20061940 Ver 1_Application_20061221

MICHAEL F. EASLEY
GOVERNOR
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STATE OF NORTFI CAROLINA
DEPARTMENT OF TRANSPORTATION
P. O. Box 25201, Raleigh, NC 27611-5202
PHONE: [phone]
December 15, 2006
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Rd, Suite 120
Raleigh, NC 27615
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LYNDO TIPPETT ~~~
SECRETARY cy
061940
Subject: Nationwide Permits #14 and #33
SR 1157 (Old Toe River Road)
Avery County, North Carolina
Project Number: 110.006008 (DWQ Permit Fee: $200)
Dear Mr. Thomas:
The NC Department of Transportation is scheduled to grade, drain, base and pave SR 1157, Old
Toe River Road in Avery County. The project begins at the end of pavement near station 22+25
and proceeds to the northwest for 0.47 miles. The roadway will be widened from 12 feet to 20
feet with impervious surface area increasing by 0.45 acres. This project will require the
replacement of one wet pipe as shown below:
Stream Impacts:

Station Number Ezisting
Structure Size Proposed Pipe
Size Riprap Impacts
feet Total Impacts at
this Station ft.
39+25* 30'x 24" 45'x 24" 10 25

Total Stream Im acts = 25 feet
* This pipe is currently perched due to slope and will remain perched after replacement with a
riprap energy dissipater pad placed in the stream channel under the pipe outlet.
The replacement of the existing pipe at station 39+25 will require temporary dewatering. An
impervious sandbag dike will be constructed approximately 20 feet upstream of the existing
culvert to create a small pool. Clean water will temporarily be pumped around the construction
area and will be discharged into a buffer area located approximately 90 feet downstream of the
sandbag dike. Any dirty water located inside the col~struction area will be pumped into a silt bag
P. O. BOX 250, N. WILKESBORO, NC 28659
PHONE [phone] Fax [phone]

ti Mr. John Thomas
SR 1157 (Old Toe River Road)
Page 2
December 15, ?006
if necessary. The dewatered area will total approximately 90 square feet or 0.002 acres. Once
the new structure is in place, the impervious dike will be removed and preconstruction streambed
elevations will be restored.
The wet pipe in question carries an unnamed tributary to the North Toe River (Class: WS-V,
Trout). This project was reviewed for the presence of threatened and endangered species on
December 5, 2006. This project will have no effect on any federally listed endangered plant or
animal species. Historic compliance work will be scheduled and concurrence with the State
Historic Preservation Office will be obtained if required.
The project impacts are minor in nature and should not remove or degrade existing water quality
uses. Pipe sizes used will be the minimum necessary to create a safe roadway. By utilizing the
erosion control measures outlined in the attachments to this application, downstream water
quality standards will be protected. All appropriate BMPs will be used during construction.
Attached is a Preconstruction Notification Form, plan sheets with proposed erosion control
measures, a marked county map, a marked topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Cazolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
By copy of this letter, I am forwarding seven (7) copies of this application package to John
Hennessy, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his review. It is
requested that any comments related to the 401 certification be forwazded directly to me with a
copy sent to the US Army Corps of Engineers.
We would like to begin construction as soon as possible. If further information is required, please
let me know. Your early review and consideration will be appreciated.
Sincerely,
;~~~ .~ ~
Ileath Slau hter ~~~
g
Division Environmental Officer
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessy, Division of Water Quality (7 copies)
Mike Parker, Division of Water Quality
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Jerry Combs, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Area Roadside Environmental Engineer

Office Use Only: Dorm Version April 2001
USACE Action ID No. DWQ No. 2 0 0 6 1 9 4 0
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
^ Section 10 Permit
® 401 Water Quality Certification
^ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW #14 & NVi' #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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P. O. Box 250 North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau liter ,dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Heath Slaughter. Division Environmental Officer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau hg ter(cr~,dot.state.nc.us
Page 3 of 12

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 1157, Old Toe River Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 110.006008
3. Property Identification Number (Tax PIN):
N/A
4. Location
County: Avery Nearest Town: Minneapolis
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): _ See attached SR map.
5. Site coordinates, if available (UTM or Lat/Long):_ DD: 36.09650 N. 81.97573 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): Approximately 3.2 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): UT to North Toe River (Class: WS-
9. River Basin: French Broad
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc us/admin/maps/.)
Page 4 of 12

10. Describe the purpose of the proposed work: Grade, drain, base and pave.
11. List the type of equipment to be used to construct the project: backhoe, trackhoe, motor
grader, dump trucks.
12. Describe the land use in the vicinity of this project: Residential/Forest
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.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12

1. Wetland Impacts
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***
N/A

* List each impact separately and identity temporary impacts. hnpacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year tloodplains 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 I-800-358-9616, or
online at http://~~ww.lema.~ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0 acres
Total area of wetland impact proposed: 0 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet
)
Stream Name** Average
Width of
Stream Before
Im act perennial or
Intermittent?

(Please specify)
39+25 Pipe replacement 15 UT to North Toe River I P

" L-st each -mpact separately and identity 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, aib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the lineaz footprint for both the original and reloe:ated 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 aze available through the USGS at 1-500-358-9616, or online at
wuw.us~s.aov. Several Internet sites also allow direct download and printing of USGS maps (e.g., ~+~~w.topozonc.cont,
~«~w.mapquesLcom, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 15 ln. ft. of new permanent impacts.
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba ,ocean, etc.
39+25 Riprap Pad 0.0004 UT to North Toe River Stream/Seep
39+25 Temporary Dewatering 0.002 UT to North Toe River Stream/Seep

* List each impacrt separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Stream impacts cannot be avoided since this is an existing road. By utilizins; the erosion control
measures as shown in the attached drawings, adverse impacts to streams in the azea will be
minimized. All appropriate BMPs will be used during construction.
Page 7 of 12

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
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide. html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at han://hzo.enr.statc.nc.us/~~rp/indc~.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (squaze feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
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 fmalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA fmal approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Page 9 of 12

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
s uare feet Multiplier Required
Miti ation
1 3
2 1.5
Total
Gone I extends out :iU ieet perpendicular from near bank of channel; Lone 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
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 (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious surface area will increase by 0.45 acres. All appropriate best mana ement practices
for sediment and erosion control will be implemented during construction.
XII. Sewage Disposal (DWQ Only)
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 (DWQ Only)
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
Page 10 of 12

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).
~%G
Applicant/Agent's Si~~~Gre Date
(Agent's signature is; ~(td only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-]616 Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
~~'ilson
Yadkin
*Croatan National Forest Only
Page 11 of 12

SR 1157 OLD TOE RIVER ROAD
AVERY COUNTY
0.~7 MILES

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Name: NEWLAND Location: 036.0954553° N 081.9745343° W
Date: 12/15/2006
Scale: 1 inch equals 1143 feet
GOpyn9ht (L) 199!3, nnaptecn, inc.

Top: Outlet view at station 39+25 on SR 1157, Avery.
Bottom: Upstream view at station 39+25.

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AVERY COUNTY SR 1157
OLD TOE RIVER ROAD
STATION NEW PIPE SIZE EXISTING PIPE
WET PIPE CREEK SIZE
34+75 45' x 18" 30' x 18" NO
39+25 45' x 24" 30' x 24" YES
44+10 45' x 24" 30' x 24" NO
DOES NOT INCLUDE DRIVEWAY PIPE

SR1157_ CALC SHEET
B.O.P. E.O.P. FOOTAGE MILES
PROJECT: 22+50 47+00 2450.0 0.46
* NO EMBANKMENT CONSTRUCTION
SURVEY STATIONS: LT./RT. FEET
22+50 to 47+00 LT. 2450.0
00+00 to 00+00 LT. 0.0
00+00 to 00+00 LT. 0.0
00+00 to 00+00 0.0
00+00 to 00+00 0.0
00+00 to 00+00 0.0
00+00 to 00+00 0.0
00+00 to 00+00 0.0
11!2/2006
2450.0 x ~ 15 ~ft = 36750.0 /43560SF
= 0.84 ACRES NOT DISTURBED
EMBANKMENT' CQNSTfiUCT10N`
PROJECT TOTAL AREA 2450.0 x 30 ft = 73500.0 /43560 SF
1.69 ACRES
*MINUS NO EMBANKMENT AREA - 0.84 ACRES NOT DISTURBED
TOTAL DISTURBED AREA = 0.85 ACRES DISTURBED
ACRES X REQ'STQFZA~E'' / BAStN>S1ZE _ # BASINS
0.85 x 1800 cu.ft. 1530.0 54 cu. ft. 28
TOTAL STORAGE REQUIRED 1530.0 cu.ft.
or 28.3 9x3x2 BASINS
TOTAL STORAGE ON PLANS 1944.0 cu.ft.
or 36 9x3x2 Temp. Silt Basin, Type-B
0 10x5x3 Temp. Rock Sediment Dam, Type-B
1 of 1

"°`~" ~CONSTI i i ~En~rER uvE
OAD: SR 1157 OLD TOE RIVER RD. F',ROPOSED R'w
AUNTY: AVERY ^/Ew EDGE PAVEh+ENr
- - - - Eh7SrING EDGE ROADWAY
YPE: WET PIPE SURVEY STA. 39+25
CALF: 1" _ lO' SHEET l OF l DATE: 9-14-04 i~ NEW PIPE
L - ~ E.risrivG PIPE
STREAM NAME: UNNAMED TRIBUTARY TO NORTH TOE RIVER ~ - ~
RATING: WS-V;TR.
l' AVERAGE STREAM WIDTH
ST A. 39+25
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WATER LINE
EXISTING PIPE SIZE: 30' x 24"
,NEW PIPE SIZE: 45' x 24" PIPE TO BE LAID ON ,4 100° SKEW WITH 5% FALL
NOTE: TEMPORARY EROSION CONTROL DEVICES NOT SHOWN.
SURVEY DATE: 9-14-04
CONDUCTED BY: GK,NR
DRAWN BY: JOSH M/NTON

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