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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
December 27, 2006
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY
Ogj967
Subject: Nationwide 14 and NW 33 Permit Application
SR 1510 -Ray Best Road
Haywood County
State Project No. 140.044072 (DWQ Minor Permit Fee S200)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade,
and pave SR 1510, Ray Best Road, in Haywood County from SR 1509 for a distance of 1,600
feet to the end of the project. This proposal entails widening and paving the existing gravel
road to a standard 18-foot roadway. The proposed improvements of SR 1 ~ 10 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 2007-08
paving season.
I am sending astraight-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 threatened and endangered species for the
unnamed tributary to Rogers Cove Creek. Additionally, there are no records listed for the
entire Crabtree Creek watershed. These proposed culvert replacements and extensions are on
small (1-foot wide) tributaries that are not of sufficient size to support mussels and are not
likely to provide fish habitat. The impacts from two culvert replacements will be very
minimal. For these reasons, we believe 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 tributaries to Rogers Cove Creek are small and are not shown on USGS
topographic maps. These spring seeps appear to have perennial flow. The channels are
defined and lack vegetation. The substrate is silt and sand. For these reasons, we believe
these streams are 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 French Broad River Basin.
Specifically, NCDOT is requesting to extend/replace two metal culverts in unnamed
tributaries to Rogers Cove Creek (DWQ Class C) and to place temporary impervious dikes in
the stream above the pipes to de-water the channel through the work area. Listed below is a
summary of the proposed impacts.
Site No.
Station Existing
Condition Proposed Condition Net Impacts
Site 1 1+78 30' x 18" CMP 50' x 24" CMP c:V 20 if replacement
Site lA 1+78 Open Channel Temporary Dike w/ Sandbags 15 ft ~
Site lA Flowing Channel De-watered Channel 100 if
Site 2 14+53 30' x 24" CMP 44' x 24" CMP ,~ ~ 141f extension
Site 2A 14+53 Open Channel Temporary Dike w/ Sandbags ~ 15 ft
Site 2A Flowing Channel Temporary De-watered Channel i 100 if ~
Total Permanent Impacts 34 linear feet
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 this 404 Nationwide Permit
request.
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 asking Mr. Ed Ingle, Roadside
Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning
this project.
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.
Sin rely,
onathan L. Woodard, P.E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven 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
Mr. B. T. Williams, P.E., County Maintenance Engineer, NCDOT
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Office Use Only' Form Version March OS
USACE Action ID No. DWQ No. 2 0 0 6 1 9 6 7
(If any particular item is not apphcabte to ttus project, please enter ivot t~ppiicaoic ~~ ~~~t, .~
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: I~~V 14 and NW 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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
Mailing Address: 345 Toot Hollow Road
Bryson City NC 28713
Attn • J L Woodard PE District Engineer
Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518
E-mail Address: jwoodardna 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
E-mail Address: N/A
Fax I~Tumber: N/A
Page 1 of 9
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: Widen grade drain and pave SR 1510 Ray Best Road in Haywood
2. T.LP. Project Number or State Project Number (NCDOT Only): 1-IC.044072
3. Property Identification Number (Tax PIN)
N/A
4. Location
County: Haywood Nearest Town: Clyde
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
From Clyde take NC 209 North to SR 1503. Turn right and follow SR 1503 to SR 1509.
Turn right on SR 1509 and follow to SR 110. Turn rieht on SR 1510. This is the project.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): Coordinates attached on last age.
6. Property size (acres)
0.95
7. Name of nearest receiving body of water: Unnamed Tributary to Rogers Cove Creek (DWQ
Class C)
8. River Basin: French Broad River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~://h2o.enr.state.nc.us/admin/ma^s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Woodlands and area is residential
Page 2 of 9
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, sandbags, pumps and diversion ape.
11. Explain the purpose of the proposed work: To pave, widen the shoulders, and improve the
alignment of SR 1510 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 USAGE 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.LP. project, along with
construction schedules.
No previous permits for this project.
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/'bVaters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and «~aters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3 of 9
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: T~vo culverts will be replaced
and/or extended to provide the necessary width for road construction. Impervious dikes will
be placed across the streams. Water will be pumped around the culvert work site Enemy
will be dissipated at the outlet to prevent erosion from the high-pressure water.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditchingr'drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no Distance to
Nearest
Stream
(linear feet) Area of ',
Impact
(acres)
N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multiply leneth X width. then divide by 43S(~
Stream Impact Perennial Average
Impact
Area of
Number
Stream Name
Type of Impact or Stream Vl'idth
Length
Impact
(indicate on map) Intermittent Before (linear feet) (acres)
~ I act
1 @ Station 1+78 UT Rogers Cove Ck Culvert Extension P 1 20 0.00046
lA @ Station 1+78 UT Rogers Cove Ck Temporary
Impervious Dike p 3 (Dikes 5 0.00034
lA @ Station 1+78 UT Rogers Cove Ck De-watered
Channel p 1 100 N/A
2 @ Station 14+53 UT Rogers Cove Ck Culvert Extension P 1 14 0.00032
2A chi Station 14+53 UT Rogers Cove Ck Temporary
Impervious Dike p 3 (Dikes ~ 0.00034
2A @ Station 14+53 UT Rogers Cove Ck De-watered p 1 100 N/A
channel
Total Stream Impact (by length and acreage) 34 0.00078
Total Temporary Impacts for De-watering and Impervious Dikes Respectively 200 0.00068
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging. flooding. drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres
N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): .00078
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) .00078
Total Stream Impact (linear feet): Permanent 34
Total De-watering Impact (linear feet) Temporary 200
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
No known isolated waters
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: 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 dra~t~ings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 5 of 9
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were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The road is being widened only the minimum amount required to brim up to secondary road
~ecifications.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams: and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.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
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
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 6 of 9
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): 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 (required by D~'Q)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feetl Mitigation
1 I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel: Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
J
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Stormwater will be diverted through settling basins or g-ass lined buffers prior to entering
streams. (See erosion control plan).
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? I'es ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
road is a short dead end rural road. Currently this area is single family residential The road is
bein.~ upgraded only to minimum secondary standards• thus it is not likely that development
would change significantly due to road improvements
Page 8 of 9
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/Agent's Signature Date
( gent's signature is valid only if an authorization letter from the applicant is pro~~ided.)
Page 9 of 10
SITE COORDINATES
Site #1
35.5976° N 82.8979° W
Site #2
35.5934° N 82.8994° W
Page 10 of 10
SITE
STA.
BRANCH SIZE
EXIST.
PROP.
SKEW
•1
1.78
1' WX2' D
30' X 18' CMP
50' X 24' CMP
85'
EXIST PROP.
CL CL
HAYW000 CO.
SR 1510
RAY BEST RD.
N
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1 " = 28'
T.B.M. ELEV. 100.0
NAIL IN 36' OAK
24' LT. STA. 1.75
EXISTING GRADE- 7.0%
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EDGET PROP. EDGET PROP.
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SITE
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BRANCH SIZE
EXIST.
PROP.
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