20060058 Ver 1_Complete File_20060123

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?LA, I Division of Water Quality
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v X sq Michael F. Easley, Governor
O>ACL, • ,? William G. Ross Jr., Secretary
North Carolina Departmen of Environment and Natural Resources
-? Alan W. Klimek, P.E. Director
January 23, 2006
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 0390 00013552 8862
Mr. J. J. Swain, Jr., P.E.
Division Engineer
North Carolina Department of Transportation z;
Post Office Box 3279
Asheville, North Carolina 28802
Subject: Permit Application for Proposed Road Improvements
DWQ Project No. 20060058
NCSR 1394-Willow Creek Road
Buncombe County
Dear Mr. Swain:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the subject
project. Review of your application revealed it was lacking necessary information required for making an informed
permit decision. The permit application was deficient in the following areas:
• When conducting the site visit several streams in pipes were noted that were not included in the 401/404
application. All streams that will be impacted by the proposed road construction activity should be
included in the application, including all pipes that will not be extended but replaced. Please provide an
updated 401/404 that includes all stream impacts for this project.
Also, I have included at memorandum dated October 1, 2003, from the US Army Corps of Engineers explaining the
process for permit requirements for these types of projects.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we receive the
requested information. Furthermore, until the NC Division of Water Quality receives the information, we request (by copy
of this letter) that the US Army Corps of Engineers place the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any question or require
additional information, please contact Mike Parker at 828-296-4500.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Steve Lund, USACE Asheville Field Office
Roger Bryan, Division 13 DEO
Transportation Permitting Unit
Asheville Regional Office NOnthCaro'na
Naturally
North Carolina Division of Water Quality 2090 U.S. I lighway 70 Swannaroa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone] I-877-623-6748
An Equal Opportunity/Affirmative Action Employer
1
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Michael P. Easley, Governor
William G. Ross Jr, Secretary
North C;uolma Department of Environment and Natural Resources
Alan W. Klimek, P E Director
Divisiun of Water Quality
it%?,?rryi,., ?c?h February 15, 2006
Buncombe County
I& , DWQ Project No 060058
F" NCSR 1394 (Willow Creek 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:
You have our approval, in accordance with the attached conditions and those listed below, to impact 50 linear feet of four
(4) unnamed tributaries of Willow Creek and replace culverts without extension at nine (9) unnamed tributaries to Willow
Creek (50 linear feet of new pipe, replace pipe at nine (9) stream crossings and temporary stream dewatering), in order to
make improvements to NCSR 1394 (Willow Creek Road) in Buncombe County. The project should be constructed in
accordance with your application dated January 6, 2006 (received January 9, 2006) and revised application dated January.
30, 2006 (received February 1, 2006), including the environmental comments made in the application letter. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404
and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. 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 2H .0506
(h) (6) and (7). For this approval to he valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
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 Sul face Mining Manual.
Onc
No iCarolina
aturallY
North Carolina Division of Water Quality 2090 1 I.S. Ilighway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state. nc.us PAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. J. Swain, Jr., P.E.
February 15, 2006
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 Quality has released the project.
4. Sediment and erosion control measures for sensitive watersheds [15A NCAC 04B .0124 (a)-(e)] must be used prior to
construction and maintained until any disturbed soils are permanently stabilized. Temporary or permanent
herbaceous vegetation should be planted on all bare soil within fifteen (15) days of ground disturbing activities to
provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on
disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes or wherever
possible, live stakes of native trees. Tall fescue should not be used in riparian areas. Riparian vegetation must be
reestablished within the construction limits of the project by the end of the growing season following completion of
construction.
5. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below
the stream bottom to allow natural stream bottom material to 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.
6. Rock check dams at culvert outlets should be removed at the project completion to avoid impeding the movement of
aquatic life.
7. The dimension, pattern and profile of the stream, above and below the culverts, 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.
8. Stormwater shall 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.
9. Removal of vegetation at the 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 crossing and along the streams within dedicated rights of way.
10. Any rprap 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. Riprap should not be place in stream
channels in such a manner that it impedes aquatic life passage.
11. Heavy equipment should be operated from the bank rather than in the stream channels in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream. This equipment should be
inspected daily and maintained to prevent contamination of stream waters from leaking fuels, lubricants, hydraulic
fluids, or other toxic materials.
12. 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.
13. If concrete is used during culvert construction (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 pI-I and possible aquatic life and fish kills.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
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. In-stream 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.

Mr. J. J. Swain, Jr., RE-
February 15, 2006
Page Three
16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the culvert extensions.
17. All work shall be performed during low flow conditions (below bankfull).
18. 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. The 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,
Alan W. Klii:,ek, P.E., Director
Division of Water Quality
Attachment
cc: Roger Bryan, Division 13, DF.O
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Staff Report
Project Num: 20060058
Name: NCDOT - SR 1394
County: Buncombe
Location: UT Willow Creek Sandymush
Latitude: +35°37'54"
SW Plan Location:
Owner: NC DOT Division 13
Contact Person: Tippett, Lyndo
Inspection Date: 01/0912006
Reason for Inspection: Routine
On-Site Representative(s):
Primary Inspector: Michael R Parker
Secondary Inspector(s):
Phone: [phone]
Question Areas:
0 Site Visit
Inspection Summary:
NCDOT has made application for a 401 Certification to impact several unnamed tributaries to Willow Creek. The application did not
include all impacats associated with pipe replacements but not extensions. The project was put on hold on January 23, 2006 and
additional information was requested.
Version: 1 Status: Received
Project Type: Pave road
Region: Asheville
Longitude: -82°49'44"
Title:
Phone:
Entry Time: 10:30 AM Exit Time: 10:50 AM
Inspection Type: Staff Report
Page: 1
Project Num: 20060058 Owner: NC DOT Division 13
Inspection Date: 01/09/2006 Inspection Type: Staff Report Reason for Visit: Routine
Site Visit Yes No NA NE
Do impacts described in the application differ those seen in the field? ? ¦ ? ?
If yes, please describe differences: l_
Are the Intermittent/Perennial calls different in the application? ? ¦ ? ?
If yes, please describe differences, and how mitigation ratios are affected:i
Are there additional impacts not described in the application? ? ¦ ? ?
If yes, please describe and quantify:i I
Were the impacts in place prior to the application for the 401 Certification? ? ¦ ? ?
Additional conditions recommended for the Certification:i
Recommended project modifications:1 1
Is this a modification request to an existing Certification? ? ¦ ? ?
Are there additional stromwater conditions that should be required due to the following classifications: ? ¦ ? ?
# 303(d)list, Class WS, NSW, ORW, HQW
Describe: 1
Is this a subdivision or otherwise part of a larger project? ? ? ¦ ?
# If yes, what phase is this?
Are there prior impacts from prior phases? ? ? ¦ ?
If yes, what are the cumulative imacts for this project?, i
Possible secondary impacts noted: ,_i
Comment:
Page: 2

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION 5j0°?r
MICHAEL F. EASLEY LYNDO TIPPE-H11% o,
GOVERNOR SECRETARY
?d1A STN[O?
,14N
PO BOX 3279, ASHEVILLE, NC 28802
January 6, 2006
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208 U 6 O O 8
Asheville, NC 28801-5006
Subject: Nationwide Permits #14 & # 33
SR 1394, Willow Creek Road
State Project No. 13C.011083 (DWQ Minor Permit Fee $200)
Buncombe County, NC
Dear Mrs. Pennock:
I have enclosed a straight-line diagram with erosion control plan, a PCN application for
NWP #14 & #33, and a vicinity map relative to the proposed project on SR 1394, Willow
Creek Road, Buncombe County, NC.
Willow Creek Road is currently a 14-16 feet wide gravel road. Division of Highways
plans to pave the road 18 feet wide and increase the typical section. Grading will be
light.
We propose to extend three (3) pipe culverts on Unnamed Tributaries (UTs) to Willow
Creek. Total culvert extensions will be 40 linear feet. The UT of Willow Creek at Site 1
is an approximately 3 foot wide creek with riffle/pool habitats, cobblestone substrate, and
bed/bank features. The UT of Willow Creek at Site 2 is an approximately 1 foot wide
vegetated feature with riffle/pool habitats, small rock and sand substrate, and bed/bank
features. The UT of Willow Creek at Site 3 is an approximately 1 foot wide vegetated
feature with riffle/pool habitats, small rock and sand substrate, and bed/bank features.
No stream relocation will be performed for the project. Existing channel morphology
will be maintained upstream and downstream of the culverts. The culverts will be placed
below existing streambed elevation. Riparian vegetation will be reestablished along
disturbed areas associated with the culvert extensions. Stormwater will be diverted
through grass-lined ditches or vegetated buffers prior to entering streams.
_ Mr. Steve Lund
Page -2 SR 1394, Buncombe County
January 6, 2005
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated.
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 Field Operations Engineer,
to comment on the above project. The stream is classified as Class C and is not classified
as trout. A buffer variance will not be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Brian Wrenn, 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.011083. 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,
Paul G. Wiesner
Division 13 Environmental Specialist
Enclosures
cc: J.J. Swain, Jr., P.E.
H. M. Coates, P.E.
Ed Ingle
David McHenry
Brian Wrenn
Mike Parker
Office Use Only: Form Version March 05
20060058
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or 'N/A".)
I. Processing
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: NWP 14, NWP 33
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:
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 here: ?
II. Applicant Information
Owner/Applicant Information
Name: J.J. Swain, Jr., P.E., Division Engineer
Mailing Address: NC Department of Transportation
P.O. Box 3279
Asheville, NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-251-6394
E-mail Address: pwiesneradot.state.nc.us
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.) N/A
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Paget of 9
f
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 1394, Willow Creek Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 13C.011083
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Buncombe Nearest Town: Sandymush
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From the town of
Sand ush go west on SR 1392 Big Sandy Mush Road. Next, go south (left) on SR .1394
Willow Creek Road. The project consists of the southern unpaved section of SR 1394
Willow Creek Road.
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):
Site 1: 35° 38' 9.17" N 82° 49' 42.52" W
Site 2: 35° 37' 53.64" N 82° 49'44.18" W
Site 3: 35° 37' 49.16" N 82° 49' 45.55" W
6. Property size (acres): 10.45-Acres
7. Name of nearest receiving body of water: Willow Creek (Class C)
8. 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 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is an existing gravel road. Surrounding Properties
are agricultural and residential land
10. Describe the overall project in detail, including the type of equipment to be used: We
propose to grade drain base, pave and install erosion control measures for SR 1394-Willow
Creek Road The equipment to be utilized includes an excavator, backhoe, and trucks.
11. Explain the purpose of the proposed work: We propose 'to grade, drain, base, pave and
install erosion control measures for SR 1394-Willow Creek Road. We propose to extend
three existing culverts on UTs of Willow Creek. Total culvert extensions will be 40 linear
feet The culverts will be installed to insure aquatic life passage within the streams.
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.
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. 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
Page 3 of 9
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. Provide a written description of the proposed impacts: We propose to extend three (3)
existing pipe culverts on UTs of Willow Creek. Total culvert extensions will be 40 linear
feet.
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,
se aratel list impacts due to both structure and flooding. .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are 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 acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent? ? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
Site 1 (12+50) UT of Willow
Cree Pipe Culvert
Extension Perennial
3' 20' 0.00141
Site2(46+20) UT of Willow Pipe Culvert Perennial 10' 0.00023
Creek Extension 1,
Site 2 (46+20) UT of Willow Pipe Culvert Perennial 10' 0.00023
Creek Extension 1,

Total Stream Impact (by length and acreage) 40' 0.00187
Page 4 of 9
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, dredging, flooding, drainage, 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
N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact acres): •0.00187
Wetland Impact (acres : 0.0
Open Water Impact acres): 0.0
Total Impact to Waters of the U.S. acres 0.00187
Total Stream Impact linear feet): 40'
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® 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., 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.):
Current land use in the vicinity of the pond:
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
Page 5 of 9
techniques to be followed during construction to reduce impacts. The existing secondary road
must be improved to meet current safety standards for paved roads. The nine 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
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/stnngide.htm1.
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.
We propose to utilize the Ecosystem Enhancement Program (EEP) for the mitigation
requirements for the proposed impacts. NCDOT will be coordinating with the EEP to obtain
the appropriate mitigation credits.
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
Page 6 of 9
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://h2o.enr.state.ne.us/M/index.htm. If use of the NCEEP is proposed, please
check the appropriate box an 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):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® 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 ? 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 ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) - 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.
1. 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
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 multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 3 (2 for Catawba)
Page 7 of 9
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 1 extends an
additional 20 feet from the edge of Zone 1.
3.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213.0242 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. The existing compacted gravel roadway acts as
an impervious surface. Paving of the roadway should eliminate sedimentation from fines
associated with gavel surface treatment. The roadway surface will be 40% of right of way
acreage. Stormvater will be diverted through settling basins or Bass lined buffers prior to
entering the streams.
XII. 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
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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
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:
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 8 of 9
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).
With regard to hazardous spill basins the road is not classified as an arterial route; therefore
hazardous will basins are not required

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
082° 51' 0.00' W I I I P82° 50-10.00. W I I 1082-49-1 0.00' W

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082° 51';0.00' W I b82° 50'10.00' W' I I I 082° 49'10.00' VJ I I I I 1
Name:SANDYMUSH
Date: 115/2006
Scale: 1 inch equals 2000 feet
Location: 035° 38'09.44' N 082° 49'33.50" W
Caption: SR 1394 Willow Creek Road, Buncombe County, North
Carolina
Copyright (C) 1998, AAsptech, Inc.

Photos: Site 1 : Pipe Culvert Extension -SR 1394, Buncombe County, NC.
Photo 1: A view of the upstream section.
Photo 2: A view of the downstream section.
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Photos: Site 2: Pipe Culvert Extension -SR 1394, Buncombe County, NC.
Photo 1: A view of the upstream section.
Photo 2: A view of the downstream section.
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Photos: Site 3: Pipe Culvert Extension -SR 1394, Buncombe County, NC. j
Photo 1: A view of the upstream section. ! s
Photo 2: A view of the downstream section.
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N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
ub.JE ; T: SR 1394 Willow Creek Rd
LOCATION: From EOP to Haywood County Line
WORK TYPE: Grade, Drain, Base & Pave
WORK ORDER: 13 c. 011083 PRIORITY: 18
COUNTY: Buncombe TOWNSHIP: Sandy Mush
DATE: 03-9-05 SCALE: 1"=50'
NOTES: 50' R/W.
1.80 mi. Class C
PREPARED BY: CAP.JPR
1Z

STATE OF NORTH CAROLINA
DIVISION OF HIGHWAYS
EROSION SYMBOLS
;TD # DESCRIPTION
'.-45.03 TEMPORARY SILT DITCH ----------------•----------
-----
---------- TSD
?45.05 TEMPORARY DIVERSION
393.01 TEMPORARY SILT FENCE ---------------------------------------------

' TEMPORARY SLOPE DRAIN WITH EARTH BERM ----•------------- --
_45.01 SILT BASIN TYPE A ------------------------------
---------------------------------
SILT BASIN TYPE B -------------------------------

392.04 -----------•-------------------
TEMPORARY ROCK SILT CHECK TYPE A --------------•----•----------
395.10 TEMPORARY ROCK SILT CHECK TYPE B ------------------------------- - y
392.01 TEMPORARY ROCK SEDIMENT DAM TYPE A -----------------------
392.02 TEMPORARY ROCK SEDIMENT DAM TYPE B ---------------•--•----- -
397.01 ROCK PIPE INLET PROTECTION --•--------------
394.01 ROCK SILT SCREEN ---------------------------
---------------
?45.04 STILLING BASIN •---•-•-------•----------------------------------------•--•---------- -®
368.01 RIP RAP ----•------------------------------
--------------
- - -- -
RR
DITCH LINER -----------------------------------------------------------
ENVIRONMENTALLY SENSITIVE AREA--------•----------------•-.-.
PIPE OUTLET ENERGY DISSAPATOR---------------------------------------
EROSION CONTROL MATTING ------------------------------------ ECM
FIBER GLASS ROVING -----------------
SILT CHECK' DAM TYPE-A ------------------------------------------------------ -- 0
SILT CHECK DAM TYPE--B------------------------------------------------------- 0
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EROSION ¢CONTR®L PLAN SHEET
Silt fences and temporary silt ditches shall be installed after clearing and
before grading.
Temporary stone ditch checks shall be installed as soon as ditch line is
established.
Pipe outlet and inlet protection will be done as soon as the pipe is installed.
Silt basins (Type B) will be constructed to the dimension of nine feet by
three feet by two feet unless otherwise noted on plans. (See SB-9 on
dimension sheet)
Seeding and other permanent erosion control measures are to be
implemented as soon as practical.
Temporary rock silt checks (Type B) will be spaced as required by percent
of grade.

Stage Seeding:
The work covered by this section shall consist of the establishment of a vegetative cover
on cut and fill slopes as grading progresses. Seeding and mulching shall be done in stages
on cut and fill slopes which are greater than 20 feet in height or greater than 2 acres in
area. Each stage shall not exceed the limits stated above.

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0

PIPE INSTALIATJON NOTES
1) Install erosion control devices. In streams, where necessary, rock silt
screens will be used.
2) Remove material and existing pipe while limiting, as much as possible,
material and sediment from entering the stream and/or escaping from the
project.
3) Prepare pipe foundation while again taking care to limit, as much as
possible, material and sediment from entering the stream and/or escaping
from the project. Where possible, new grade will be below the existing
streambed. If needed, bedding material will be clean stone.
4) Place the new pipe and compact backfill.
5) Install slope protection on outlet and inlet ends of pipe. Also complete
installation of erosion control measures and perform maintenance as
needed on existing measures.
6) Establish permanent vegetation as soon as possible.

PIPE OUTLET ENERGY DISSIPATOR: 00.
000
0000
A pipe outlet energy dissipator shall be used at pipe outlets to 'slow the water
velocities when it exits the pipe and flows out ditched or natural waterways. It is
an apron of stone of a sufficient thickness to protect the outlet area from scouring
out and causing off-site sedimentation damage. Pipe outlet energy d.issipators
should be built according to the guideline chart shown on page VIQ-3 of this
manual.
AREAS OF USE:
• Outlets of pipes* and culverts to prevent scouring,
DESIGN CRITERIA:
• In accordance with chart on page VIII-3.
• Filter fabric, or six inch layer of gravel, shall be used under stone.
MATERIALS :
• Filter fabric shall meet requirements of section 1056 of Standard
Specifications for Roads and Structures, January 1, 1990, for type II filter
fabric.

VI-34 March, 1993
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ROADWAY DITCH AND MEDIAN LINING GUIDELINES
Percent of Grade Type of Lining Recommended
0%----
Straw And Tac
1 % ----
2% Erosion Control Matting
3%
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4% Erosion Control Matting
5% ----
Greater Stone
• DESIGN FQ.R. .
SILT BASIN NOT TO SCALE
CHECK EVERY Mf i ?T ANO
CLEAN OUT WHEN HALF FULL.
600 CUBIC FEET PER ACM
3,
3'
9'
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( ( S.B. 9 )
s.8, 6 )
'"vin Ur DISTURBED AREA
3'
2' 3'
r I4'
2' I
( S.B.7)
3• i
If (S.B.14) ,
r 2!'
2' LENGTH OF DISTURBED AREA
3'A ( S.B. 21)
LENGTH OF DISTURBED AREA
211, '
2' _
LENGTH OF DISTURBED AREA
S.8.28
SILT BASIN TYPE-B:

A silt basin type-B is a temporary basin built to collect sediment flowing through a
drainage way. The silt basin is built at the base of the ditch with its length being at
least 2 times the width of the basin. The type-B silt basin is generally built in
conjunction with temporary rock silt checks and other devices that control or slow
down water flow. This device must be monitored closely and cleaned out on a
regular basis until grass is established along the ditch line and sedimentation is no
longer a problem.
AREAS OF USE:

• In conjunction with temporary rock silt checks and other devices used in
drainage ditches.
DESIGN CRITERIA:
• Width - variable
• Length - 2 times width
• Depth - 2 ft. minimum storage - 1800 cubic feet/acre (equals L x W x D)
23 March, 1992

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TEMPORARY SILT DITCH:
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A temporary silt ditch shall be used-in place of silt fence in many situations.
Temporary silt ditches shall be used at the toe of fill slopes to divert runoff into
sediment basins, temporary rock sediment dams, temporary rock silt checks and/or
other sedimentation control measures. Temporary silt ditches are approximately 1
ft. deep, 2:1 side slopes with an optional earth berm.
AREAS OF USE:
• Toe of fill slopes where fill exceeds 3 ft in vertical height.
• Along streams to intercept flow and/or divert to a controlled outlet.
13 March, 1992
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TEMPORARY SILT FENCE:
A temporary silt fence is commonly used at the toe of a fill section to prevent off-
site sedimentation. It is made of permeable filter fabric buried at the bottom,
stretched and supported by steel posts. The silt fence reduces the water flow while
retaining the sediment. They may also be used to divert water flow to protected
outlets. Silt fences need to be checked after each significant rainfall to ensure there
effectiveness. They must be maintained on a regular basis. Silt fences shall not be
installed across streams, ditches, or waterways.
AREAS OF USE:
• At toe of fill sections where sediment runoff can be stored and contained
inside the project limits.
DESIGN CRITERIA:
Materi al With Wire Without Wire
Fabric Type 3 Class A Type 3 Class B
Steel posts length 5 ft 5 ft.
Post spacing 10 ft. 6 ft. maximum
17 . March, 1992

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ROCK SILT SCREEN:
A rock silt screen is a low-level dam structure to be used in streams below cu
culvert
sites. Rock silt screens**-' hall be used to trap sediment transp 3 orted lu-unning water
,.:d.:.,.... ,•
and shall be place m the stream below the construction site within tlie=right-of- -'
- way or easement boun `The rock silt screen utilizes class B stone lined with #5
' or #57 stone to produce ayrippa ripple-effect in the stream to settle the larger *sediment
particles transported in-the stream from the construction site. The trapped sediment
shall be cleaned out before the device is removed from the stream-- - -
AREAS OF USE: .
• In live streams below construction sites where construction occurs in or
adjacent to the stream.
• In live streams below a culvert construction site.
• Where it can be cleaned before it is removed from stream.
DESIGN CRITERIA:
• Structural stone - class B stone
• Sediment control stone - # 5 or # 57 stone
•' Dam height - 1.5 ft. minimum and 3 ft. maximum ( shall not be higher than
1 ft. above normal flow of stream)

VI-24 March, 1993
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TEMPORARY ROCK SEDIMENT DAM TYPE-B:
9J
A temporary rock sediment dam type-B is a small dam structure with a weir outlet
and a built-in sediment basin. Type-B temporary rock sediment dams shall be used
in drainage ditches to detain sediment-laden runoff and to trap sediment to protect
receiving streams and adjacent property. The type-B temporary rock sediment
dams utilize class-B stone lined with #5 or #57 stone in conjunction with a built in
basin to trap sediment. They shall not be used in live streams.
AREAS OF USE:

• At outlets of temporary diversions, temporary silt ditches, channels, and
temporary slope drains.
• In locations where the dam can be cleaned and maintained on a regular
basis.
• In locations where runoff is exiting the construction site.
• In small natural drainage turnouts.
DESIGN CRITERIA:
DRAINAGE AREA
acres
2
3
4
5
MINIMUM WEIR LENGTH
4.0
6.0
8.0
10.0
12.0
• Storage capacity - 1800 cubic ft./ acre to be cleaned out when half full
(approximately 3-4 times a year).
• Side slopes - 2 :1 (or flatter).
• Structural stone - class B stone.
• Sediment control stone - #5 or #57 stone.
• Length of apron - approximately height of dam.
31
March, 1992

TEM OR Ry ROCK SILT CHECK TypE-B: • -
1 , >
A temporary rock silt check type-B (also called- check dam is a small' weir used to reduce gullying in drainage ditches that are to be filled or ain with a
Permanently stabilized at a later date. These type-B rock -
the flow velocity and are generally made of class silt checks help reduce
-B stone. They are
during construction where the grade meets and/or exceeds'3% used in ditches
AREAS OF USE:
° In channels, roadside ditch outlets, temporary
diversions silt ditches, and temporary
In conjunction with type-1B silt basins.
DESIGN CRrMPJA:
• Center of rock silt check shall be at least 1 foot lower than the ou
(top of channel sides) ter edges
• -The spacing (ft-) = (3 / % of ditch grade) X 100 ft.

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