20051534 Ver 1_Complete File_20050822

Or J v,; R
`O?
° LPG
DW00 7?

Michael F. Easley, Governor
illia G. Ross Jr., Secretary
44 ?? rolina Departure of Envir4men?p?$latural Resources
R I ,.
L>!, ODU Alan W. Klimek, P.E. Director
,il?i;?h • Yy
`.c 4? e 'up. Division of Water Quality
eR,q -17 August 22, 2005
Cherokee County
DWQ Project No. 051534
NCSR 1373 (Hayes 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 5 linear feet of an
unnamed tributary to the Valley River (5 linear feet of new pipe), in order to make improvements to NCSR 1373 (Hayes
Road) in Cherokee County. The project .should be constructed in accordance with your application dated August 4, 2005
(received August 12, 2005), 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 No. 3404, corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you must acquire any other federal, state
or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigaticn. may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
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 Manzfal.
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
Aoaturallif
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state. nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer
i lt''IA
Mr. J. B. Setzer, P.E.
August 22, 2005
Page Two
d. Any reclamation measures and implementation must comply with the reclamation in accordance with t
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 t:
impacts depicted in the Preconstruction Notice Application. All construction activities, including the desig
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall
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 practicabl
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be remove
and the natural grade restored within six months of the date that the Division of Land Quality has released the projec
4. Sediment and erosion control measures for sensitive watersheds [ 15A NCAC 04B .0124 (a)-(e)) must be used prior
construction and maintained until any disturbed soils are permanently stabilized. Temporary or permane
herbaceous vegetation should be planted on all bare soil within fifteen (15) days of ground disturbing activities
provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding <
disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes or wherev
possible, live stakes of native trees. Fescue and straw should not be used in riparian areas. Riparian vegetation mu
be reestablished within the construction limits of the p? oject by the end of the growing season following completion
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
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches belo
the stream bottom to allow natural stream bottom material to become established in the culvert following installatic
and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, at
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 i
aquatic life.
7. The dimension, pattern and profile of the stream, above and below the culverts, should not be modified by widenir
the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natur
geomorphic conditions.
8. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site fc
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existin
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
9. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrul
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should 1:
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinit
of the road crossing and along the streams within dedicated rights of way.
10. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, an
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in strew
channels in such a manner that it impedes aquatic life passage.
11. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimiz
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prever
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
13. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdam:
flexible pipe or other diversion structures should be use°_: to minimize excavation in flowing water.
14. If concrete is used during culvert construction (e.g., headwalls), a dry work area should be maintained to prever
direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shoul
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters i
strictly prohibited.
16. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or othe
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediat
vicinity of the culverts. In-stream dredging has catastrophic effects on aquatic life, and disturbance of the natura
form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
ry
Mr. 4. B. Setzer, P. E.
August 22, 2005
Page Three
17. 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.
18. All work shall be performed during low flow conditions (below bankfull).
19. 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,
pz?
Alan W. Klimek, P.F,., Director
Division of Water Quality
Attachment
cc: Mark Davis, Division 14, DF,O
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
,*
STA7Z
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 4, 2005
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
Hayes Road - SR 1373, Cherokee County.
State Project No. 14C.020031
Dear Ms. Pennock:
o?
?r °FN 1 2
?4N?SAR'WgT OJr
oSTC740 ry
R
LYNDO TIPPETT
SECRr,rARY
'051534
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade and pave SR
1373, Hayes Road, in Cherokee County. This proposal entails widening and paving the existing gravel
road to a standard 18-foot roadway. The proposed improvements of Hayes Road have been identified as
necessary maintenance and safety improvements. Funds have been allocated for this project, and
NCDOT would like to perform these activities as soon as permits are obtained.
I am sending a straight-line diagram with construction limits along this project. In addition, I am sending
a typical section of the road, cross section drawing for pipe culvert replacement as well as a marked
county map and USGS quad map. We propose to install the new culvert slightly below the existing
streambed elevations where bedrock is not encountered to minimize impacts to wildlife habitats and allow
the existing stream gradients to remain as unchanged as is physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and endangered
species. There are no records of threatened or endangered species for the unnamed tributary.
Additionally, there are no records in the Valley River downstream to Hiwassee Lake. The unnamed
tributary is small and is not of sufficient size to provide habitat for fish or mussels. The impacts from the
pipe replacement will be very minimal. For these reasons, this project will have "no effect" on
threatened and 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
o..:j I '31
and erosion is being effectively controlled. If the planned devices are not functioning as intended, they
will be immediately replaced with better devices. The 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 an intermittent stream. The channel is composed of sand and gravel and lacks
vegetation. For these reasons, we believe this stream is under the jurisdiction of the U.S. Army Corps of
Engineers. In order to complete the above-mentioned improvements along Hayes Road in Cherokee
County, it will be necessary to impact waters of the United States in the Hiwassee River Basin.
Specifically, NCDOT is requesting to replace one metal culvert in an unnamed tributary to Valley River
(DWQ Class: C Tr). Listed below is a summary of the proposed impact. Note on the straight line that
there are two more culverts on site which have water passing through them but will not be replaced.
Station Existing Proposed Net Impacts Stream Class
Condition Condition Name
Site #1 25' X 18" Rock 30'X 24" CMP 5' UT to Valley River C Tr
11+85 culvert
Total Impacts: 5 feet
Permits Requested
NCDOT is hereby requesting authorization under NWP 14 and 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, North Carolina Wildlife Resources Commission (NCWRC) Western Mountain Region
Coordinator, to comment directly to you concerning the 404 Nationwide Permit Request.
Also, by copy of this letter, I am requesting authorization to proceed under Section 401 of the Clean
Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division
of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle, 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 [phone]. Your
early review and consideration will be greatly appreciated.
Sincerely,
Michael A. nes
County Maintenance Engineer
Copy: Mr. John Hennessy, DWQ, DEHNR ( 7 copies)
Mr. David McHenry, Western Mountain Coordinator, NCWRC
Mr. W.T. Grindstaff, District Maintenance Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. Mike Parker NCDOT Coordinator, DWQ, DEHNR
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Mr. J.B. Setzer, PE, Division Engineer, NCDOT
A
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 20 05 1 5 3-4
`,1 cmy Ndi uL;uiar item is not appncame to tnis project, please enter "Not Applicable" or "N/A".)
1. Processing
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: NWP-14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation (NCDOT)
Mailing Address: PO Box 1551
Andrews, NC 28901
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address:: mionesRdot.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: Michael A. Jones
Company Affiliation: County Maintenance Engineer
Mailing Address: (same as above)
Telephone Number:
E-mail Address:
Fax Number:
Pagel of 8
III. Project Information
Attach a vicinity mhp'. 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 snap
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: Haves Road, SR 1373
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.020031
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc. From Murphy, proceed North on
US 129/19/74 towards Tomatla for approximately 3.5 miles Turn left onto SR 1426
Tomatla Road and drive 0.7 miles to SR 1373 on left. Proceed 0.1 mile to project on the
d9hL
5. Site coordinates, if available (UTM or Lat/Long): 35.13741 W 83.98647 N
(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): <
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Valley River
8. River Basin: Hiwassee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.ear.state.ne.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: Residential
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Erosion control, drainage clearing and grubbing; stabilization base pave and stripe
Utilize backhoe, trackhoe, dozer, dump trucks and crew cab.
11. Explain the purpose of the proposed work: Construct road to current NCDOT secondary
road 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.
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.
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:
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination 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 ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )
Site 1 Culvert replaced 5 feet UT to Valley River 1' Intermittent

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows, USGS maps are available through the USGS at 1.800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin,
www.mapquest.coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 5 feet
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact

(acres) Name
(if applicable) Wat) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.)

List earn impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
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.
Erosion and siltation control measures and BMP's will be used during construction to avoid
environmental impacts.
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
sl,'cams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or 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/ncwetiands/stnngide.htm1.
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.
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): N/A
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
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) 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
X. 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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No E] 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
Gone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
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.
The existing compacted gravel roadway acts as an impervious surface Paving of the roadway
should eliminate sedimentation from tines associated with gavel surface treatment Stormwater
will be diverted through settlina, basins or grass lined buffers prior to entering 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.
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. 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/Agent6%Aignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
s ? RAlt a?
y r
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 6, 2004
LYNDO TIPPETT
SECRETARY
SR 1373
Cherokee County
MEMORANDUM TO: T. L. Greene
Division Right of Way Agent
FROM: B. C. Burch, P. E.
District Engineer ll
SUBJECT: Right of Way Acquisition
Hayes Road - SR 1373
Please find attached a Revised straight-line diagram, pole data sheet and marked county
map concerning the subject road. I am requesting your office secure a forty five (45) foot right of
way for this proposed improvement.
This road is to be paved and improved should right of way and funding be available. The
work order for Right of Way Acquisition and Preliminary Engineering is 14C.02003 I for this
project.
If you have any questions, please advise.
BCB/rr
Attachment
cc: Mr. Conrad Burrell, Board of Transportation Member
Mr. J. B. Setzer, P. E., Division Engineer
Andrews District Office
191 Robbinsville Road, Andrews, N. C. 28901
Phone: [phone] Fax: [phone]
cr-
o" Oz
r
- 0
a ar
0 H
. ti
LL rr.
v? I I,) 0 1? ?-? y
L U L UI
lie
------------
.1 A ,a
7J
. °r If
r;' s
LLJ e
? ra a
M , !
0 V,)
j
1
ll? Q 9L rrJ ( ; i--,
slrrontuHtrcur\tt
COUNTY:
ROAD NAME: HAYES
ROAD NO. 1373
WORK ORDER NO. 140.020031
FROM: INTERSECTION Or SR - 1373 & 1422 STA. 0+00
TO: CL OLD US 19 STA. 20+21 E.O.P.
ADDITION.
IMPROVEMENT.
YES NO X
YES X NO
TO BE PAVED: YES X NO
GUY WIRES 0
POWER POLES TO MOVE: 1 YES x No
CABLE BOXES GUY WIRES 0
TELEPHONE POLES TO MOVE: YES X No
RIGHT OF WAY WIDTH. 4 5 '
SCALE: lit = 50'
DATE: 08-06-04
DESIGN ADT : 434
CIL
1 112: 1 slope
or flatter 1 9'
6' I
SHLD. j
/- ----------------I---------•-
CHEROKEE (REVISED()

j 1:1 slope
j or flatter
9' 4' I > i
I SHLD. I 3'
[)ITCH j
I '
----- ------- i -
p?rpEs
PROJECT NO. SR-1373 FLOW ROAD NAME: HAYES
STATION SIZE LT. RT. REMARKS
2+00 ----- -? ADD 18" CMP
11+85 ROCK CUL. '-pop REPLACE W/ 18" CMP
19+65 15" -REPLACE W/ 18" CMP

i

t

P0 L E L) ATA
PROJECT HAYES RD SR-1373 COUNTY CHEROKEE S H E ET, i
OWNER OF POLES NANTAIIAI,A POWER & LIGHT
Q. No, 6.912116

STATION
POLE
N0. DIST FROM 0_
PRESENT RD,
RT. LT. DIST. FROM
PROJECT-
RT. LT, (L DIST. CL PROJ.
AFTER MOVING REMARKS
RT. LT.
12+50 1506/1 1 12' 10' 25' MOVE POLE 25' RT NEW CL

P 0 L E
PROJECT HAYES RD SR-1373
OWNER OF POLES GTE
..?0 N 0 6 91 21 1 6
LATA
COUNTY C11P.R0KEE SHEETlc

STATION
POLE
NO. DIST FROM CL
.PRESENT RD,
RT. LT. DIST, FROM CL
PROJECT-
RT. LT. DIST. CL PROJ.
AFTER MOVING
RT. LT.
REMARKS
1+02 15' 16' 25' HOVE POLE 25' RT NEW CL

4+57 11' 11' 25' HOVE POLE 25' RT NEW CL
6+29 ' 131 251 MOVE POLE ' R NEW CL
8+09 14' 16' 25' HOVE POLE 25' RT NEW CL
A? I

I
415'
-R 1 .V--;
j•50
I
I ?
.

4.00 I
I
I
- I -
I

•
co
I
I

FRED KEENER
''s° ?•s? RT. 1

I MARBLE, N.C. 28905
1
I (3)

NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION I
I
(2)
]•S I

TOMOTLA COMMUNITY CENTER
TOMOTLA BAPTIST & MBTMODIST
CHURCH
- - -t RT. 1
N
C
28905
MARBLE
ADD 18" CMP .
.
,
LT TO RT

I
I (1)
1•A _ I_
I
I 1•A

1.00 I
1
I_
I
I

1.00

0.50 I
I

I

0-50
1
415' ,
R lV-.
BEGIN PROJECT STATION 0+04?4`0 0 - 1- <>4,000 INTERSECTION OF 1373 & 1422
-1Or00 - I- 10+00.
1
!? I I V
9.W
I
I
I
I
9-00 I 9.00
I
I
I
I
e'',? e•so
NORTH CAROLINA DEPARTMENT i
OF TRANSPORTATION I
(2)
I
e•?? _ I_ e•cv
I
I
BRIDGE 0203 - - (::::,7+75
?;lug
I
I
I
I
I
I
I
I
I
I
6'M I_ 6-00
I
I
I
I
S''•? _ I_ S - :A
I
1 I i'
R I lt?
T+!)?Y I T{n0
S 11245.2
LEROY RAY
RAY'S HOME IMPROVEMENT CO.
WEST ASHEVILLE, N.C. 28802
(4)
FRED KEENER
RT.1
MARBLE, N.C. 28905
(3)
(2)
I
- -r, l tv-
I
I
I
I
14.00 I _ 14,00
I
I
I
IJ•50 I3•so
I
I
13
r
IJ•00 I 11.00
- I-
I
I
I
17•_50 I 17•_`O
-115'
....
_RItv
I
I
I
11.00 _
I
I
II.50 11.50
I
I
I
I
11.00 1 _ 11.00
_ I
I
I
I
10.50 1 10-_50
- i-
I
---R I w
i
Z0+00 ( Z
REDUCE R/W TO 18' FROM
14+80 TO 15+20 ON RT.
14'_50 FOR STORAGE BUILDING.
MARY FARMER HUGHES
588 HAYES RD.
MARBLE, N.C. 28905
(5)
+21
SITE ## 1
17.00
EXIST. ROCK CULVERT
i--?i REPLACE W/18" CMP
STA. 11+85
LEROY RAY
RAY'S HOME IMPROVEMENT CO.
WEST ASHEVILLE, N.C. 28802
(4)
0+00
NOTE: REDUCE R/W FROM
18+60 TO 19+00 TO 18'
FOR 32' x 24' SHOP
GORDON P. HALL.
1265 TOMOTLA RD.
MARBLE, N.C. 28905
(6)
(2)
Gv*vv I
I
4 I S'
" T2 W
` ?vTvv

EMP R.
44
ST
I 19,50

19.00 I
I

I
I

19-00

18.50 I
I

I
I

19-50

1800 I
I
I _
I
I

18.00

17.50 I
I
_ I

17.50
415-

I lV
R
I

17.00 I
1 _
I
17.00

_16+.80 . I

I
16 50
I
I 16.50

16-00 I
I
I
I
I

16-00

15-50 I
I

I

15.50
I
41S
RIW
zsfoo I zs+oo
EPLACE W/18" CMP
A. 19+65
(5)
1
1 5'
W i
R
I
24-50 24-50
24.00 1 2/-00
2)-50 1
- 1- 27-50
2],00 I _ 21-00
22.50 22•:0
415-

_.1...?
R W
1

22.00 1
1 _
(
I
22.00

21.50 I
1
1
-I
I

21•:0

21-00 I
I
1 _
1
I
1

21.00
20.50 _ 20.50
OLD US 19 STA. 20+2 E.O.P. E.O.P.
_
415'

_.RIW....
(6) 20+00 1 20+00
s
A. 20+21 OLD US 19
(5)
-DESCRIPTION
S Yillf 3 0L
7USTING FENCE:
PROPOSED ROAD: ?EE?
EXISTING ROAD: }
RAILROAD: :-:>
CONTROL OF ACCESS LINE-------
SLOPE STAKE LINE: ?
BRIDGE: }
CONCRETE CULVERT: E--
CLIP PIPE CULVERT
WOODS:
OR + +
----------------------- ---------
- - - - - - - - - - - - - - - - - - - - - - - -
---------------------- - -
- - - -- - • --------- ? -----------
--------------------
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- lw
- - . - - - - - • - • - - - - - - - - - - - - - - - - - - - -J
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

TELEPHONE OR TELEGRAPH POLE
TOWER POLE LINE:
POWER POLE:

R
1'9 OR
0
-. ?_ .. _ .
?- EXISTING: -a- - PROPOSED:--O-
EX'ISTING': 1 PROPOSED:
- ------------- -------------------
EASENIENT LINE:
GUARD RAIL:
SANITARY SEWER LINE
WATER LINE:
GAS LINE:
BRUSH BARRIER
} ---------------' -----------I' -----
?- -? .S. - - - - _
S S.S. r
--------------------------------
---------------------------------
-? --•-------•----------------------
-
--- ------ ------------------
EXISTING CHANNEL : -? ?_ `_ r _ _- = r
PROPOSED CHANNEL CHANGE:
FIBER GLASS ROVING: '?" --------_ _--FG R ----------_-_
ECDS•STR.
STD. NO. I DESCRIPTION:
EROSION CONTROL
DETAILS & SPECIFICATIONS
SYMBOL:
PG. NO.
.245.03 TEMP. SILT DITCH TSD V1-2
• - - - - - - - - - - - -- T -- -
245.05 TEMPORARY
DIVERSION -? TD -? 4
893,01 TEMP.SILT FENCE III I VI.6
-- - - - - - - - - - - - - - - - - - - - - - - - - - - -
890.05 TEMP. SLOPE DRAIN ?- ?- VI 8
WITH EARTH BERM
245.02 - -
SILT BASIN V1-12
TYPE-B
-- - - - - - - - - - - - - - - - - - - - - - - - - - - -
895.10 TEMP. ROCK SILT CHECK VI 16
I TYPE-B
892.02 - TEMPORARY VI 20
ROCK SEDIMENT DANI
TYPE-B
:D
897.01 - - - - -
ROCK PIPE INLET - - - - V1-22
PROTECTION
.?._--------- n-----------
894.01 VI-24
ROCK SILT SCREEN
-- - - - - - - - - - - - - - - - - - - - - - -
1192
? I
1))L
C N k? E CD. - .\?o? ,
1 I w Ta...oNo a 1(
/ I.
\' LS11 ? U11
L2] 112
B © .? 5
112)
J ) ' >
a? h
1123
RIVER
E?
1W
-_-- - - )121. ?? n4
h
- '? ? uz4
L r. A.. l o
t•Vd ' 11!
i
I 1)K
Ilk
t? Im
a
I

122E 'S- J ?''

\ ?: 1Li
~ 1111
i;; L!u ,

uu O

u 1 MURPHY
.2,070
?

ti<f
Q
r 1)21
r /y 7
A. 1
,
',,? 'I'p Y• ?- _ 111)
%:i
Q E ?S
O
1114
Ila
p. P4S
SSE
/ ? +u? 11)1:+ ? \ ? f
f
7•?
-jj
-1--- --------------- --
5A MAT01 UNE
MURPHY
y e .. f? IGP 'lax .'.
3694
0 a z ? wi ?? t- '??
3x93
o Culvert Site
a, 1426
P• '
157q O
QaG?Na d
0 r'
3892 • I o tla
o "L
• _ ` ! y,Y • \' ? ?, i.-tipsy ! r
300
T
Ic U"
(( . ?7
M91
30"+d
8L? b 00' MURPHY 3 MI. 228 10,000 FEET 229
Name: MARBLE Location: 035° 08'30.53" N 083° 58'59.87" W
Date: 8/4/2005 Caption: SR 1373, Hayes Road, Cherokee Co.
Scale: 1 inch equals 1333 feet
COUNTY: CHEROKEE _ GF'S
SR.,TO.. _ R-1373
RD. NAME:_HAYES RD--,- o
35 08 29 N.
PIPE STA. 11+Fi5 -
SITE No. 1 o ' " W.
___$ 3 5 9 01
OLD CL NEW CL
-
NpRT? ?
! I SILT FENCE
CHECK DAMS AS REQ- ? i &
ROCK BERM

2'VERT
I
ROCK ENDWALL
SEDIMENT DAM
l
I
15
CMP. ? 4' VERT. ENDWALL
i
s?
5' 13R.
? I
ROCK t 4,)
SEDIMENT DAM
BR.
is !
RAILROAD----A),
!
SILT
FENCE
&
! ROCK BERM

CHECK DAMS I ?
AS REQ.

- - - - - - - -?. - - - -I- _ I_ . . - - -? - - - - - - - - - - -

_
_.t._ - l io

1- n

T

T

N

-

'
41
-
_ - - - - - - - - - - _ _ - - _-I- _ _ _ .. _ - _I_ __ .__ - _ - _ -_ _ _ _ __ _- ? - -

= = - = =i= = = = = = = = ==r- == = -= = = = =r- = = = == == = =i-- - - - -
I "
4
N
N
U
7?
04
CC3
SIN
M
M

`V
4-j
O
N