20060910 Ver 1_Complete File_20060619

Staff Report
Project Num: 20060910
Name: NCDOT-SR 1139
County: Swain
Location: Macon Branch Bryson City
Latitude: +35°20'31
SW Plan Location:
Owner: NC DOT Division 14 - Bryson City
Contact Person: Tippett, Lyndo
Inspection Date: 06/13/2006
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 is proposing to grade,widen and pave NCSR 1139, Mason Branch Road, in Swain County. Proposed impacts are to extend
an existing culvert 10 linear feet in an unnamed tributary to Mason Branch.
It is recommended that WQ Certification Nos. 3404 and 3366 be issued.
The 401 Certification was issued on June 19, 2006.
Version: 1 Status: Issued
Project Type: Pave road
Region: Asheville
Longitude: -83°23'42"
Title:
Phone:
Entry Time: 10:20 AM Exit Time: 10:35 AM
Inspection Type: Staff Report
Page: 1
Project Num: 20060910 Owner: NC DOT Division 14 - Bryson City
Inspection Date: 06/13/2006 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:
Are the Intermittent/Perennial calls different in the application? ? ¦ ? ?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application? ? ¦ ? ?
If yes, please describe and quantify:
Were the impacts in place prior to the application for the 401 Certification? ? ¦ ? ?
Additional conditions recommended for the Certification:
Recommended project modifications:
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:
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?
Possible secondary impacts noted:
Comment:
Page: 2
"F, WFR p
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GO r 1 r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, Y.E. Director
Division of Water Quality
JUN 2 7 9006 _ '' June 19, 2006
we 7(nh ?t Wq? . Swain County
i p sTpRMWATERe DWQ Project No. 060910
vCH NCSR 1139 (Mason Branch Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 10 linear feet in an
unnamed tributary to Mason Branch (10 linear feet of new pipe and temporary dewatering), in order to make
improvements to NCSR 1139 (Mason Branch Road) in Swain County. The project should be constructed in accordance
with your application dated June 1, 2006 (received June 7, 2006), 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 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 Water Quality Certification will expire with the accompanying 404 Permit issued by the US Army Corps of
Engineers.
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 Surface Mining Manual.
N thCarolina
oCC`
Al .s. /h.
-- p vsicsuuH f
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
June 19, 2006
Page Two
s
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
4. Placement of culverts and other structures in waters, streams and wetlands, shall be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48-inches, and 20 percent of the culvert diameter
for culverts having a diameter less than 48-inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands, streambeds or banks, adjacent to, or upstream and down stream
of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if
requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover 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 or
wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas.
6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
7. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
8. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS I or WS II), stormwater shall be directed to vegetated buffer
areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
10. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in the active
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
11. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
12. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
13. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement.
14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.

i Mr. J. B. Setzer, P.E.
June 19, 2006
Page Three
16. If concrete is used during 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 pH and possible aquatic life and fish kills.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
19. 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 bank stabilization work.
20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S, or
protected riparian buffers.
21. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
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,
4??-Y 1&4 A L
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
June 1, 2006
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MICHAEL F. EASLEY
GOVERNOR
LYNDO TUPETT
SECRETARY
Mr. Steve Lund, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 1139 -Mason Branch Road
Swain County
State Project No. 14C.087014 (DWQ Minor Permit Fee 5200)
F
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) is proposing to,.viden, grade,
and pave SR 1139, Mason Branch Road, in Swain County from the end of pavement for a
distance of 0.63 miles. This proposal entails widening and paving the existing gravel road to
a standard 18-foot roadway. The proposed improvements of SR 1139 have been identified as
necessary maintenance and safety improvements. Funds have been allocated for this project,
and NCDOT would like to perform these activities sometime during the 2006-07 paving
season.
I am sending a straight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS quad map.
We propose to install the new culverts slightly below the existing streambed elevations where
bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing
stream gradients to remain as unchanged as physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of listed species for Mason Branch. Additionally,
there are no records listed for the entire Alarka Creek watershed. The Little Tennessee River,
to which Alarka Creek is tributary, does support good populations of several federally listed
ft,
species. However, Alarka Creek is smaller and Fontana Lake has altered habitat within the
lower reaches of Alarka Creek and fragmented the riverine connection between the two
streams. Potential habitat in Alarka Creek has been surveyed previously without yielding
records of threatened and endangered species. The proposed culvert replacement and
extensions is on a small (2 feet in width) tributary near the headwaters of Alarka Creek and
the gradient in the upper reaches is significantly higher than the occupied habitat along the
Little Tennessee River. The impacts from the culvert extension will be minimal. For these
reasons, there will be "no effect" on threatened or endangered species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. The construction foreman will review all erosion control measures
daily to ensure sedimentation and erosion is being effectively controlled. If the planned
devices are not functioning as intended, they will be immediately replaced with better devices.
The rock silt screens and other erosion control devices will be in place prior to pipe culvert
construction and will remain in place until the project is stabilized.
Impacts to Waters of the United States
The unnamed tributary is small and is not shown on the USGS topographic map. However,
the stream has a well-defined channel that consists of gravel and sand. The channel lacks
vegetation. For these reasons, we believe the stream is under the jurisdiction of the U.S.
Army Corps of Engineers. In order to construct the project in accordance with our current
secondary road standards, it will be necessary to impact waters of the United States in the
Little Tennessee River Basin. Specifically, NCDOT is requesting to extend/replace one metal
culvert in an unnamed tributary to Mason Branch (DWQ Class Q. Listed below is a summary
of the proposed impacts.
Site No./ Station Existing Condition Proposed Condition Net Impacts
Site 1, 5+60 110' x 24" CMP 120' x 30" CMP 10' extension
Total Impact 10 linear feet total
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to
proceed with the construction project outlined above. By copy of this letter, I am asking Mr.
David McHenry, Mountain Region Coordinator of the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to you concerning the 404 Nationwide Permit
request.
It
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean
Water Act from the North Carolina Department of Environment and Natural Resources
(DENR), Division of Water Quality (DWQ). In addition, I am requesting ?&. McHenry and
Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment
directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 488-
2131. Your early review and consideration will be greatly appreciated.
Sinc ely,
J nathan L. Woodard, E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (six copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Ms. W. H. Roach, County Maintenance Engineer, NCDOT
Office Use Only:
USACE Action ID No.
(If any particular item is not
1. Processing
Form Version May 2002
DWQ No 0 6 0 9 1 ()
to tlris project, please enter "Not Applicable" or "N/A".)
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
2. Nationwide, Regional or General Permit Number(s) Requested: 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 (verify availability with NCEEP prior to submittal of PCN),
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 here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
B son City, NC 28713
Attn : J. L. Woodard PE District Engineer
Telephone Number: [phone] Fax Number: X828) 488-3518
E-mail Address: iwoodard a dot 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.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page 1 of 8
M. 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.
Name of project: Widen Grade drain and pave SR 11139 Mason Branch Road in Swain
County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.087014
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Haywood Nearest Town: Bryson City
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Bryson City take US 19
South to SR 1140 Alarka Road. Follow Alarka Road to SR 1139. Turn left on SR 1139.
This is the roject
5. Site coordinates, if available (UTM or Lat/Long): N 35.342° W 83.395°
(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. Property size (acres): 2.08
7. Nearest body of water (stream/river/sound/ocean/lake): Mason Branch Class C
8. River Basin: Little Tennesee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.nc.us/admin/map .)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
This project includes cutting and filling earthwork where needed replacing old drainage
structures that are inadequate making the road safer by changing the road profile, and
paving Equipment to be used will be Track Hoes Back Hoes Dump Trucks, Bulldozers,
Manual Labor, etc.
11. Explain the purpose of the proposed work:-
To pave widen the shoulders and improve the alignment of SR 1139 to meet current
NCDOT standards.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No additional permits have been applied for in the past
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
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: Culvert Extension
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located Nvithin
100-year Floodplain**
cs/no) Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tut,
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 httP //????w, fema.2ov.
*** List a wetland type that best describes ,vctland to be impacted (e.g., freshwater/saltwatcr marsh, forested \vetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (dctenriination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify,)
lC Station 5+60 Culvert Extension 10 UT to Mason Branch 2 Perennial

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
NNNN,v.us;s.sov. Several interrtet sites also allow direct do«nload and printing of USGS maps (e.g., N% w.topozone.com,
v-??w.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 10
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 4 of 8
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Watcrbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

I: :. i !.• fal c+vr -6nn firs-fioino
* List each impact SLWately and identify temporary unpacts. impacts mctuuc:, ULU cu? ,.-
flooding, drainage, bulkheads, etc.
5. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided Culverts must be extended in order to gain the necessary width
to improve SR 1139 to current NCDOT standards All pipe extensions will be placed below the
existing stream bed radient so natural substrate can be re-established.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
Page 5 of 8
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
littp:Hli2o.enr.state.nc.us/newetlands/strmgide.litnil.
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 Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP 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): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Page 6 of 8
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
K. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 e!dends out 30 feet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
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.
N/A
XI. Stormwater (required by DWQ)
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.
n_q
Stormwater will be diverted through settling basins or Rrass lined buffers prior to enteri
streams (See erosion control plan)
XH. 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.
No wastewater will be generated from the roposed project
XM. 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. 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).
N/A
Applicant/Agenf's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

SWAIN COUNTY
EROSION CONTROL PLAN
ROAD NAME Mason Branch
SR 1139
FROM SR 1140 3350 feet to end of project
ADDITION
IMPROVEMENT YES
TO BE PAVED YES
R/W WIDTH 45'
VERTICAL SCALE 1" = 50'
HORIZONTAL SCALE 1" = 25'
DATE 3-08-06
1NOWN/ -
l7LE i
INANTAVALA,/
1144 ,7 1138 ti
1137 AW-
128 ' 1137 1140
/ 1143 +.v1139 '
1136
1142 J ?
1134 r?
I O N L Project /
,? 1140
131 5 KNOB -• / LEATHERMAN i
FORE b l ELEV. 4.301
MICA ?.KNOB
32„ f SHEPHERD
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EROSION CONTROL PLANS
Swain County
SR 1139 Mason Branch
Erosion Control Schedule
• Install erosion control measures according to plans in all outlets and at other
discharge points after clearing but before grubbing
• Clear and clean outfall ditches leaving side slopes at an angle that can be retained by
vegetation. These areas will require stage seeding and mulching.
• Begin grading of roadway ditches. Place erosion control measures along roadway
ditches as grading progresses and conditions allow.
• Seed and mulch all disturbed areas as soon as any phase of grading is completed.
(Note there are 15 working days/30 calendar days to complete seeding and mulching.
A working day is defined as a day exclusive of Saturday or Sunday during which
weather conditions or soil conditions permit land-disturbing activity.)
• Clean out and/or rework all temporary erosion control measures after any significant
rainfall event (or as otherwise needed). These measures should be maintained until a
permanent vegetative cover is established.
Wet Pipe Installation Schedule
• Install erosion control devices.
• Remove material and existing pipe while limiting, as much as possible, material and
sediment from entering the stream and/or escaping from the project.
• Prepare pipe foundation while taking care to limit material and sediment from
entering the stream and/or escaping from the project. Where possible new grade
should be below the existing streambed. If needed, bedding material will be clean
stone (especially in Trout and HQW waters).
• Place new pipe and compact fill.
• 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.
• Establish permanent vegetation as soon as possible.

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