20080274 Ver 1_More Info Letter_20080303

MEMORANDUM Federal Highway Administration
Eastern Federal Lands Highway Division
DATE: March 3, 2008
TO: North Carolina Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
FROM: Eric B. Beightel
Environmental Protection Specialist
FHWA-EFLHD
21400 Ridgetop Circle
Sterling, VA 20166
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RE: Re-submittal of fees for Water Quality Certification Review, Project
NC PFH-101-1(1)
To Whom It May Concern -
The Federal Highway Administration previously submitted an application fora 401 Water
Quality Certification for a bridge replacement project over Panther Creek within the
Nantahala National Forest in Graham County, North Carolina. The check which
accompanied that application was for the amount of $200 and was subsequently returned
by your office for being insufficient to cover the fees associated with a 401 Certification.
Please find enclosed with this transmittal, check #1029 in the amount of $240.00 for the 401
Water Quality Certification fees.
If you have any questions, please call me at 703-404-6333.
Sincerely,
Eric B. Beightel

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U.S. Department
of Transportation
Federal Highway
Administration
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Eastern Federal Lands 21400 Ridgetop Circle
Highway Division Sterling, VA 20166-6511
~E~ .~ ~ In Reply Refer to: HFPP-15
Subject: Project NC PFH-101-1(1) Replacement of SR 1233 Bridge (#99) over
Panther Creek
Request for 401 Water Quality Certification
To Whom It May Concern:
In cooperation with the United States Forest Service, the Eastern Federal Lands Highway
Division, of the Federal Highway Administration (FHWA), has prepared plans for the
replacement of the bridge across Panther Creek along NC SR 1233. The existing bridge is
structurally and functionally obsolete. The project is located within the Nantahala National
Forest in Graham County.
The project, as proposed, will replace the existing bridge structure with a single span bridge with
10 foot travel lanes and 2 foot shoulders on each side. Additionally, the alignment of the bridge
will be altered to increase sight distance and improve safety. Construction will disturb a total of
0.41 acres. Work on bridge abutments will require the construction of diversion berms within
Panther Creek.
FHWA requests a 401 Water Quality Certification for the proposed construction activity.
Enclosed with this notice, please find 7 complete PCN packets with supporting information for
your review as well as a check in the amount of $200. Due to the sensitive Trout Stream
classification of Panther Creek and the work to be performed, FHWA is initiating coordination
with the North Carolina Wildlife Resources Commission. Appropriate BMPs for the sensitive
resources have been designed to minimize the impact of the work designed. FHWA is also
initiating coordination with the United States Army Corps of Engineers and the North Carolina
Division of Land Resources.
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If you have any questions or concerns regarding this project, please contact Mr. Eric B. Beightel,
Environmental Protection Specialist, at 703-404-6333. Please respond to this request within 30
days.
Sincerely,
Kevin S. Rose
Environmental Team Leader
Enclosures
cc:
Ms. Lynn Hicks, USFS, Asheville, NC

Application Fees
Applications received as of September 1, 2007 are subject to the following fee schedule:
Scale of impacts to wetlands", waters* and streams** New Fee Schedule Effective
September 1, 2007
~_.,~ _..__..~~n_~~ .,_,~ ..__~.~._~_~_.__~~_~. ~..~. ~~~_ _.___ __...__.. ._ __~n~....._.~
'Major water quality applications: Greater than or equal ,
to one acre of wetlands/waters AND/OR Greater than or ~ $570.00
equal to 150 feet of streams (whether intermittent or
inor water quality applications: Less than one acre of
~tlands/waters AND Less than 150 feet of streams $240.00
Whether intermittent or perennial)
Includes all wetlands and waters identified as Waters of the State, including 404 Wetlands,
Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered
by the State of North Carolina.
** Includes all streams claimed by the State of North Carolina. US Army Corps of Engineers
stream categories such as important/unimportant, or Relatively Permanent Waters are not
relevant to this issue.
*** The legislation refers to "major" and "minor" applications. These artificial categories refer to
combined impacts, and have no relationship whatsoever to the actual types of
401Certifications and Isolated Wetlands Permits (Individual and General). Fees are based
strictly on the scope of impact, not on the type of authorization requested. If you apply for a
401 Certification and an Isolated Wetlands Permit on a single project, the impacts are added
to determine the total application fee.
Checks should be made out to "N.C. Division of Water Quality."
Additional Provisions:
• All applications must be accompanied by a check for the required amount. Payment must
be made in full. No applicants or projects are exempt from the fee requirement, but for
designated Emergency Watershed Protection projects.
• If payment is not included with a request for a Certification or Permit, the application will
be returned to the applicant as incomplete.
• If the correct payment is not included with an Individual 404/401 or a CAMA Permit
Application, a project file will be created, but the applicant will receive a letter informing
them that the project will not be processed until the full payment is provided.
Changes to an existing 401 Water Quality Certification or Isolated Wetlands Permit
require a modified Certification/Permit by DWQ. A fee is required with each issuance.
• Due to the requirement for fee payment for each request, applicants are advised to
include as many project details and phases as possible in the initial application.
• If a project requires a CAMA permit and its associated fee, a separate payment for the
401 Certification is not required; rather, the Division of Coastal Management administers
the fee for both the CAMA Permit and 401 Certification/Isolated Wetlands Permit.
• No refunds will be issued for denied, modified or withdrawn certification requests. If
DWQ or the Corps of Engineers retires a project due to insufficient or inaccurate
information, no refunds will be issued.

• Nationwide Permits or General Isolated Wetland Permits for minor wetland impacts or
those without wetland or stream fill that do not require written approval of the 401 Water
Quality Certification or Isolated Wetlands Permit do not require payment of the fee. If an
applicant still chooses to submit an application in order to have written approval to file
with their project records, then the fee payment is required if wetland or stream fill is
involved.
• Receipts for fees will only be sent upon written request.
• Stream impact will be a length rather than an area in all cases regardless of Individual
versus Nationwide permit status or significant versus insignificant channel. This has been
DWQ's policy since February 1997 but recently some confusion has developed with
some applicants.
Please call Cyndi Karoly at [phone] if you have any questions about Certification fees or
the stream length versus area.