20040481 Ver 1_Complete File_20040329

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DWQ Project No.: 0,6 l
Applicant: NCDOT
Project Name:
Date of Issuance of 401 Water Quality Cer
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
County:
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 of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and of rti terials.
Signature: Date: /Ort-S
Agent's Certific on
I, , 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 Certified Professional
I, , 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 Registration No. Date:
?t
'' MYiM fir„
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.nc.us/ncwetiands/
F"?f?lrF Michael F. Easley, Governor
William G. Ross Jr., Secretary
\0? ' QG North Carolina Department of Environment and Natural Resources
%J? Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
sue'? Division of Water (duality
April 29, 2004
Cherokee County
DWQ Project No. 040481
SR 1134 (Laney Tilson Road)
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
WETLANDS 1401 CROUP
MAY 0 t Too
WATER QUALITY SECTION
Dear Mr. Watson:
You have our approval, in accordance with the attached conditions and those listed below, to impact 53 linear feet of
an unnamed tributary to Persimmon Creek (35 linear feet of new pipe and 18 linear feet of stream channel loss) in
order to make improvements to NCSR 1134 (Laney Tilson Road) in Cherokee County. The project must be
constructed in accordance with the application dated March 18, 2004 (received March 29, 2004), 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 211 .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.
1. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
2090 U. S. Highway 70, Swannanoa, N.C. 28778 Telephone [phone] Fax: [phone] Customer Service: 1-877/623-6748
Mr. R. G. Watson
April 29, 2004
Page Two
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint
of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Hest Management Practices,
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land Quality
has released the project.
4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout
spawning season of January 1 through April IS, 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.
Persimmon Creek is Hatchery Supported Designated Public Mountain Trout Waters by the NCWRC.
5. NCWRC recommends not using tall fescue in riparian areas. Also, erosion control matting should be used in
riparian areas, instead of straw mulch.
6. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
7. 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.
8. 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
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.
9. 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.
10. Riprap 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.
11. IIeavy 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.
12. 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.
13. Excavation of the stream crossings and relocations 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.
14. 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 pll.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is strictly prohibited.
16. 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.
17. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of
aquatic life.
Mr. R. G. Watson
April 29, 2004
Page Three
18. 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.
19. All work shall be performed during low flow conditions.
20. 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 Hearings, 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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
r" Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Wetlands/401 Unit
Mike Parker, NCDWQ Asheville Regional Office
JI'
STATE OF NORTII CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
March 18, 2004
`D 4 1
LYNDO TIPPETT
SECRETARY

Mr. Steve Lund, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714 u?• M??;d
Subject: Nationwide 14 Permit Application
SR 1 134 - Laney Tilson Road, Revision-request for additional permit
Cherokee County
State Project No. 14C.020058 (DWQ Minor Permit Fee $200)
Dear Mr. Steve Lund:
The North Carolina Department of Transportation (NCDOT) is currently widening and planning
to Pave SR 1134, Laney Tilson Road, in Cherokee County. This project consists of two sections.
The first section is SR 1131, Tilson Road, which begins at SR 1134 and ends at intersection with /1d
SR 1132. The permits for this section were obtained and work is complete, except for paving,"
which will be done this spring. The Action Id.: 200430170, and DWO Project No.: 031433 can
be referenced for existing permit information. Right of Way was obtained on subject road just
prior to commencement of construction on the first section and it was decided to construct it as
well. It was discovered that permits were not obtained for a jurisdictional area during
construction. The work consists of widening and paving the existing gravel road to a standard
18' roadway. Also, NCDOT is shifting the alignment through one curve to improve radius of
curvature and sight distance. The improvements of SR 1134 has been identified as necessary
maintenance and safety improvements. Funds have been allocated for this project, and NCDOT
would like to complete these activities during the spring of 2004.
I am sending a straight-line diagram with the proposed 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. I have consulted with Division Environmental Officer, Mark
Davis, and it is his opinion that 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 determine that further investigations are required, NCDOT will conduct the
appropriate site investigations and obtain compliance from SI-IPO prior to project construction.
The best management practices are being used to minimize and control sedimentation and
erosion on this project. The construction foreman has reviewed all erosion control measures
daily to ensure sedimentation and erosion are being effectively controlled. If the planned devices
are not functioning as intended, they will be immediately replaced with better devices.
Impacts to Waters of the United States
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 I liwassee River Basin. Specifically,
NCDOT is requesting to extend/replace one metal culvert in an unnamed tributary to Persimmon
Creek (DWQ Class C). Listed below is a summary of the proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site - 3 35'X18" CMP 70'X24" CMP 35'
Sta.3+00 _
Site - 3 18' of unnamed Shorten stream Elimination of 18'
Sta.3+00 stream 18'
Total =53 linear icet
Note that the total impact length from existing permits =18 linear feet
Total for project =71 linear feet
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle,
(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,
ch
ael A. Jones
County Maintenance Engineer
cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, 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
File
D
OF
\N A TF
QG
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
SR 1134, Laney Tilson Road, Cherokee County
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7*, 'tr
or t"t AM,"
NCDOT Division 14, District III
Prepared by: Michael A. Jones
County Maintenance Engineer
Graham & Cherokee Counties
Page I
Office Use Only: Form Version October 2001
0
USACE Action ID No. DWQ No.
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
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 1.4
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section Vill - Mitigation), check here: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of' Transportation NCDOT)
Mailing Address: 191 AobbinsviIle Road
Andrews. NC 28901
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address: mjones a 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: Michael A. Jones
Company Affiliation: County Maintenance Engineer
Mailing Address: (same a s- above)
Telephone Number:
E-mail Address:
Fax Number:
Page 2
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Laney Tilson Road SR 1 134
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.020058
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include please/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Murphy, ttake.- US 64/74
West for approximately. 11 miles to SR 1131 Tilson Road. Travel for 2.0 miles to
intersection with SR 1 134 which is he pnnlilg of protect.
5. Site coordinates, if available (UTM or Lat/Long): see attached site drawings
(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:
forest, pasture, light residential
7. Property size (acres): 2
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Persimmon Creek (Class C 1
9. River Basin: 1-liwassee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/a(irnin/nla s/s/.)
Page 3
10. Describe the purpose of the proposed work: Improve and pave existing gravel road to
NCDOT standards.
11. List the type of equipment to be used to construct the project: trackhoe backhoe,
grader, dump tnicks, aslplialt paver
12. Describe the land use in the vicinity of this project: forest _pasture. 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.
Two sites on project have been permitted. Request forr additional site permit.
Action ID: 200430170, DWO Project No.: 031433-1)ermit Date: December S, 2003.
V. Future Projcct Plaits
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
Page 'l
1. Wetland Impacts No wetland impacts
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***

* 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 arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://NtiNrw.fema.-t ov.
*** List a wetland t)pe that best describes wetland to be impacted (e.g., fresh,.vater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Site #11 Culvert 4 feet UT of PersinunonCreek 3' P
Site 112 Culvert 14 feet UT of Persiuuiion 3 p
Site #3 Culvert 35" UT to I' I
Site 93 Strcam W9 UT to Persimmon I' I
elimination Crk.
* Note that site 1 and site 2 have already heen permitted.
* 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
do%rnstrcam named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
-%N-NNiv.usgs.-gov. Several internet sites also allow direct do%vaload and printuig of USGS maps (e.g., \r"\N\v.top07011e.co1n,
NVVAV.maPquCSt_com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 53' + permited 18'=71 linear feet
Page 5
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. No open water impacts
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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 ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Minimal lengths of pipe were used to accommodate the road widening.
We are proposing that the new pipes will be installed slightly below
The existing streambed to allow for fish aquatic life vassa ie.
VIII. Mitigation N/A
DWQ - In accordance with 15A NCAC 211 .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
Page 6
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://li2o.enr.state.nc.tis/ncwetlands/strmcti(le.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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 ltlip://h2o.cnr.st ite.nc.us/«,rp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: N/A
Amount of stream mitigation requested (linear feet):.
Amount of buffer mitigation requested (square feet):
Pate 7
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 (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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? 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
Lone t extends out JU kxt perpendicular from near bank of channel; Lone Z extends an
additional 20 feet from the edge of Zone 1.
Page 8
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. Stormwatcr (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.
The existinyFravel roadway and shoulder acts as an impervious surface. Widening of the
roadway will increase impervious acreage by 10%. Stormwater will be diverted through settling
basins lined with filtering stone or grass lined buffers prior to entering streams.
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? 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 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).
Michael A. Jones 3/18/C
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9
?.' •.? ?.?j r
i U N I Cr
. 1
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? 171. 'M ...Pva???
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S7 'E
I
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? '• 1x. 1?IV 1?9'.? r 7 179)
7r •P l
_ I ...' O A?N
lw?
7
V)
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V 1 )"° /
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jLi2
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112 'P• .•I '6 rr> c•
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1)1)
• ins] ??ev 7
_ i std ) ? _1 - _ \ F
L-Li
ji_.1 4 0 130
11)9 Skit 31-
_?)7
Tils
i
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1 0 J / ? ?.
i t 1'?• o f P i \
I Qr. ti••tl G`•Y 11)r. I?h X11)] . p \ o 71
I l q. I ;1 /? ?. 66 r 129
I r'J III J ? •1 • > Ilp7 '? ? 1=1p .?. •1 M?Mw. / C ?I??'. 111! ? S?.'I , 1 N 'b
' 2 t \.
P 1W.r„ur ? . \ 1 117 I e .1w ??1. /
7roorr F - }?. '-row 110> 7 ` rc-1) '11y'. ] O V
116,' t•,°?? _., •- .5??`YI '\
TEN 71
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G 5
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I A
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.01
% t^\,.??
j CD
Existing ?? \ • ,
? I \4 J ' _ ? , > > ( f Site No. 2
Existing
Site No. gun
-__
Site No. 3 %
f ? ' , r°' ? `) A`/I ? \- / ? j ` i?' ?? +^? , ) ' ?\ ?` ? . t\ ? l ?'=? ?1?rri??`+'-1 " tiCt L-. ,/?` •, ? i ', ? / ? ?r?' \
Niezily,G
ho" s e"
64?
ul I
Name: PERSIMMON CREEK
Date: 3/18/2004
Scale: 1 inch equals 1429 feet
Location: 035'01'48.14" N 084° 13'51.52" W
Caption: Laney Tilson Road, SR 1134 Tilson Road, SR 1131, Cherokee
County
Gopynght (G) 1;i99, Maptecn, Inc.
CD
0
e--1-
0
W
COUNTY:_ r.HEFiQ
SR. NO. KEE CPS: 35 o 01 30 "
t?.
_ 1134 _
RD. NAME:yANEY-TILSON RD- 84 0 14 18 "
PIPE. STA'. 3+00
SITE. No. # 3
CHECK DAMS
%M-t SPACED AS NEW CL
REQUIRED OLD CL CHECK DAMS SPACED
AS REQUIRED
SILT BASRIPRAP 1121y 12 y p, I
TYPE B HEADWALL I I
I
-?• I I SILT BASIN
SILT FENCE ?, I I TYPE B
& I I 121x 3'x 2'
ROCK BERM
ELIMINATE 18' NOTE: PIPE IS SKEWED
OF
EXIST. CHANNEL WILL REQUIRE 70' TO REPLACE
RIP RAP
I I -y END WALL
SILT BSAIN 1
TYPE B
12'x 3'x 2' A. I I SILT FENCE
CHECK JA
I I ROCK BERM
D SPACE R
EQUIR? I I

I• _
-
- ?_
- 1 ... . ..... . .... .. .. .. . ... . . . . . ...
I
I 1- I I I I 1 1
- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 1 1 I I I I 1 1 1 1 1 1
I I I I I.
+ I
_ 1 1- 1 1 1 1 1 1 1 1 1 1 1-1 - 1 1 1 1 V I I I I I ' I I I I i

I
I
I
I
I 1 -
7 5
I
T
I
I
1
1
I I
L
I
I
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j
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I
I
I
I
I
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I
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I
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?
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_ I
1 11 I
I
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{ I , , - ' -
1 - - - I I ? I
1 _ I I

- - - - - - - - - - - - -
I
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- + _ 1 1

- _ T -' - r r? - - - -

- - - - - - --- - - - - -
,

x
-- I .
1 11
-
I I I . - - - - - -
1 11 - -- -- - --
I

1
1
' 1 - - -
-
I
1 1
I I
,
I I I I I 1 I FT T 7 1 1 II 11 1 11 17 I 1 1 I
I
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• .1 of `r rid ?' it

C'?3'.1? 7R' ®Jf??EIE
ROAD NAME: t,nrY 'L! I,:i?r?_i? nl! ROAD NO. Sti-t t t??-tt
WORK ORDER NO. 6.912110
FROM. st'n. c 1M) ON CENTER I.1f4li M Su-t tat ON IIOPEWELL VD.
TO: S't•n. .5'h2.5 AT tarn O f'ttcl.itic;T
ADDITION: YES No xx
r
IMPROVE, ME IV T.•
YES xx NO
I-
TO DE PAVED: r YES xx NO
GUY WIRES o
POWER POLES TO MOVE: t YCS xx NO
CABLE BOXES 2 GUY llll;P:.ti 0--
TELEPHONE POLES TO MOVIs: ?, YES xx NO
RIGHT OF WAY.
RIGHT OF WAY.
xx 50'
L
SCALE: 1 " = 50'
DA7'r:
I
I ?
I i
1 112: 1 slope i
or flaller 91
G'
i' ? tilll.l?. I
45'
60'
9/10/'1R
ZG.
i ?
1:1 slope ?•
I orfluller
91
NIILI?. 3'
DITCH
I
I'II'L=S X1_
PROJECT NO. ;It-1134-M FLOW ROAD NANI1?:I.At:I.Y 'I'11. SON ItO. -
STATION SIZE- l L'T'. R'I'. REft ARKS ?
3+00
13+75
1h+h0
21+0n
211+30
211+65
34+70
36 #-60
37+75
04-7-5
4205
EXIST. 2h" > Iti",PI.ACI•: wrrli CMI' I.T. TO P l'.
140 1' I I'1: ADD III" CHI'. I.T. 'ro wr.
I.xI ST. 114" V IIEPI.ACE. WITH Ih" CM11. LT. TO ItT
NO IIII'li ® AIM III" CHI'. I,'r. TO HT.

6011 ;011A'I I' 11'
ADD TO P: is GOOD LT. TO ItT.
I tJ1.ET R OUTLET ENI> S
EX I ST. 1 Vii" I(E.N.ACE WITH III" CHI'. Ia. TO LT
NO 11111I: ANI) III" CHP. 11T. TO LT.
IiX I :.'1'. I f4" Ittii'I,ACI: w I'rii 21o, irr. TO LT.
Ex 1511 RKPI.ACI: WITH 2.10" CHI'. ItT. To LT
NO 1'11'1: AIIU III" CMP. PT. TO LT.
E.xIST. 1511 ItI:I'I.A(:i: WITII 111" CHI'. RT.,'1'O LT

IJULI_ LJA I A
I.ANEY 'I'II.ION I(l).
PROJECT' m-1 t 1h-r1 SI II.I1,'1' NU.
COUNTY: CREIUIKEE - '11
WORK ORDER NO. 6.912110 UWNI:IZ UI? I'O11ES

POLE DIST. FROM
CL OF
PRESENT RD. DISI FROM
CI- OF
PROJECT DIST. -TO
CL OF PROJ.
AFTE MOVE
STATION NO. RT. LT. RT. Lt. RT. I.T. REMARKS

12.4-90 11 12' 12' 2 1,10VE CAME. BOX 25' Wr. OF C1,
3
16+85

Iloled
LANVY
?ROJECT: (S I1 .1..1. Ic).
COUNTY: CIIRItOKI:I: ')1
WORK ORDER NO. 12 1 1 (, OW N IsIZ OF POLES
NNKNOWN

TATION

POLE
NO. DIST. FROM 1)IST FROM DIST. TO
CL 01' Cl. OF CL OF PROJ.
PRESENT RD. PROJECT AFTE MOVE
RT. LT. RT. L1. 111. LT.

EMARKS

52.105 70' HOVE 1'01.1: 25' IVI'. O NEW C1.

Iy((G?>
JV I 1S'<lU
1
, . "n
CHECK DAMS
SPACED AS REQUIRED
( • 141
SILT BAS114
TYPE B ?j <
2'X3IX12' ?I
SILT FENCE
ROCK BURt4 BRAN
s1rs0 1
i
.
I
I
I
I
I
I
I
I
I
I
I
?

1
CHECK DAMS
SPACED AS REQUIRED
?1\1
MI•:IN I N PAYNE
it'I' . 6
h1111tl'IIY, N.C. •2I1906
?--- S1L 1 BASIIJ
,,.,( TYPE D
2'X3'X12'

4PERMIT SITE NO.3 1
EXIST. 24" CMI'. To m.: Itl:l i ..-_ 1.
WITH NEW 241' CMI'. I.T. TO ICI'. 1
STA.+00 I
------- --- -
^
SILT BASIN 1\ 1 '
:
TYPE B 1
I SIL( FENCE
2'X3'X12' I &
ROCK BURM
• 1
HAM, MIINUY
HAM,
WADE I. AIRYANT ?, - I- IIOX-355-A
R
242 IIOPEWIiLL 10). I MAItIILI:, N.C. 2I1905
MUltl'IIY, N.C. 211')O(?
I
A? I
SILT BASIN
I- r TYPE B
2'X3'X12'

t-I

.r,
• ? I
('1
'+ I

I
CHECK DAMS
CHL-CK DAMS V SPACED AS REQUIRED
SPACED AS REQUIRED
I
I
L SILI• BASIN
Q, .? I ??? P >-YPE B
tt 1 ??( 2'X3' X12'
111;CTN PROJE.CI' AT :;TA. 0i0t1 ON CENTER I.IrJI: OF SH- 1133 - 11011I:WELL RD.
1/150 1
-1 t10 r 1-? ( ?? I -• I'll I U O
CHECK DAMS
SPACED AS REQUIRED
A
I
1r I t??
9 f-0
d I
I
I
S1/i502
(2) P I
I
SIL1 BASIN
TYPE B
2' X3' XI2'
? I
( BRYAN'r )
SILT FENCE
ROCK BURM
(2)
P CIIECK DAMS
SPACED AS REOUIREII
GENE R GLENDA ililEl.l);
in'.. 6 IIoX 1119
MlllwliY, N.C. 211906
CHECK DAMS
SPACED AS REQUIRED
(5)
e,.n I e? o STA. 6, _i0
.. V
\ I
I
I
I
e-n, I e. v
-- I
I
1
I
Il I Ili
I
I
1 00
_ I
?= I
I
I
rri«1
r5r00 © -I- rsroo
. I' I.
V, I V
EDIT11 FORTNrlt
MRS. CGUI(CG ItICI:
I 5051 LAKEWOOD IIWY.
M I NE.RAI. BLIJIT, CA. :•0559
CHECK DAMS
slu SPACED AS REQUIRED I
SIRStIJ ALro+?f<1 I I! '+!?!?' S1liSdJ
® I
(7)
r+ I I I'
lz I ?,? I'ii 11.1.11' & IVY MUNI)Y
- (" RT. 6 80X - i46-A
Mliltl'IIY, N.C. 28906
CHECK DAMS 0
SPACED AS REQUIRED i
I
SILT FENCE
(2) > i &
ROCK DURM
SILT BASIN
TYPE D
ll
2'X3' X12' ?.
CHECK DAMS
SPACED AS REQUIRED
SILT DASIN
TYPE D
2'X3'X12'
( IIRYANT )
CHECK DAMS
SPACED AS REQUIRED
(2)

? Q
I

- -- I-- - ?

I

_ I_ © ADD 111" CMI'. L'I'. TO RT.
TA. 13+75
(7)
STA. 12. Ietc)
(6)
(-
SILK OASIIJ
?' TYPE D

it I Il' 2'X3' X12'
CHECK DAMS
SPACED AS REQUIRED
t
- I- 1011NNY & FRANCES KING
570 IIWY. 294

I t11i1(I'IIY, N.C. 211906
I
I
(6)
STA. 11 i00
i (5)
® I
I

I+ 51111:1.1)5 )
I
SILT FENCE
rl I IV &
11 K DURM
: +C?O I 1 -f.>
SIR504
SILT BASIN
TYPE B
olvqlvl9f
'
I BRYANT )
1; I ll'
1 I o (7)

I rA.
9 (10 I

I •- _
ID-IV
I
I

SILT FCNCC
_

I
I

- FLOCK DURM
I
,ern,
I
CARME..I. ,'- NELL I L CURT I S
© I RT. 6 Box 31311
MURPHY, N.C. 211906

I7Ilt' _
I
I
„•,,,, _ I _ ,,,CIO
I
I
i
I
IiXI S'C. 1!1" CMI'. TO 13G REPLACED
w rr I I 2 /l" (:ill'. LT . TO RT.
1 'TA. 16,60 - -

I
STA. 10 X00 I'L
CHECK DAMS
SPACED AS REQUIRED
I (7)
v I
(L) I ( 1'ilILLIP MUNDY )
is?r., _ I ,sew
I SILT FENCE
-1 I BOCK BURM
© ,Ili
itln'
x 15 1 CID 01
1.7850-5 :_'_ !.L r U O I :'.! Y. r v v slRSi?•5
I

(Z) I
I
I
I

77•r.t I
I
I

7)?yt
Q' I
1
-

77•00 I

I

71•t?t
I
Q I
I
Bit YANT
I
? I
)).(u I
I 77•ro

HECK DAMS I
I
?C
PACED AS REQUIRED
i
I
I
CHECK DAMS I0,
SPACED AS REQUIRED © Ir I it, \ EHOCK IICE
H 1
SILT DASIN
TYPED
2'X3'X12_'

( RRYANT )
I i IN0?I,xIST. I'Ll'G
ADO III" CHI,. L'I'. TO RT.
21 100
CHECK DAMS I
SPACED AS REQUIRED 70' ,t - 7i .f,
I
= SILT FENCE
(2) ii I iv 11OCK DORM
I
?'OrI?U `' i ??Or00
I
I t,
i; I tv ,
]7.!n I 77.•,1
(10) 1- (`))
I
- I
79 01 1 17 ?Iti1
I
h00 o
ItEPLACED _) _ - -I1?? }
EX]ST.- 15" Chtl': '1'0 BE
WITH 111" CMP. RT. TO I.T.
STA. 211-165 _. '.7e n (?i? rs.u? 0/0
SILT BASIN - I -- -
D , x I sT. 60" SQUAT PIPE IS GOOD
TYPE
` LOW LT. TO RT.
2' X3' X12' 1`1.0w,
© I ADD TO IIIL.rT & OUTIXT ENDS
---
I -
:i W
!r I tt'
S'I'IiVli & .10 GROWS. I
RT. h / I
/
MIIHI'IIY, N.C. 211900
' 77 IMI I 71.It,
® ( CHARLES & PAYE LANEY
I(T. 6 BOX 173
F1UItl'liY, N.C. 211406
I
7e,?., _ I 7e'n
I
?IL1 FENCE
A I F.
- ROCK E3URM
CFIECK DAMS
SPACED AS REQUTRI.I) 7""" - I 7"•1„
I
(10) I
I
? I
(`))
-•1'I' --- -?-??--- -- S'I'n. 7.5? cI 7,•v1 _ 1 7,50 :c'fA. •LS+50----- ---?--?-?7I•._. ..---
(2) I (2)
SILT QAS1. I ;10
TYPE R it I tt' ?[
2 ' X3 ' X I2 ' ----?
IYANT)
( BRYANT )
.,..
=ECDS-STR.
EROSION CONTROI
1) 1 --1'1'A 11, S & SPL:CIFICATI NS-
STD. NO
DESCRIPTION:
SY1v113O 1,:
PG. NO.
245.03 TEMP. SILT DI'1'1,II TSD VI-2
- - -- - - - - - - - - r
245.05 - `PEMPORtLRY
DIVERSION ?-4
------ - - -_
8J3.01 TEIvIP.SII-,rI' FENC1 H-1 - ?4-- ?l6
- -
- - - - - - - - _ ? - _ - - V1?8 _
TI;ivIP. SLOPE DRAIN
SJ0.05
WIT14EARTIT BERM

- - - - - - - - - - - - - - _ ' -

2
245.0
SILT BASIN
=Vl

805.10 TEMP. ROCK sil.'r CHECK VI-16
TYPI*-11
- - ---------- 20
7
8J2.02 TEMPOlU1RY -
ROCK ST:DIM .lNT 1)r1t.1 I I
TYPE,-13
8J7.01 • ROCK PIPF, INLI"; l ?-22
PROTECTION
801
1? L?
. f
ROCI? S1I..11' :?CREJ.',H
- - - - - -

r-
- - - - - - - - - - - -
-
.DESCRIPTION
?.TSTTi rG FENCE: _--
?'rl I I ? O I?
CIR - I +
----------------- - ------------
PROPOSED ROAD: _
-EXIST NG ROAD: ?` -
RAILROAD: CONTROL OF ACCESS LINT ---------
SLOPE STAIM, LINT',: _'-
BRIDGE:
--------•-----•-•-•- C •-------•--
------------------- -
-_------ - • ----------------
?l -_.-------------

I ,
R`': =`-
CONCRETE CULVI

..

......................

tiIP PIPE CULVERT
CI
- -
-
- _- _ _.._._._-- -
-•-----.---
WOODS:
-
- - •._..._.._.
.._.._..._. -
TELEPHONE ORTELEGILkPII POLE: PROPOSED: -O-
TOWERPOLE LI M: _~ - _..__.._.._.._ _.._..-•
_
POWER POLE: _1_xIS71tlC): f ROPOSED:................

EASEIvIENT LINE,,: ----
.
-------

R?JL:
GUARD --
-- -•---- -- ------------

SEWERLIKE:
SANITARY
;
r •
--?----- S.
?
S. ---^-------
wATrR LINT',: '~ _ - - --- ------------------------
GAS
BRUSH13&RRII',R ? _ --•-•----•_ --_-- - - ---------
.. - ice- -._. -.
--- .-. - - -- - ----'?
_ _
EXISTING CIT NNI T, ----- -------------------

C'ITAI`[T[II,CIIAIIGI_
PROPOSED
-
I'IBERGLA:)SROVIIIG: "? - - - - - - - -F-G•R