20030921 Ver 1_Complete File_20030819

' A TC Michael F. Easley, Governor
o,?'u? nQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7 Alan W. Klimek, P.E. Director
> i Coleen H. Sullins, Deputy Director
0 Division of Water Quality
August 19, 2003
Jackson County
DWQ Project No. 030921
SR 1173 (Lakeside Circle Drive)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. R. G. Watson, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Watson:
NETLANDS1401 GROUP

NATERQUALPSECTION
You have our approval, in accordance with the attached conditions and those listed below, to impact 40 linear feet of
Shoal Creek in order to make improvements to NCSR 1173 (Lakeside Circle Drive) in Jackson County. The project
must be constructed in accordance with your application dated July 3, 2003 (received July 24, 2003), including the
environmental commitments made in the application letter. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of
Engineers Nationwide Permit Number 14. In addition, you must acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and submit a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for
complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of
total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below.
2
3
4
Shoal Creek is classified as WS-III Waters; regulations specific to this classification must be adhered to.
NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 413 .0124 (a)-(d)]. These
measures must be implemented prior to any ground disturbing activities to minimize 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.
In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of October 15 through April 15, or other conditions as determined by the N C Wildlife Resources
Commission, to protect the egg and fry stages of trout from: sedimentation during construction.
Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow.
Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their
size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12
inches below the stream bottom to allow natural stream bottom material to become established in the culvert
59 Woodfin Place Asheville, N.C. 28801 Telephone: [phone] Fax: [phone] Customer Service: 1-877/623-6748
.
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. If any of the existing pipes are perched,
they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically
unfeasible.
6. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and
shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple)
should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control
in the vicinity of the road crossing and along the streams within dedicated rights of way.
7. Rip rap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation.
8. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
10. Excavation of the stream crossings should be conducted in the dry, if possible. Sandbags, cofferdams, flexible
pipe or other diversion structures should be used to minimize excavation in flowing water.
11. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent
direct contact between cµring concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH.
12. Discharging hydroseed mixtures and washing out hydrosecdcrs and other equipment in or adjacent to surface
waters is strictly prohibited.
13. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life and disturbance of the natural
form of the stream channel will likely cause downstream erosion problems, possible affecting other landowners.
14. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of
aquatic life.
15. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except
for permitted areas associated with culvert conditions.
16. All work shall be performed during low flow conditions.
17. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion"
form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible
party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water
Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Bearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the
Asheville Regional Office at 828.251.6208.
Sincerel ,
an W. imek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mark Gibbs, District Engineer
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Wetlands/401 Unit
Mike Parker, NCDWQ Asheville Regional Office
Q_f? 18-2003 OT:16 FROM:
PHONE:
TO:WETLAWDS F:1 3
N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE,, NORTH CAROLINA 28801
828/2516208 FAX: [phone]
To! of „A" ,L r AItA 1t
FAX #:
FROM:
?•
DAVE:
# OF PAGES INCLUDING THIS COVER: -3
MESSAGE! If questions, lease call 828/2511-6208.
'el 0-c-'e

SEP-18-2003 07:17 FP,ON:
A
o?'?? ? n r?RQ?
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TO: WETLANDS P:2'3
Michael F. Eeslev, Governor t `&
William G. ROSE Jr„ Socrotgry 'L'
North CarollnA Department of Environmont and Natural Resources
Alan W. Klimek, p.F., dlrBctor
coleen H. Sullins, [7eputy Director
Division of Water aliallty
August 19, 2003
Jackson County
DWQ Project No. 030921
SR 1173 (Lakeside Circle Drivc)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. R. G. Watson, P.F.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dcar Mr. Watson:
You have our approval, in accordance with the attached conditions and those listed below, to impact 40 linear feet of
Shoal Creek in order to make improvements to NCSR 1173 (.Lakeside Circle Drive) in Jackson County. The project
must be constructed in accordance, with your application dated July 3, 2003 (received July 24, 2003), including the
enviroruncntal commitments made in the application letter. After reviewing your application, we have decided that
this fill is covered by general Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of
Engineers Nationwide Permit Number 14. In addition. you must acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and. Erosion Control, Non-Discharge
and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless
otherwise specified in the Water Quality Certifi cation,
This approval is valid solely for the purpose and design described in your application (uriless modified below).
Should your prolcct change, you must notify the DWQ in writing and submit a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for
complying with all the conditions. If total wetland fills for this project (now or in the future) exceed otie acre, or of
total impacts to streams (now of in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 211 _0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached ceniftcation and any additional conditions listed below.
1. Shoal Creek is classified as WS-.IU Waters; regulations specirc to this classification must be adhered to.
NCDOT shall use Best Management Practices for the Protection of Surface Maters (NCDOT March 1997) and
Sedimentation and, Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4E .0124 (a)-(d)]. These
measures mast be implemented prior to any ground disturbing activities to minimize impacts to dowlistream
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.
2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of Ortober IS through April 15, or other conditions a6 determined by the N C Wildlife Resources
Commission, to protect the egg and fry stages of trout: from sedimentation during constriction.
3. Riparian vegetation must be reestablished within the construction limits of the project by the end of the tlt'owing
season following completion of construction-
4. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwatcr runoff, and must not be routed directly into streams. Mowing; of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwatcr sheet flow.
5. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their
size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12
inches below the stream bottom to allow natural stream bottom material to bccome established irl the culvert
59 Woodfln Place Asheville, N.C. 28801 Telophone: 428/251-6208 Fax: [phone] Customer Service: 1-8771623-0748
SEP-18-2003 07:17 FROM:
TO:WETLANDS P:3'3
following installation and to provide aquatic life passagc during periods of low flow. This may require
increasing, the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched,
they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically
un.fessible.
6. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and
shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple)
should be planted along; the streambank to reestablish the riparian zonc and to provide long-term erosion control
in the vicinity of the road crossing and along the stream-, within dedicated rights of way.
7. Rip rap placed for, bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation.
8. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
10. Excavation of the stream crossings should be conducted in the dry, if possible. Sandbags, cofferdams, flexible
pipe or other diversion structures should be used to minimize excavation in flowing water.
11. If concrete is used during culvert installation (e.g., headwalls), a dry work area should 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.
12. Discharging, hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is strictly prohibited.
11 The presence of equipment in the channels must be rainirni7ed. Under no citcrunstances must rock, sand or other
matcrials be dredged from the wetted stream channel under authorization of Us pcrmit, except in the immediate
vicinity of the culverts, ltnstrearn dredging has catastrophic effects on aquatic life and disturbance of the natural
form of the stream channel. will likely cause downstream erosion problems, possible affecting; other landowners.
14. Rook check dams at culvert outlets should be removed at project completion to avoid blocking movement of
aquatic life.
15. This ccr'tification does not authorize the discharge of waste rock and. dirt into the stream or riparian zone except
for permitted areas associated with culvert conditions.
1.6. All work shall be performed during low flow conditions.
17. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion"
form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsiblc
party shall complete the attached form and return it to the 401/Wctlands Unit of the NC Division of Water
Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudieatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-671.4. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water. Quality under Section 401. of the Clean Water Act. If you
have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.571.5 or Mr. Mike Parker of the
Asheville Regional. Office at 828.251.6208.
Sincerel ,
an W. 'f imck, P.l:.
Attachment
ec: Wilmington District Corps of Engineers
Mark Gibbs, Distract Engineer
Mark Davis, Division 14, DEO
Fd Ingle, Roadside Environmental
Steve T.und, USACE Asheville Field Office
Wctlands/401 Unit
Mikc Parker, NCDWQ Asheville Regional Office
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Michael R. Parker
WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1173
Project Number 03 0921
Recvd From DOT
Received Date 7/24/03 Recvd By Region
Project Type pave & widen road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 Stream O Y .Q N 2-79-23-(1) w 111 F--40,402. F 40.00 40.00
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y QQ N Did you request more Info? 0 Y QQ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y D N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 351057 Longitude (ddmmss) 830859
Comments:
NCDOT is proposing to grade and pave SR 1173. There is one culvert that will be extended in Shoal
Creek a distance of 40 feet. Stream is approximately 6 foot wide. WRG indicates the lower section
of the stream is hatchery suppported.
Recommend issuance of WO Certification 3404.
County JACKSON
County2
Region Asheville
cc: Regional Office
Central Office Page Number 1
Facility Name NCDOT - SR 1173
County JACKSON
Project Number 03 0921 Regional Contact: Michael R. Parker
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
STA7t
.%_;..
WETuODS1401MoUp
40t, 21
STATE OF NORTH CAROLINA NAERQUALITySECT )
DEPARTMENT OF TRANSPORTATION I?^
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
July 3, 2003
Mr. John Hendrix, NCDOT Regulatory Project Manager' !`
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 1173 - Lakeside Circle Drive
Jackson County
State Project No. 14C.050056 (DWQ Minor Permit Fee $200 )
Dear Mr. Hendrix:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and
pave SR 1173, Lakeside Circle Drive, in Jackson County. This proposal entails widening and
paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of
SR 1173 have been identified as necessary maintenance and safety improvements. Funds have
been allocated for this project, and NCDOT would like to perform these activities sometime
during the 2003 paving season.
I am sending a straight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS quad map.
We propose to install the new culverts slightly below the existing streambed elevations where
bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream
gradients to remain as unchanged as physically possible. No threatened or endangered species
are known to be present in or near the project area; therefore, no significant impacts are
anticipated from project construction. If the State Historic Preservation Office (SHPO) and the
Office of State Archaeology determines that further investigations are required, NCDOT will
conduct the appropriate site investigations and obtain compliance from SHPO prior to project
construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
A -,
?? lr)
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. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
In order to construct the project in accordance with our current secondary road standards, it will
be necessary to impact waters of the United States in the Little Tennessee River Basin.
Specifically, NCDOT is requesting to extend/replace one metal culvert in an unnamed tributary
to the West Fork of the Tuckasegee River(DWQ WS III & B). Listed below is a summary of the
proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 40' x 60"CMP 80' x 60" CMP 40' extension
2+19
40 linear feet total
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the constriction project outlined above. By copy of this letter, I am asking Mr. Owen
Anderson, 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. Anderson and Mr. Ed Ingle,
(NCDOT) to comment directly to me concerning this permit 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,
??? .-f.
T. Gibbs, P.E.
District Engineer
cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. Owen Anderson, Mountain Region Coordinator, NCWRC
Mr. R.G. Watson, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. `y
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
F-I Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: D
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P.O. Drawer 250
Bryson City, NC 28713
Attn: M. T. Gibbs, P.E., District Engineer
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mgibbs ,dot. state. nc -us
2. Agent 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: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
Pagel of 9
III. Project Information
4
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.
Name of project: Pave, Widen, Grade, and Drain SR 1173 Lakeside Circle Drive in Jackson
County
T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): n/a
14 C.050056
Location
County: Jackson Nearest Town: Cashiers
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From the intersection of US 23
Business and NC 107 in Sylva go approx. 19.5 miles on NC 107 to SR 1173 Lakeside Circle
Drive. Turn right onto SR 1173. This is the project.
5. Site coordinates, if available (UTM or Lat/Long): N 35D 10' 56.88" W 83D 8' 58.82"
(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. Describe the existing land use or condition of the site at the time of this application:
Existinp- 16'2ravel road with 3 to 5 foot shoulders.
7. Property size (acres)
2.75
Nearest body of water (stream/river/sound/ocean/lake): Thorpe Lake
9. River Basin: Little Tennessee
(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/.)
Page 2 of 9
10. Describe the purpose of the proposed work: To widen and resurface SR 1173 to enhance
safety. This includes cutting and filling earthwork where needed, replacing old drainage
structures that are inadequate, and making the road safer by widening shoulders and changing
the road profile.
11. List the type of equipment to be used to construct the project:
Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc
12. Describe the land use in the vicinity of this project:
Residential
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.
No additional permits have been applied for.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work.
and provide justification for the exclusion of this work from the current application:
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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
Page 3 of 9
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. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/a

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till.
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 (FF,MA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain 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.)
List the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on
map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
lat Station 2+19 Culvert
Replacemnt 40 UT to the West Fork
of the Tuckasegee 6' Perennial

I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associateu rip-rap.
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net lo,?s/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 Ul' (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 internet sites also allow direct download and printing of USGS maps (e.g., www.topozune.com.
www.mapquest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: 40
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
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.)
N/a

* List each impact separately and identify temporary impacts. Impacts include, but are not umited to: nn, excavation, dredging.
flooding, drainage, bulkheads, etc.
4. 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 n stream
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided. Culverts must be replaced in order to gain the necessary width to
widen SR 1173 to current NCDOT standards. All pipe replacements will be placed below the
existing stream bed gradient so natural substrate can be re-established
11 wetlands
installation of
Page 5 of 9
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/ncwetiands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view.
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/a
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.him. If
Page 6 of 9
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
IX.
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): n/a
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
X.
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 E] 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 E] No
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
Yes ? No ® If you answered "yes", provide the following information:
Will the project impact protected riparian buffers identified
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B
Water Supply Buffer Requirements), or other (please identify
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
I 3
n/a
within 15A NCAC 2B .0233
.0250 (Randleman Rules and

Page 7 of 9
2 1.5
Total
* "Lone I 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 213.0242 or.0260.
XI. Stormwater (DWQ Only)
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.
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams(See erosion control plan).
XII. Sewage Disposal (DWQ Only)
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.
No wastewater will be generated from the proposed project.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes E] No
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 maN
choose to list constraints associated with construction or sequencing that may impose limits on
Page 8 of 9
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).
n/a

9//7103
Applicant/ gent's Signature batd
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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W A r? Michael F. Easley, Governor
9
?? PG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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C? r Alan W. Klimek, P.E. Director
> Division of Water Quality
O '<
DWQ Project No.: z9,30 9a / County:
Applicant: NCDOT
Project Name -6X 1173 Date of Issuance of 401 Water Quality Certification: ,!5? - /I? - 0-3
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, Joel B. Setzer, P.E., hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and &o rials.
Signature: J_Date:
Agent's Certi ation
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certi>led Professional
1, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature
Date:
i13 ,
Registration No.
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.ne.us/ncwetiands/