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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
March 17, 2008
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers `~ V .
151 Patton Avenue, Room 208 05 ~~
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
US 64 Climbing Lanes
Jackson County
TIP No. R-2409B State Project No. WB5 Element 34428 (DWQ Minor
Permit Fee $240.00)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to realign and add a
climbing lane on US 64. The project begins 1.2 miles east of Cashiers and extends east for 2650
feet. The work is necessary to improve safety and reduce congestion associated with the current
two-lane US highway. This project is part of the Transportation Improvement Program. A 404
and 401 permit was issued for this project in early 2006 for a culvert extension (COE Action ID:
200630363 and DWQ Project No. 052212); however, these permits expired on March 18, 2007.
I am enclosing a PCN, a plan view, rock energy dissipator detail and photo for your review. In
addition, I am sending a plan view of the revised drainage for the road, as well as a USGS quad
map.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records for threatened or endangered species within the
watershed of the unnamed tributary of the Horsepasture River. Additionally, there are no records
of threatened and endangered species between the confluence of the unnamed tributary and the
Horsepasture River and Sapphire Lake. The unnamed tributary originates within a few feet of
the culvert inlet and does not have sufficient flow to support fish or mussels. The impacts from
this culvert extension will be minimal. For these reasons, 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
Fourteenth Division Office; 253 Webster Road.: Sylva, North. Carolina 28779
Telephone: 828-586-2141 w~~~v.doh.dot.state.nc.us Fax: 828-586-4043
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R-2409 Page 2 March 17, 2008
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 sedimentation control measures during
installation to ensure sedimentation is being effectively controlled. If the planned devices are not
functioning as intended, they will be replaced immediately with better devices. The
sedimentation control devices will be in place prior to pipe culvert removal and will remain in
place until the new pipes are in place.
Impacts to Waters of the United States
The unnamed tributary appears to be a spring seep, which originates a few feet above the culvert
inlet. The stream is not shown on the USGS topographic map. Although the flow is minimal, it
appears to be perennial. Substrate is cobble, gravel and sand below the pipe. For these reasons,
we believe that the stream is under the jurisdiction of the U.S. Army Corps of Engineers. In
order to provide adequate stormwater protection at the culvert outlet, it will be necessary to
impact waters of the United States in the Savannah River Basin. Specifically, NCDOT is
requesting to extend the existing culvert an additiona125 feet and construct a rock energy
dissipator in an unnamed tributary a RPW to the Horsepasture River a TNW (DWQ Class: C,
Tr). Listed below is a summary of the proposed impacts.
Site Existing Proposed Condition Net Impacts
No. Condition
Station
Site 1 102' x 24" CMP 127' x 24" CMP 25'
Site 2 N/A 40' x 20' Rock Energy Dissipator at 40'
culvert outlet (800 s . ft.)
Total Impact 651inear 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. Dave
McHenry, Mountain Region 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. McHenry and Mr. Ed Ingle,
Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
R-2409 Page 3 March 17, 2008
If you have any questions or need additional information, please contact me at (828) 586-2141 or
Mr. Rick Styles at (828) 497-7333.
Sincerely, ~ ~'
Mark S. Davis
Environmental Program Supervisor
Enclosures
cc: Mr. Brian Wrenn, DWQ, DENR, Raleigh (four copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Mr. J. B. Setzer, PE, Division Engineer, NCDOT
Mr. Paul White, PE, Division Design and Construct Engineer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
File
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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:
NW 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, 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: 253 Webster Rd.
Sylva, NC 28779
Attn: Mark Davis, Environmental Program Supervisor
Telephone Number: 828-586-2141 Fax Number: 828-586-4043
E-mail Address: markdavis@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 Fax Number: N/A
E-mail Address: N/A
Updated 11/1/2005
Page 1 of 8
III. Project Information
5
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: US 64 Climbing Lane East of Cashiers
2. T.I.P. Project Number or State Project Number (NCDOT Only): R-2409B WBS No. 34428
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Jackson Nearest Town: Cashiers
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Cashiers proceed
east on US 64 for 1.2 miles to the beginning of the project. The project ends 2650 feet east
of the beginning of the project. The permit site is lust east of the entrance to the Cedar Creek
Raquet Club.
Site coordinates (For linear projects, such as a road or utility line, attach a
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035 07' 29.72" °N 083 04' 33
6. Property size (acres): 2.26 Acres
7. Name of nearest receiving body of water: UT to the Horsepasture River (DWQ Class: C Tr)
8. River Basin: Savannah
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2aenr.state.nc.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: Woodlands with some rural residential
sheet that
34" °W
Updated 11/1/2005
Page 2 of 8
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 making sli hg t real~nments and adding a climbing lane for lame truck traffic.
Equipment to be used will be Track Hoes Dump Trucks Bulldozers and Drills.
11. Explain the purpose of the proposed work: To construct a climbing lane to improve safety
and reduce congestion along US 64 east of Cashiers. The permit work is required to provide
adequate erosion and scour protection at the outlet end of the stormwater drainage system,
which was redesigned to take stormwater off of the Cedar Creek Raquet Club property.
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. 404 and 401 permits were issued for the project in early 2006 fora 20
foot culvert extension (USACE Action ID No. 200630363 and DWQ Project No. 052212);
however the redesign of the stormwater drainage system requires additional permitting.
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/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. 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 waters, 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
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.
Updated 11/1/2005
Page 3 of 8
1. Provide a written description of the proposed impacts: In order to provide adequate
stormwater scour protection at the culvert outlet, NCDOT proposes to constuct a 40' x 20'
rock ener~~pator in an unnamed tributary to the Horsepasture River. It will also be
necessary to extend the exisitin~ culvert an additional 25 feet (see attached drawings).
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin .
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 N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
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 length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Site 1
Sta. 33+00 UT to Horsepasture
River Fill
Culvert Extension P 2> 25' 0.0011
Site 2
Sta. 33+00 UT to Horsepasture
River Fill -Rock Energy
Dissipator P 2, 40' 0.0018
Total Stream Impact (by length and acreage) 65' 0.0029
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.
Updated 11/1/2005
Page 4 of 8
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 N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative im act to all Waters of the U.S. resulting from the roject:
Stream Im act (acres): 0.0029
Wetland Im act (acres): N/A
O en Water Im act (acres): N/A
Total Im act to Waters of the U.S. (acres) 0.0029
Total Stream Im act (linear feet): 65'
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 USACE.
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.):
Current land use in the vicinity of the pond:
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. The culvert extension and
enemy dissipator are the minimum amount necessary to provide adequate erosion and scour
protection at the culvert outlet for the newly designed stormwater drainage system which will
carr~ge volumes of water during storm events.
Updated 11/1/2005
Page 5 of 8
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.
USAGE - 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 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 USAGE 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:/1h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. 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
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): 65'
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
Updated 11/1/2005
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) 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 aNEPA/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 N/A )? 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 Multi Tier Required
~~,,,,~,.o foo.~ P ~~ :.:.....:....
1 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
additiona120 feet from the edge of Zone 1.
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
Updated 11/1/2005
Page 7 of 8
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 brass lined buffers and a subterranean drainage system with
drop inlets and an extensive pipe network. Water will be discharged into a large rock energy
dissipator basin before it enters the stream.
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.
No wastewater will be generated from theproject.
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? Yes ^ 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:
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
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8
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Name: CASHIERS Location: 035° 07' 28.89" N 083° 04' 35.56" W NAD 27
Date: 3/13/2008 Caption: R-2409 US 64 Climbing Lane
Scale: 1 inch equals 1000 feet East of Cashiers
Jackson County
Copyright (C) 1997, Maptech, Inc.
Labels
Name: Site 1 & 2
Coordinates: 035° 07' 29.72" N, 083° 04' 33.34" W
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-L- STA, 31.75 RT. TO STA. 32+91RT.
-L- STA. J3+50 RT. TO STA, 37+00 RT.
-Y- STA.10+70 LT/Ri. TO STA. N+311T./Ri.
AND/OR 4S DETECTED BT THE ENCANEER
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Top = 3273.8+/-
Inv = 3269.4+/-
CUT DITCH
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EST. RIPRAP=47 TONS
EST. FILTER FABRIC=125 SY
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EST. RIPRAP = 85 TONS
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Top = 3270.3 +/-
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Top = 3289.0+/-
/Inv. = 3283.6+/-
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EST.
EST. Fl
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CUT DITCH, SEE DETAIL
EST. RIPRAP = 36 TO S
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