20070579 Ver 1_401 Application_20070307

Ms. Cyndi Karoly
Supervisor - 401 Oversight/Permitting Unit
NC Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27669-1650
Dear Ms. Karoly;
March 26, 2007
~47.05T9
PAYMENT
RECEIVED
Enclosed are five (5) copies of the completed Pre-construction Notification (PCN) for
road construction/re-construction and obliteration associated with a USFS easement
granted to Mr. Patrick E. Byrne II in Yancey Co., NC. The purpose of the project is to
provide access to Mr. Byrne's properties by abandoning an existing road along Whistling
Gap Branch and constructing and re-constructing an access road across Mr. Byrne's
properties and across the USFS. The PCN has been sent to Mr. David Baker, USACE
under NWP 14 for approval. We are requesting Section 401 water quality certification
for this project. Enclosed is the applicable fee for this project in the amount of $475..
The USFS is granting easement to Mr. Byrne to construct a new road and to obliterate the
existing road along the branch. This closure and relocation will serve to stabilize the
creek channel and reduce sedimentation by eliminating the need to use the old road as an
access route to Mr. Byrne's properties.
The enclosed documentation details the project in four segments; Byrne tract 3 to include
relocation of 650' of road, Byrne tract 1 to include 2350' of road relocation, USFS
easement for 1350' of road construction, and USFS easement abandonment of 1275' of
existing road along Whistling Gap Branch. The project will impact 230' of perennial and
intermittent stream channel through culvert installation and mitigation culvert removal
which is approximately 0.1 acres. A stream impact table is shown on p. 5 of the project
description documents.
This PCN sent to USACE and the NC Wildlife Resources Commission.
Should technical questions arise, my technical contact is:
James R. Sherar. NC PE
Email: jrs4trees(a~prodi , .net
828.778.4244
Please contact me directly with other questions. Thank you for your review.
Sincerely,
Gary Sil r
Agent fo .Patrick E. Byrne II
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SPECIAL LIMITED POWER OF ATTORNEY
I, PATRICK E. BYRNE, II, 1449 Bayshore Drive, Niceville, Florida 32578,
hereby appoint GARY SILVERS, as my true and lawful attorney-in-fact, for me and in
my name, place, and stead, and for my use and benefit to perform the following~duties:
1. To obtain permits and schedule and authorize construction on a road on and
adjacent to my property in Yancey County, North Carolina.
This Power of Attorney will remain valid and in full force and effect until September 30,
2007, unless revoked by me in writing prior to that time.
I hereby give and grant unto my said attorney-in-fact full power and authority to
do and perform every act necessary and proper to be done in the exercise of any of the
foregoing powers as fully as I might or could do if personally present, with full power of
substitution and revocation, hereby ratifying and confirming all that my said attorney
shall lawfully do or cause to be done by virtue hereof.
Executed this ~ ~ day of March, 2007, at Valparaiso, Florida.
WITNESSES:
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rint n ~: ~ ~'~G. ~~-~, ( j ~ ~~.t' .s'~ ~ ~-.' i- tl-r r~ 3
Print name: m A~ R P -' ? A L L
STATE OF FLORIDA
COUNTY OF OKALOOSA
Before me, the undersigned authority, personally appeared PATRICK E. BYRNE,
II, who executed the foregoing instrument and who is personally known to me and who
did not take an oath.
Witness my hand and official seal this ~,,~ day of March, 2007.
q
Notary Public - S to of Florida
`inn

Table of Contents: PNC
Whistling Gap Road Re-location and Obliteration
Mr. Patrick E. Byrne properties and USFS easement
1-2 USFS Decision Memo to grant easement
3-4 Vicinity Maps for Whistling Gap Branch
5-7 Byrne tract 1 project details and map
8 Byrne tract 3 project details and map
9-10 USFS easement road obliteration project details and map
11-13 USFS easement road relocation project details and map
14 USFS general guidelines for road construction
15-17 Typical drawings for road construction projects

uEC~sbH MEMO
11YhIstUng Gap r ~~ ~ WYY E(~
USDA Font Servirx
Appatad~ian Ranger District
Pisgah National Forest
Yancey County, Noah CaroNna
I. DECISION AND PURPOSE S HEED
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I have decided to permit a private read easement to Mr. Patrick Byrne. Mr. Byrne owns two
tracts of land in the Whistling Gap Branch area that borders Nations! Forest System (NFS} land
Tracts P-3 8 and P- ! O?. The northern tract borders P 109 which Mr. Byrne sold to the USFS for
protection of the Appalachian Trail. Mr. Byrne has an established private right-of-way (R-O-VIA
across Tracts P-38 and P-10'7. The cxisting private R-O-W is gated and locked near State Road
14! I . The mad has several stream crossings and is located along Whistling Gap Branch. My
decision will permit Mr. Byme Lo construct about 1,000 feet of new road uphill of Whistling Gap
Branch on NFS lands, and obliterate and rehabilitate the existing road along Whistling Gap
Branch on NFS lands; reducing potential long-term impacts to water quality. The new section of
road will require two small stream crossings and the entire road will be maintained by Mr.
Byrne. Pre-existing c+oad access wi11 be maintained to 1VFS lairds.
The following project design features and mitigation measures will be applied to implementation
of the decision:
• Stream crossing structures and/or culvert installation within perennial streams is prohibited
within the trout spavming moratorium of October 15 through April 15.
• North Carolina Best Management Practices (BMPs) will be adhered to during mad
oon.~trtiction, such as sift fences, to ensure off-site movement of soil does not occw.
• A dip is to be installed at the south end of the 1,000 foot road location (route identified with
orange and white striped flagging) which will allow the over-the-ground water flow during
storm events to continuc to flow over the cove site to the stream, thereby maintaining the
coves hydrology and characteristics.
• Excavated soil from any necessary cut bank is to be moved offNFS lands and riparian
areas.
• A cultural site has bees nagged near the proposed route that will be protected and
monitored by a hcritage resource technician and/or zonc archaeologist during
implementation.

~~ Prlva~e koad Easement _ o®cisinn Memc
~r. ~lNOIN~s
I . The actions of this project are consistent with the Forest-wide direction given in the Forest
Plan.
2. The actions of this project are consistent with the Forest Plan because mitigation meaatstmes
for impacts have been fully applied in the planned actions. The project is feasible and
and will result iD applying t practices that meet the Forst Pan's
ovcxaU direction of Ong the eavirnnment while producing goods and services.
3. The actions of this project have mat eU requirements of the Endangered Species Aa and all
agreements with the State Nattu~l Heritage Progreun, in that there are no impacts e~Kpected on
Propoood, Endangered, Threatened, or Sensitive species or critical habitat for these species.
4. 'T`here are no significant heritage or cultural reHOUr~oes in the project area that would be
adversely s~ected.
S. ?here are no ur~wecsible or irretrievable resour<x oommitraents.
v. ~.~. ~l.la~lunr a ~rENT~TION
My decision is not subject to adminiive appeal pusauant to 36 CFR 215.120 and is
consistent with the October 19, 2005, Earth Ltland v. Ruthenbeck order. My decision is
categorically excluded from an enviromnental amassment or environmental impact t arm
dais project may be implemented immediately upon signanuti.
Vl. CONTACTS
For further information on this decision, contact Linda Randolph, Project Leader, Appalachian
Ranger District at 828-622-3202 or Michael Hutchins, Pisgah National Fore.~t NEPA
Coordinator at 828-682-614b.
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Forest Supervisor

~ T ~ 5
Whistling Gap Road Relocation and Obliteration Project
Patrick E. Byrne II Properties/LTSFS easement
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i~icinity Map -Patrick Byrne
Properties
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M..~ ~~~ ~~ .,a ~~i~icinity Map -Patrick Byrne
Properties
Location Mep
Road Construction with USFS Easement
Patrick Byme, II
Scale 1:14100 1 Inch = 1200 feel

Q',7i!r" NOTALEGAL SURVEY
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7.0579
Topographic Map showing Byrne/USFS Tracts
And approximate locations of work -, ,. _ ., „~
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General notes on road construction/reconstruction and erosion control plan:
NC BMPs will be adhered to in construction/reconstruction/obliteration
activities.
General guidelines for road construction, single lane w/turnouts, 5 homes or less
will be adhered to (attached). (Item 12-14, seed mixture will conform to current USFS
minimum requirements for stabilization and erosion control).
Silt fence will be installed 50' either side of live stream crossings
All outlets of ditch relief culverts and dips will include protection against erosion
Ditch lines include check dams or settling ponds as required to minimize erosion
Disturbance acreage Summary: Total = 2.17 acres
Byrne Tract 1:2350' of road construction/reconstruction = 1.08 acres
USFS easement: 1350' of road construction = 0.62 acres
USFS easement: berm removal and culvert removal = 0.17 acres
Byrne Tract 3:650' of road construction = 0.30 acres
PerenniaVIntermittent Stream Disturbance Length Summary: Total = 230'
Byrne Tract 1: (1) culvert installation - 20'
USFS easement (new): (4) culvert installations - 80'
USFS easement (obliteration): (2) bridge removals - 35'
(3) culvert removals - 55'
Byrne Tract 3 : (1) culvert installation - 40'
Stream Impacts Summary -all classes:
Byrne Tract 1:
9+70 installation 18" x 20' culvert
12+00 installation 24" x 20' culvert
17+00 removal
USFS easement (new):
0+25 installation
4+ 15 installation
6+50 installation
7+50 installation
8+50 installation
10+00 installation
11+50 installation
12+50 installation
USFS easement (obliteration);
0+00 removal
0+60 removal
1 +60 removal
3+45 removal
4+96 removal
6+74 removal
8+86 removal
12" x 20' culvert
ephemeral
perennial
ephemeral
24" x 20' culvert intermittent
24" x 20' culvert perennial
24" x 20' culvert ditch relief
24" x 20' culvert ditch relief
24" x 20' culvert ditch relief
24" x 20' culvert intermittent
24" x 20' culvert ditch relief
24" x 20' culvert perennial
12" x 15' culvert
19' x 17' bridge
18" x 20' culvert
24" x 20' culvert
24" x 20' culvert
14' x 18' bridge
24" x 20' culvert
intermittent
perennial
ditch relief ephem
ditch relief ephem
intermittent
perennial
intermittent
Byrne Tract 3 (new):
1+00 installation 60" x 40' culvert perennial

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Construction/Reconstruction Activities Plan- Byrne Tract 1
0+00 Continue construction from USFS easement,
-6 grade, outsloped, 14` subgrade, 12' gravel surface
Install silt fence either side of live streams
Windrow material at toe of fill
Seed and mulch disturbed areas
3+00 construct dip, rock outlet
3+75 construct dip, rock outlet
6+30 PC switchback curve
7+50 PT, end switchback curve
9+70 Install 18" culvert x 20'
Ephemeral stream
10+50 PC begin switchback curve
12+00 PT end switchback curve
Insta1124" culvert x 20', perennial from springhead
Continue -6% road grade
15+00 End new construction, begin reconstruction of existing road
17+00 Remove existing 12" culvert, ditch to daylight @ 18+00
PC rebuild existing switchback curve
18+00 PT end existing switchback curve, continue on existing location
22+50 PC rebuild existing switchback curve
23+50 PT continue on existing location, end project

0578
Topographic Map of Construction/reconstruction activities Byrne Properties,
Stations 0+00 - 23+SO tract 1
IP igwlAtdc CgipnLt ~n Lan LkLo~me 1".nunWL M1~ 9p96 ~5'o~n~e D,iu: PtiGS ~~ Cb (t k,de: 1 ~ 6.W0 Ikcnt 1t0 U.mon R'U'SB!

Construction/Reconstruction Activities Plan- Byrne Tract 3
0+00 Begin relocation construction, 10% road grade
1+00 Insta1160" x 30' round culvert on perennial stream (L= 40')
6+50 End relocation construction on existing road
7 ~ 0 ~ 7
Topographic Map of Construction/reconstruction activities Byrne Properties,
Stations 0+00 - 6+SO - tract 3

Description of Road Closure/Obliteration Activities
Whistling Gap Branch, USFS tracts P-107/P138
0+00 Remove existing 12" x 15' culvert, bank stabilization (L=15')
intermittent drainage
Begin closure activities
USFSByrne property boundary
0+60 Bridge (19'x17') removal and bank stabilization (L=17')
Perennial stream
1+60 Remove existing 18" x 20' ditch relief culvert, ephemeral
3+45 Remove existing 24" x 20' ditch relief culvert, ephemeral
4+96 Remove existing 24" x 20' culvert, intermittent stream (L= 20')
6+74 Bridge (14'x8') removal and bank stabilization (L=18')
perennial stream
8+86 Remove existing 24" x 20' culvert, intermittent stream (L= 20')
9+36 Begin pulling outside berm back into roadway, dip to drain, outslope
14' width of soil exposure
12+75 End berm removal,
USFSByrne property boundary
Construct road closure berm with dirt/large rocks, outslope to drain

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USFS Easement

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07.0579
Map of Road Closure and Obliteration Activities
0+00 -12+75

Construction Activities Plan - USFS easement
0+00 Begin construction, leaving existing road,
-3% grade, outsloped, 14` subgrade, 12' gravel surface
Install silt fence either side of live stream
Windrow material at toe of fill
Seed and mulch disturbed areas
0+25 Install 24" x 20' culvert
1+50 Construct dip, rock outlet
2+00 PC, Begin 50' radius curve
2+50 Construct dip
Begin -6% grade
Construct turnout, curve widening 8'
3+00 PT, end curve
3+95 Ditch to culvert at 4+15
4+15 Install 24" x 20' culvert
Drainage area = 9.7 acres,Q18"allow= 15.95 cfs, QSOyeat= 7.14 cfs
Begin -9.5 % grade, ditch and culvert, 14' subgrade, 12' gravel surface
4+50 Construct rock fill dip
5+50 End rock fill dip
14 ` subgrade, ditch and culvert road
6+50 Insta1124" x 20' ditch relief culvert
Begin - 8.5% grade
7+50 Instal124" x 20' ditch relief culvert
8+00 Begin - 10 % grade
8+50 Install 24" x 20' ditch relief culvert
8+75 PC begin curve
9+00 Begin - 6% grade

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9+25 Construct turnout, 8' curve widening
9+50 Begin - 7 % grade
9+75 PT curve
10+00 Install 24" x 20' culvert
11+50 Insta1124" x 20' ditch relief culvert
12+00 Begin - 9%
12+50 Install 24"x 20' culvert
Drainage area = 7.5 acres,Q18"allow= 15.95 cfs, QSOyear= 5.71 cfs
Begin -9.5 % grade, ditch and culvert, 14' subgrade, 12' gravel surface
13+50 End USFS easement project, USFSByrne boundary
Construct turnout, 8' curve widening
Begin 0+00 Byrne tract 1 construction and reconstruction project

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Topographic Map of Construction Activities -USFS easement

General Gaidelines for Rosd Construction
Single Lane Roads with Trtrnotr~s -Five Homes or Less
1. 1be road should have a minimum width of 13 feet (including shoulders) plus curve
widening
2. lntee~-visible passing areas are to be included (maximum distance between passing area shall
be 700 feet).
3. Cut slopes should not exceed a maximum of 14 to l depending on the type and formation of
rock and/or soil.
4. Fill slops may be placed on the natural repose of the soil. Engineered fills shall be
designed based on the material being utiiizod considering the location sad other site fact~sors.
S. Portions of road with grades eight percxnt or less may beout-sloped to drain utilizing broad
based dips.
6. Roads with grades greater than eight percxnt shall be ditched (minimum one side) with cross
drains.
7. Sustained grades shall not exceed 12 y6 with abort pitches (<1 SO feet) not to exceed 20'/0.
8. Cross drain calverta shall be a minimum of 18 inches in diameter and of sufficient length to
assure disposal of water on natural ground ougide fill slope toe.
9. Culverts utilized to carry stream flows must be designed according to standard engineering
pradioee to assure passage of a SO year flow went
10. Cloned material maybe windrowed at the toe of the fill, It shall be limbed and compacted
to faro a row that does not exteatd in !aright gnattex than the elevation of the sub-grade.
11. Clearing limit shall be from five feet above the tap of the cut to the too of the fill. If
windrow is placed, additional clearin~ is required to accept the material.
12. Coaatnxtion season shall be April l -September 30a'. Seeding activities moat be
completed by September 30'x.
13. No dishubed area oubide the fraud way maybe irR without seeding and mulching for more
then l S days.
14. Disturbed or newly oomstructod slopes within 2S feet of stream courses shall be immediately
protected by seeding with l O 1bsJac of annual ry+egrass and 201bs/ac of fungus free tall
fescue and covered with straw mulch and small limbs the same day as the disturbance
(whotha completed err not).
1 S. Silt traps (small retention ponds) must be considered and if warranted, must be constructed
sad maintained until turf is established.
16. Surfacing shall be included to meet the intended use of the mad.
17. An erosion control permit, approved by the states will be required if the total disdubed area
in one acre or larger.
1Vees: Other or more stringent requirem~ (including long term seeding) may be identified in
the Environmental Analysis.

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Typical Sections Road Construction
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Tvnical Live Stream Culvert Installation
TYPICAL ~fTCH Rf3,JEF CULVERT

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Q~i1EA~i. ~Ifif~ W1Y O~IWOE TO fR at0N10 00ft1fli01t!-)
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TYPICAL DRAINAGE OIP
TEMPORARY SA~.ED HAY OR STRAW SILT CHECKS
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CtR.VERT SIt.T CHECK
FOR DITCH REUEf CULVERTS ONLY

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TEMPOR/IRY SILT FENCE
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Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ T ~ ~ 5 T 8
to any paritcuiar Hem is not appnca~ie to ttus project, p>!ease enter "Not Applicable" or "N/A".)
L Processing PAYMENT
RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Hermit 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check--l~er~;, ; ~ , ---
~t~ ,~ 1>~
II. Applicant Information
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1. Owner/Applicant Information
Name: Mr. Patrick E Byrne II ~~,I ~r~r, > o„ <, ~,~k~ ,<:;h,. n~n~e,F,
Mailing Address: 1449 Bavshore Drive
Niceville FL 32578
Telephone Number: 850-678-1616 Fax Number: 850-678-2022
E-mail Address: n/a
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Attn: Gary Silvers
Company Affiliation: 789 Flat Branch Road
Mailing Address: Green Mountain NC 28740
Telephone Number:~828) 208-0437 cell Fax Number:~828) 688-2312
E-mail Address: n/a
Updated 11/1/2005
Page 5 of 13

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: Whistlin Ga Road Relocation and Obliteration
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
s
4. Location
County: Yancy Nearest Town: Burnsville
Subdivision name (include phase/lot number): Whistlin~LGap Branch
Directions to site (include road numbers/names, landmarks, etc.):I-26 East from Asheville to
US19e/w exit Burnsville/S ruce Pine North on 19W left on Little Creek road 2 miles and
then right on Whistlinf; G~ Branch road (Be~innin~ of Project
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °1`l oW
6. Property size (acres): 53 42 (3 tracts)
7. Name of nearest receiving body of water: Whistling Ga_p Branch -Cane River -Toe River
- Nolichucky River
8. River Basin: Nolichuc ~ R- b ~
(Note -this must be one of North Caro ' a's seventeen designated major river basins. The
River Basin map is available at http'//h2o enr state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: An existing road serves three~arcels of private land owned
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by Patrick Byrne and separated by a parcel owned by the USFS At present one home site
has been constructed on the northernmost parcel of Mr Byrne The existing road located
near the creek on the USFS is being relocated higher on the slope by an easement granted to
Mr. Byrne by the USFS. The new construction will connect with parts of the existin road
on the lower and upper tracts owned by Mr Byrne General use is currently limited to
vacation occupancy in the one residence
10. Describe the overall project in detail, including the type of equipment to be used: The
proiect involves the relocation of 650 feet of existing road on the lower tract (3, the
relocation of 850' and the new construction of 1500 feet on the middle tract (1) And new
construction of 1350' of road across the USFS The project also involves the obliteration and
closure of 1275' of existing access road than runs along Whistling Gap Branch as required by
the USFS easement. The work will include installing new culverts and removing existing
culverts, and removine 2 wooden bridges and re-ve etating the site as listed in the schedule
of work (see attached work plans and maps) Standard road construction equipment will be
used, i.e. to include trachoe/dozer/backhoe/dump trucks
11. Explain the purpose of the proposed work: The purpose of the project is to provide access
to the northern property owned by Patrick Byrne and eliminate the existing road alon,.g
sections of Whistling Gap Branch
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 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.
none
Updated 11/1/2005
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VL 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. Each impact must. be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
Provide a written description of the proposed impacts: The,.proposed impacts to water
duality are due to the installation of culverts the rg ading and stabilization of 3500' of newly
constructed road, 650' feet of re-constructed road and the removal and stabilization of banks
of two wooden bridges and 5 existing_metal culverts during road closure and obliteration
activities (see attached schedule of work items)
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
~a..~r~tAi., l; et ;ri,~a~t~ ~„P to tenth stn~ct~~re and flooding.

Wetland Impact
Site Number
(indicate on map)

Type of Impact T e of Wetland
~
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Neazest
Stream
lineaz feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: n/a
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but aze not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, -crib
walls, 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 To calculate acrea a multi 1 len h X width, then divide b 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Im act linear feet acres
Updated I l/1/2005
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-.
See attached sheet
~ Total Stream Impact (by length and acreage) _ I 2301f
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dyed 'n , floodin , draina a bulkheads etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)
6. List the cumulative im ct to all Waters of the U.S. resultin from the ro'ect~
Stream Im act (acres
Wetland Im act (acres):
n Water Im act acres
Total Im act to Waters of the U. S. (acres)
Total Stream Im act linear feet): 2301f
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes xx No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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., darn 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.):
Current land use in the vicinity of the pond: __
Updated I1/]/2005
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Size of watershed draining to pond: 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.
NC Best Management Practices will be adhered to in the construction and upgrading of the road
system. In addition, requirements of the easement across USFS will be met. Specifically,
erosion control mitigation measures common with bridge/culvert removal will be followed to
include bank stabilization and seeding/mulching. Silt fencing will be used within 50 feet of live
streams, culvert outlet stabilization of riprap will be used as needed. Rock check dams will be
used in the ditchlines to reduce flow velocities between ditch relief culverts.
VIIL 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 January 15, 2002, 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 NCEEP 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/strmgLide. html.
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M
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.
The removal of existing drainage structures and stabilization of channels, and the closure
of 1275 if of road that runs along a perennial drainag~Whistling Gap Branch) will offset
and act as a mitigation for the installation of new drainage structures associated with the
relocation of the road higher on the slope away from the perennial drainage.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/Jh2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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):
lx. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes xx No ^
2. 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 xx No ^
3. 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 (xx DM attached) No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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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 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No xx^
2. If "yes", 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 multivliers.
Zone* ~^^Impact^`\ I Multiplier I Required
2
Total
* Zone 1 extends out 30 feet perpendicL
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please
Donation of Property, Riparian Buffer
3 (2 for Catawba)
1.5
the top of the near bank of channel; Zone 2 extends an
discuss what type of mitigation is proposed (i.e.,
Restoration /Enhancement, or Payrnen
Riparian Buffer Restoration Fund). Please attach all appropriate information as
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
4275 if x 14' width = 1.37 acres / 53.42 acres ; 2.6% impervious
XIL Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
t into the
identified
Updated 11!112005
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XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No xx
Is this an after-the-fact permit application? Yes ^ No xx
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No xx
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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