of this
application:
Farmstead on agricultural land (pasture)
3b. List the total estimated acreage of all existing wetlands on the property:
none
3c. List the total estimated linear feet of all existina_ streams (intermittent and perennial) on the property:
630 If
3d. Explain the purpose of the proposed project:
Earthfill will be placed to raise driveway to elevation of newly widened (NC-19).
3e. Describe the overall project in detail, including the type of equipment to be used:
140 If of 15-inch HDPE culvert will be added to the existing culvert to accommodate additional fill. Conventional
aarthmnvinn and linmant will ha 1lcari to nlara anti 1^mmnnrt rlaan aarth fill
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments:
T#J. 11 1116 VVIVQ 111aVC MW Ju11OUwuV11Q1 UULU1111111a11V11, YVIIaI IyNG ? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Paae 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetiand Forested (Corps - 4u4, i u Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there nre neronnini nr intermi"an4 $traum imnonfe /in fl4idlinn fam-rnrir imnnn el nrnnnee nn tine vita then ?mmniete this
p ..p.. ,., .,? ..p., ... ..p,a s, p. -v- .,, .. p.
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - PER or
404, 1
-
0
(Corps
stream
Permanent O P or intermittent DWQ
-
non-
404
, (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Fill (culvert) Ut to Middle Fork ? PER
® INT ® Corps
? DWQ 1 140
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T U PER U Corps
? INT ? DWQ
S5 ? PEI T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
vuu sii`caiii and iriuuwR y iuiNaciB 14V
3i. Comments:
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
A.
.+c 1. AV
A+U. A..
4r . AA
•+U. A _
YC.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam hiah hazard permit required?
? Yes ? No it yes, permit iu no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Q Bu ft_r Impacts (for DW01,
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
Rh. Eic_ f;d- Be. sf. sm
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
131 ?P?T ?Yes
? No

B2 ?P?T n v,...
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The newly widened highway is approximately 35 feet higher than the original roadway. Fill will be added to raise an existing
driveway to the same elevation as the new highway. Fill slopes are 2:1 (H:V) to minimize impact. Steeper slopes would
require structures such as retaining walls.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion control BMPs will be implemented before construction commences.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a_ Name of Mitioation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Jd. 11 U.7111tJ--, d i.JGIfI11llGG IC.1i-1V11slUIG 111111t?j--, Qt1U11 Plan, i,Jl VVIUG d UC.71i11pLIVII VI 111G Pl VpVAGU Illltlyctll Ull'./1dI1.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWO
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No
uw101 nnuyauun:
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
perminee responsibie riparian buffer restoration, paymeni info an approved in-Heu fee Tuna).
6h. Comments:
Page 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ®No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
I Stormwater mana emeni Tian
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project will not result in an increase in
irnnonvirn is aroa
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II

3b. Which of the following locally-implemented stormwater management programs r, .....,
u lmavv
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the Y
? es
No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes No
?a?JuaL
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Raleigh Ecological Services Field Office - Endangered, Threatened, Federal Species of Concern and Candidate
Species listing for Madison County, North Carolina.
6. Essenvai Fish habitat (corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat Mapper for Madison County, North Carolina
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office Assistance to Madison County (12-31-99)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Madison County GIS - Flood Hazard Layer
Roy J. Young
?
)
December 15,
an /
? 2009
Applicant/Agent's Printed Name A li t/A a is ure
' Date
(Agent
s signature is valid my if an auth rization letter from the applicant
is rovided.
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2009-1946 County: Madison l'SGS Quad: Mars Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Propem Owner /Authorized Agent: Roy J. Young
.Address: 627 Walker Branch Road
Mars Hill, NC 28754
Telephone No.: 828-777-9481
Size and location of property (water body, road name/number, town, etc.): An unnamed tributary to
Middle Fork Creek flowing through an 8.3 acre parcel located off of Highwav 19 near Mars Hill in
Madison Countv. NC.
Description of projects area and activity: To install 140 linear feet of culvert in the unnamed tributary
to Middle Fork Creek to bring a commercial access drivwav up to grade with the newly constructed
US HiE!hwav 19 corridor.
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: 39
Your work is authorized by the above referenced permit provided it is accontplishcd in "trio accordau? %iti1 thy:
attached conditions and your submitted plans. Anv violation of the attached conditions or deviation from our
submitted plans may subject the permittee to a stop work order. a restoration order and or appropriate IeL_al action.
Special Conditions
I . All work must be performed in strict compliance with the plans received by this office on October- 19.
2009. which are a part of this permit. Any modification to the permit plans must be approved by the
USACE prior to implementation
?. Failure to institute and cam, out the details of these special conditions vs ill result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated ith the permitted project. or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
>. Fhis permit does not authorize temporary placement or double handlin ofexcavated or till material within
waters or wetlands outside the permitted area.
This verification will remain valid until the expiration date identified belo%? unless the natiomvide authorization is
modified. suspended or revoked. If, prior to the expiration date identified belo\?. the nationwide permit
authorization is reissued and/or modified. this verification will remain yahd until the cxpirution ?lat? -L-w ic,l
belo?N, provided it complies with all requirements of the modified nationw ide permit. li the 1"Ihou'o idc ,>crini1
authorization expires or is suspended. revoked, or is modified. such that the activity Mould no 10111-lcr compl? \001
the terms and conditions of the natiomvide permit, activities which have commenced (i.e., are under consu'uction) or
are under contract to commence in reliance upon the nationwide permit. will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permits expiration, modification or revocation.
unless discretionary, authority has been exercised on a case-by-case basis to modifi. suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 eater Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]'80) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to revelation under the Coastal Area
Management Act (LAMA), prior to beginning vNork you must contact the N.C Division of Coastal Management.
Determination of Jurisdiction:
A. ? 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).
B. ? There are Navigable Waters of the United States within the above described project area ,uhject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Neater 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.
C. ® 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 j 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.
D. ? 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: Middle Fork Creek is a tributary to the French Broad River which is a
Section 10 navigable-in-fact waterway (TNW).
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. IT you are not in agreement V,ith that
approvedjurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you "ill
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: David Baker, Project Manager
151 Patton Avenue. Room 208
Asheville. North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete. that it meets the
criteria for appeal under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address "ithin 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: David Baker
Issue Date: November 13. 2009
Expiration Date: November 13, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS. PROJECT PLANS. ETC
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
This Department of the Army verification does not relieve the permittee of the responsihilin to ohtaii. any ollli:r
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 David Baker at 828-271-7980.
Corps Regulatory Official -David Baker Date: November 13, 2009
Expiration Date of Verification: November13, 2011
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
http://regulatory.usacesurvey.com/ to complete the survey online.
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