20041032 Ver 1_Complete File_20040812

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OR
August 9, 2004
Regulatory Division
Action ID No. 200431163
Mr. Roger Bryan
North Carolina Department of Transportation
Division 13
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Bryan:
NCA n
66?
c q ( OS2
WETLANDS/ 401 GROUP
AUG 12 2004
WATER QUALITY SECTION
Please reference the Department of Transportation permit application dated June 22,
2004, requesting authorization to discharge fill material into 70 linear feet of jurisdictional,
perennial streams located on the west side of US 19W. The proposed work includes the
replacement of three culvert pipes and the extension of three culvert pipes associated with the
grading, widening, and paving of Proffit Branch Road (SR 1389). The proposed impacts are in
unnamed tributaries to the Cane River and the project would begin less than one tenth of a mile
from the Cane River in Yancey County.
After review of your permit application, we have determined that we cannot complete our
evaluation of the project without additional information. Nationwide Permit General Condition
11 states, "no activity is authorized under any NWP...which Will destroy or adversely modify
the critical habitat of (a threatened or endangered) species." The Cane River is occupied, critical
habitat for the Appalachian Elktoe (Alasmidonta raveneliana), a federally-listed endangered
species. Due to the proximity of the project to the occupied habitat and the direct connection of
the streams within the project boundary to the Cane River, the US Army Corps of Engineers
(Corps) does not agree with your determination of no effect to federally-listed species or critical
habitat. We have determined that this project may affect the Appalachian Elktoe and/or its
critical habitat.
Please submit stormwater plans for this project, including all sediment and erosion
control measures, to the Asheville Regulatory Field Office. This information will enable the
Corps to determine whether or not the proposed activity will adversely-effect or adversely
modify the Appalachian Elktoe or its critical habitat, respectively. Once the Corps has made this
determination, concurrence from the United States Fish and Wildlife Service (Service) will be
requested. As a result of the informal consultation process with the Service, additional
conditions to any verified permit may be required.
4
If the information requested above is not received in this office by September 7, 2004,
your application will be considered withdrawn and this file retired. It will be reopened upon
receipt of the necessary information. Questions or comments may be addressed to Ms. Angie
Pennock in the Asheville Field Office, Regulatory Division, telephone [phone] extension
226.
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Copies Firnished:
Ms. Denise Moldenhauer
United States Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Brian Wrenn
Division of Water uality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
2
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OR
August 9, 2004
Regulatory Division
Action ID No. 200431277
WETLANDS / 401 GROUP
AUG 1 2,2004
Mr. Roger Bryan WATER QUALITY SECTION
North Carolina Department of Transportation
Division 13
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Bryan:
Please reference the Department of Transportation permit application dated June 23,
2004, requesting authorization to discharge fill material into 70 linear feet of a jurisdictional,
perennial stream, Bloody Fork, located on the southeast side US 19W. The proposed work
includes the extension of one culvert and the installation of one culvert associated with the
grading, widening, and paving of Bloody Fork Road (SR 1389). The proposed impacts are in
Bloody Fork, a tributary to the Cane River and the project would begin less than one quarter of a
mile from the Cane River in Yancey County.
After review of your permit application, we have determined that we cannot complete our
evaluation of the project without additional information. Nationwide Permit General Condition
11 states, "no activity is authorized under any NWP...which will destroy or adversely modify
the critical habitat of (a threatened or endangered) species." The Cane River is occupied, critical
habitat for the Appalachian Elktoe (Alasmidonta raveneliana), a federally-listed endangered
species. Due to the proximity of the project to the occupied habitat and the direct connection of
Bloody Fork to the Cane River, the US Army Corps of Engineers (Corps) does not agree with
your determination of no effect to federally-listed species or critical habitat. We have
determined that this project may affect the Appalachian Elktoe and/or its critical habitat.
Please submit stormwater plans for this project, including all sediment and erosion
control measures, to the Asheville Regulatory Field Office. This information will enable the
Corps to determine whether or not the proposed activity will adversely effect or adversely
modify the Appalachian Elktoe or its critical habitat, respectively. Once the Corps has made this
determination, concurrence from the United States Fish and Wildlife Service (Service) will be
requested. As a result of the informal consultation process with the Service, additional
conditions to any verified permit may be required.

19%
If the information requested above is not received in this office by September 7, 2004,
your application will be considered withdrawn and this file retired. It will be reopened upon
receipt of the necessary information. Questions or comments may be addressed to Ms. Angie
Pennock in the Asheville Field Office, Regulatory Division, telephone [phone] extension
226.
Sincerely,
S. Kenneth Jolly
Chief, NCDOT Team
Copies Furnished:
Ms. Denise Moldenhauer
United States Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Brian Wrenn
Division of Water uality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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
August 17, 2004
Yancey County
DWQ Project No. 041032
SR 1389 (Proffit Branch Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
WETLANDS 1401 GROUP
AUG 15 2004
WATER QUALITY SECTION
You have our approval, in accordance with the attached conditions and those listed below, to impact 70 linear feet of
three (3) unnamed tributaries to the Cane River (70 feet of new pipe) in order to make improvements to NCSR 1389
(Proffit Branch Road) in Yancey County. The project must be constructed in accordance with your application dated
June 22, 2004 (received June 24, 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 if 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
water 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.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper D o&Carolina

Mr. J. J. Swain, Jr., P.E.
August 17, 2004
Page Two
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
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 Best 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 Resources has
released the project.
4. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT August 2003) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)].
5. Temporary or permanent herbaceous vegetation should be planted on all bare soil within the riparian buffer to
provide long-term erosion control. WRC encourages NCDOT to utilize onsite vegetation and materials for
streambank stabilization when practicable. NCDOT shall comply with any conditions or moratoriums requested
by the NC Wildlife Resources Riparian vegetation must be reestablished within the construction limits of the
project by the end of the growing season following completion of construction.
6. 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 diffuse flow.
7. Where practicable, 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 in 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. These
measurements must be based on natural thalweg depths. 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. All waters must flow
through without freefalling or damming on either end of the culverts during low flow conditions, to maintain
aquatic life and/or fish passage.
8. Removal of vegetation at stream crossings 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 crossings and along the streams within dedicated rights of way.
9. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified by
widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored
to natural geomorphic conditions.
10. Any riprap used must not interfere with aquatic life passage during low flow conditions.
11. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will
lessen the chance of altering the stream's water chemistry and causing a fish kill.
12. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
13. 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.
14. Excavation of the stream crossings and/or 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.
15. 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, possibly affecting other landowners.
16. All work shall be performed during low flow conditions (below bankfull).
.A"
1
Mr. J. J. Swain, Jr. P.E.
August 17, 2004
Page Three
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is strictly prohibited.
18. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of
aquatic life.
19. This certification does not authorize the discharge of waste rock or dirt into the stream or riparian zone except for
permitted areas associated with culvert 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 Transportation Permitting Unit of the NC Division of
Water Quality upon completion of the project. NCDOT is strongly advised to send on 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.

Attachment
cc: Wilmington District U S Army Corps of Engineers
Roger Bryan, Division 13, DEO
Angie Pennock, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, NCDWQ Asheville Regional Office
W. Klimek, P.E.
Sincerely,
.r

WETLANDS 1401 GROUP
JUN 2 4 2004
WATER QUASI P Y SECTION
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
PO BOX 3279, ASHEVILLE, NC 28802
June 22, 2004
Mrs. Angie Pennock
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #14
SR 1389, Proffit Branch Road
State Project No. 13C.00019(DWQ Minor Permit Fee $200)
Yancey County, NC
Dear Mrs. Pennock:
I have enclosed a straight-line diagram with erosion control plan, a PCN application for
NWP #14, and a vicinity map relative to the proposed project on SR 1389, Proffit Branch
Road, Yancey County, NC.
Proffit Branch Road is currently a 12-14 feet wide gravel road. Division of Highways
plans to pave the road 18 feet wide and increase the typical section. Grading will be
moderate.
We propose to extend six existing culverts on small UT's to the Cane River. Total
culvert extensions will be 70 linear feet. No stream relocation will be performed for the w'
project. Existing channel morphology will be maintained upstream and downstream of
the culvert. The culverts will be placed below existing streambed elevation. Riparian
vegetation will be reestablished along disturbed areas associated with the culvert
extension. Stormwater will be diverted through grass-lined ditches or vegetated buffers
prior to entering streams.
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated. The project is located approximately 0.1 miles from the Cane River, a
known location for the Appalachian elktoe (Alasmidonta reyeneliana). The proposed
project contains minimal instream work consisting of extending/replacing culverts on
small streams. High Quality Water erosion control measures will be implemented to
limit potential sedimentation from the project.
Mrs. Angie Pennock
Page -2 SR 1389, Yancey County
June 22, 2004
As a part of the 401 Certification process, a copy of the application will be forwarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request David McHenry, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project. Temporary encroachment into the buffer zone of the
UT's will be required for the entire project. The streams are classified as trout. A buffer
variance will be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Cynthia Van der Wiele, NC Division of Water Quality, 401/Wetland Unit and an
additional copy to Mike Parker, NC DWQ Asheville Regional Office for review and
comment. Please charge the application processing fee of $200.00 to WBS element #
13C.00019. Please forward comments directly to the Corps with copy to Division 13
Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at [phone].
Sincerely,
f01 9 t-
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
H. M. Coates, P.E.
Ed Ingle
David McHenry
Cynthia Van der Wiele
Mike Parker
Marella Buncick
Office Use Only: 0 Form version April 2001
?d
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.
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NC Department of Transportation
Mailing Address: P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-251-6394
E-mail Address: rdbrLanadot 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.) N/A
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
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: SR 1389 Proffit Branch Road
2. T.I.P. or State Project Number (NCDOT Only): 1 3C. 100019
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Yancey Nearest Town: Cane River
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): SR1389 is located off of US 19W
approximately 2.5 miles north of Cane River community.
5. Site coordinates, if available (UTM or Lat/Long): 35° 56'22"N 82° 23'57"W
(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:
Existing secondary road
7. Property size (acres): 2.3
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Cane River (Class C-Tr)
9. River Basin: French Broad
(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 8
10. Describe the purpose of the proposed work: We propose to grade, drain, base, pave and
install erosion control measures for SR 1389 (Proffit Branch Road). We propose to extend
six existing culverts on UT's to the Cane River. Total culvert extensions will be 70 linear
feet. The culverts will be installed to insure aquatic life passage within the streams.
11. List the type of equipment to be used to construct the project: Excavator, backhoe, an
d
trucks.
12. Describe the land use in the vicinity of this project: Rural, wooded, homes.
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.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No, no future plans.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland
ct Area of I ocated within
st
Site Number Type of Impact* ood llain** t Stream
Neare Type of Wetland***
Page 3 of 8
on
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htt2://www.fema.2ov.
*** 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: 0.0
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
10+65 Culvert 10 UT 1 to Cane River 2 ft P
11+76 Culvert 10 UT 2 to Cane River 3 ft P
16+32 Culvert 10 UT 2 to Cane River 2 ft P
24+02 Culvert 20 UT 2 to Cane River 2 ft P
25+60 Culvert 10 UT 3 to Cane River 1 ft P
31+43 Culvert 10 UT 2 to Cane River 2 ft P

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usfzs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 70 feet.
Page 4 of 8
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 ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

i i i i i
* 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 - N/A
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.
The existing secondarv road must be improved to meet current safetv standards for paved
roads. The culvert extensions requested are the minimum necessary to establish an appropriate
typical section for the roadway. Riparian vegetation will be established on disturbed areas
associated with the project construction.
VIII. Mitigation - N/A
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
Page 5 of 8
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/ncwetlands/strm2ide.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/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X 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 X
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) - N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ? No X 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 1 extends out 3U teet perpendicular trom near bank of channel; Lone 1 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
Page 7 of 8
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .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.
The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway
should eliminate sedimentation from fines associated with gravel surface treatment. The
roadway surface will be 40% of right of way acreage Stormwater will be diverted through
settling basins or grass lined buffers prior to entering the streams.
XII. Sewage Disposal (DWQ Only)- N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
With regard to hazardous spill basins the road is not classified as an arterial route, therefore
hazardous spill basins are not required --
2-7-
t/Agent's Signature ' irate
signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
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Name: BALD CREEK Location: 035' 56' 17.62" N 082' 23'45.87" W
Date: 6/22/2004 Caption: SR 1389, Proffit Branch Road
Scale: 1 inch equals 1000 feet Yancey County, NC.
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Figure 1.2. SR 1389, Station 11+76, CT 2, Yancey Count, \C.
Figure 1.3. SR 1389, Station 16+32, UT 2, Yancey County, `c.
Figure 1.4. SR 1389, Station 24+02, UT2, Yancey County, NC.
Figure 1.5. SR 1389, Station 25+60, CT 3, Yancey County, NC.
Figure 1.6. SR 1389, Station 3143, CT 2, Yancey County, `C.
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT: SR 1389 Proffit Branch
LOCATION: From US 19W To End Of Maint.
WORD TYPE: Grade, Drain, Base, and Pave
WORK ORDER PRIORITY: 21
COUNTY: Yancey TOWNSHIP: Cane River
DATE: 4-29-04 SCALE: I"=50'
NOTES: 45' R/W
0.41 mi.
PREPARED BY: CAP

PIPE DATA
CO. 1A MCC SR# / 3 89 p F1 T -1? ,41lcf-l
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STATE OF NORTH CAROLINA
DIVISION OF HIGHWAYS
EROSION SYMBOLS
'D # DESCRIPTION
-5.03 TEMPORARY SILT DITCH ---------------------------------------------- TSD
5.05 TEMPORARY DIVERSION ----------------------------
---------

13.01 --------- ---S
TEMPORARY SILT FENCE --------------------------------------------- TD -----?-
TEMPORARY SLOPE DRAIN WITH EARTH BERM ----------------- --- 1
.5.01 SILT BASIN TYPE A -----------------------------
----------------------------------
SILT BASIN TYPE B --------------------------------
-------------------------------
TEMPORARY ROCK SILT CHECK TYPE A ------------------------------
TEMPORARY ROCK SILT CHECK TYPE B ---------------------
2.01 TEMPORARY ROCK SEDIMENT DAM TYPE A ----------------------- .
2.02 TEMPORARY ROCK SEDIMENT DAM TYPE B ------------------------ -
7.01 ROCK PIPE INLET PROTECTION ------------------------

4.01 --------------------
ROCK SILT SCREEN ---------------------- AO'tk

5.04 -------------------------------
STILLING BASIN ---------------------------------------------------------------------
-®
8.01 RIP RAP ------------------------------------------------------------------- RR
DITCH LINER -----------------------------------------------------------
ENVIRONMENTALLY SENSITIVE AREA-----------------------------.
PIPE OUTLET ENERGY DISSAPATOR--------------------------------------- -
---
EROSION CONTROL MATTING ----------------------------------- ECM
FIBER GLASS ROVING ------------------------------------- ------------ FGR
SILT CHECK DAM TYPE-A -------------------------------------------------------
SILT CHECK DAM TYPE--B-------------------------------------------------------
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