20040182 Ver 1_Application_20040206

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTA';i iorv
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GoVERNOR
January 24, 2004
Mr. Steve Lund, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville. NC 28801-2714
Subject: Nationwide 14 Permit Application
SR 1104 - Mulberry Road
LYNDO TIPPETT
SLCRE'TARY
WETLANDS 1401 GROUP
FFQ 0 6 2004
WATER QUACI1y SECT
IaN
Macon County
State Project No. 14C.056085 (DWQ Minor Permit Fee $200)
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) is proposing to widen.
grade, and pave SR 1104, Mulberry Road, in Macon County. This proposal entails
widening and paving the existing gravel road to a standard 18-foot roadway. The
proposed improvements of SR 1 104 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 2004 paving season.
I am sending a straight-line diagram with the proposed erosion control and construction
limits along this project. In addition, I am sending a typical section of the road. cross
sections. drawings for pipe culvert replacements as well as a marked county map and
USGS quad map. We propose to install the new culverts slightly below the existing
streambed elevations where bedrock is not encountered to minimize impacts to aquatic
habitats and allow the existing stream gradients to remain as unchanged as physically
possible. No threatened or endangered species are known to be present in or near the
project area; therefore, no significant impacts are anticipated from project construction.
The State Historic Preservation Office (SHPO) and the Office of State Archaeology have
determined that this construction will not adversely affect areas of importance and
therefore further investigations are not required.
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
; are not functioning as intended, they will be immediately replaced with
better devices.
Andrews District Office
191 Robbinsville Road, Andrews, N. C. 28901
Phone: [phone] Fax: [phone]
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impacts to Waters of the United States
In order to construct the project in accordance with our current secondary road standards,
"' .. _ssary to impact waters of the United States in the Little Tennessee River
Basin. Specifically, NCDOT is requesting to extend/replace metal culverts in tributaries
to Barkers Creek (DWQ Class C Tr) and Commissioner Creek(DWQ Class C Tr). Listed
below is a summary of the proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 34' x 15" CMP 50' x 18" CMP 16' extension
35+30
Site 2 26' x 18" CMP 50' x 24" CMP 24' extension
40+65
Site 3 30' x 18" CMP 50' x 24" CMP 20' extension
54+03
Site 4 30' x 18" CMP 40' x 18" CMP 10' extension
59+15
Site 5 30' x 18" CMP 40' x 24" CMP 10' extension
60+49
Site 6 24' x 60" CMP Bridge - 24'
78+05
Site 7 26' x 36'' CMP 50' x 36" CMP 24' extension
106+70
80 linear feet total
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to
proceed with the construction project outlined above. By copy of this letter, I am asking
Ms. Marla Chambers, Highway Projects Coordinator, of the North Carolina Wildlife
Resources Commission (NCWRC) to comment directly to you concerning the 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. Anderson and
Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 321-
4105. Your early review and consideration will be greatly appreciated.
Sincerely, '
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Wesley Grindstaff
County Maintenance Engineer
cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Ms. Marla Chambers, Highway Projects Coordinator, NCWRC
Mr. Richard Phillips, PE, Regional Engineer, LQS, DENR
Mr. R.G. Watson, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality
Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1104, Mulberry Road, Macon County
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NCDOT Division 14, District III
Prepared by: Wesley T. Grindstaff
County Maintenance Engineer
Clay and Macon Counties
Page 1
Office Use Only: Form Version October 2001
??. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. 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
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required. check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? N/A
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation (NCDOT)
Mailing Address: 191 Robbinsville Road
Andrews. NC 28901
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address: wt rindstaff(&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: Wesley T. Grindstaff
Company Affiliation: County Maintenance Engineer
Mailing Address: (same as above)
Telephone Number: Fax Number:
E-mail Address:
Page 2
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: Mulberry Road, SR 1104
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.Q56085
3. Property Identification Number (Tax PIN): N/A
4. Location
County:
Macon Nearest Town: Franklin
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Franklin. take US 441
South for approximately 12 miles. Turn right onto SR 1104. Mulberry Road. Continue on
Mulberry Road to end of pavement.
5. Site coordinates, if available (UTM or Lat/Long): see attached site drawings
(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:
forest, pasture light residential
7. Property size (acres): 11.88 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Barkers Creek & Commissioner
Creek
9. River Basin: Little Tennessee
(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 3
10. Describe the purpose of the proposed work: Construct road to current NCDOT secondary
road standards
11. List the type of equipment to be used to construct the project: trackhoe, backhoe, dozer
loader, grader, dump trucks
12. Describe the land use in the vicinity of this project: forest, pasture, residential
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.
Action ID 199503740 - August 1. 1995
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:
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
Page 4
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. Wetland Impacts No 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***

* list each impact separately and identify 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
oved local floodplain maps. Maps are available through the 1717-MA Map Service Center at 1-800-358-9616, or
online at http://??ww.tcma.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, heaver pond.
Carolina Bay. bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Lenoth of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
Site # 1 Culvert 16 feet UT of Barkers Cr I' P
Site '-''2 Culvert 24 feet UT of Barkers Cr 1.5 P
Site #3 Culvert 20 feet UT of Barkers Cr 1.5 ` P
Site #4 Culvert 10 feet UT of Barkers Cr 1' I
Site r,.5 Culvert 10 feet UT of Barkers Cr 2' P
Site #6 Bridge -24 feet Commissioner Creek 8' P
Site 97 Culvert 24 feet UT of Commissioner 3' P
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/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 LIT (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
wwvv.uses.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com.
w\vw.mapyuest.com, etc.).
Lumuiauve impacts (linear distance in feet) to all streams on site: 80 linear feet
Page 5
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. No open water impacts
Open Water Impact
Site Number

(indicate on ma)
Type of Impact* Area of
Impact

(acres)
it Name applicable) Wat

( Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

Lisa each impact 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.):
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.
Minimal lengths of pipe were used to achieve the minimum design widths for secondary
Roadways in NC. The 60" culvert currently in Commissioner Creek is proposed to be
removed and replaced with a bridge structure.
VIII. Mitigation N/A
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
Page 6
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
: i'i? ^:, ^ , 11 roposed. 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.ertr.state.nc.us/ncwetlands/striiigide.litm1.
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 Wetlands Restoration
Program (NCWRP) ,vith the NCWRP's written a<ureement. 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 http:;i112o.enr.state.nc.Lis/wrp/index.htni. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: N/A
Amount of stream mitigation requested (linear feet):.
t of buffer mitigation requested (square feet):
nnze 7
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IX.
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
/-,mount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/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 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 (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
(Neuse), 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:
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
I 3
2 1.5
Total
Lone i extends out 3U teet perpendicular trom near bank of channel; Lone 2 extends an
additional 20 feet from the edge of "Zone I.
Page 8
?,.. ,;,iubation is required, piease 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
d":1tifi2d within 15A NCAC 2B .0242 or .0260.
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.
The existing compacted gravel roadway acts as an impervious surface. Paving of the roadwav
should eliminate sedimentation from fines associated with gravel surface treatment. The
roadway surface will be approximately 40% of the right-of-way area. Stormwater will be
diverted through settling basins lined with filtering stone or grass lined buffers prior to entering
streams. (See erosion control plan).
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
XII1. 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
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
Lo 113L 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).
Page 9
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Weslev T. Grind
Applicant/Agent's Signature " Date
(Agent's signature is valid only if an authori i etter from the applicant is provided.)
Page 10
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SR. NO.. 1104
RD. NAME:` MULBERRY 83
PIPE STA. 59+15
SITE No. 4

-17
60+15
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59+15 1 ICL
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RIP RAP ?
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HEADWALL
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SPACED AS
REQUIRED
° 25 I 56 I` N.

MAG.
NORTH

ILT FENCE
&
ROCK BERM

1' BRANCH
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ENDWALL
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SITE # 5 STA. 60+49
NEW
CHECK DAMS OLD
I SPACED_AS REQUIRED CL MAG. NORTH
ti
SILT BASIN ?1Q? \
TYPE B C?
-1-2-'x3,-'-x2'- \ _ - -_
CIiECK DAMS
-? SPACED AS REQUIRED
RIP RAP - -"- ---
HEAD WALT, f°t
S?r ?
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RIP RAP END WALL
CHECK DAMS
SPACED AS REQUIRED
TEMPORARY SILT FENCE /
& --ROCK BURM I
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C R I I I A
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r,v. nAG: MULBERRY
PIPE STA-. 78+05
SITE No. 6
bJ o 25 ' 27 N.
OLD NEW
MA G. CL CL
1 '
8'
BRANCH
2,1
RIP RAP
HEADWALL 24 x O
I 6,1 I
SILT °ASIN
TYPE B
12'x 3' x2' I I ??
rr?CEDDASS r-?r
REQUIRED
',
SILT FENCE
ROCK BERM
j RIP RAP ENDWALL I
Li? ILT FENCE I
S
i O CK BERM
1
REPLACE EExis-riPA cA Gu.L. YER-T WSTN 034ivcle
No GUt,vErLT EX'T??1Sicrl oR fLeptACEme;A-r 1" pg.0poSrp
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RD. NAME: MULBERY
PIPE STA. 106 + 70
SITE No. #7
o ^
35 13 1 N .

o W.
83 25 03
N?9T
ti
CHECK DAMS
AS RE .
SILT BASIN
TYPE B
12'X3'X2'
3"C3.
4
RIP RAP
CL
SILT FENCE
ROCK BERMS
HEAD WALL ?' 36
26, ,
C?jp
SILT BASIN RIP RAP
TYPE B END WALL
12'x3'x2' ' 1
t I 3" BR.
I
CHECK DAMS SILT FENCE AS REQ. i ROCK6BERMS
T
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