20090319 Ver 1_Application_20090326

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
March 23, 2009
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
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EUGENE A. CONTI, JR.
SFC=ARY
09®319
Subject: Nationwide 14 Permit Application
SR 1311 - Buckner Branch Road - Emergency Slide Repair
Swain County
State Project No. 14.208711 (DWQ Minor Permit Fee $240)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to repair a slide on SR
1311, Buckner Branch Road, adjacent to Fontana Lake (Tuckasegee River) in Swain County.
The road is currently closed to through traffic and needs to be repaired and reopened as soon as
possible. NCDOT proposes tomove the center line of the existing road approximately 10 feet to
the east in order to repair the slide and install a rock fall fence. This will require the placement
of 115 cubic yards of rock fill material below the 1714 elevation of Fontana Lake, which is a
Section 10 navigable water (see attached drawings).
1 am enclosing a completed PCN application, a typical section for fill area, earthwork
computations for fill material, photographs, a marked county map. and USGS topographic map
for your review.
The North Carolina Natural Heritage Database was checked for records of federally threatened
and endangered species. There are no records listed for the Tuckasegee River Arm of Fontana
Lake in close proximity to the project area. The Tuckasegee River upstream of this project
provides habitat for the Appalachian elktoe (Alasmidonta raveneliana) and upstream reaches are
designated as critical habitat for the species by the U.S. Fish and Wildlife Service. The nearest
record is approximately 3.0 miles upstream of the project area and the critical habitat designation
is approximately 5.2 miles above the project. Habitat at the project site has been altered by
Fontana Lake and is not suitable for the Appalachian elktoe. This project is limited in scope and
impacts from the rock placement and road repair should be minimal. For these reasons, we
believe there will be "no effect" to threatened or endangered species.
SR 1311 Page 2 March 23, 2009
Impacts to historic or cultural resources are not anticipated. NCDOT archaeologists will review
the site and report findings to the State Historic Preservation Office (SHPO) for approval.
NCDOT will conduct the appropriate site investigations if recommended by SHPO.
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.
Impacts to Waters of the United States
The Tuckasegee River Arm of Fontana Lake is shown on the USGS topographic map as a
perennial stream. The stream is considered a Section 10 waterway under the Rivers and Harbors
Act. The Tuckasegee River Arm of Fontana Lake is approximately 625 feet wide at the project
site. It meets the definition of a Traditional Navigable Water (TNW) and this stream is a
Relatively Permanent Water (RPW). Therefore, we believe this project area is under the
jurisdiction of the U.S. Army Corps of Engineers. In order to make the desired repairs to SR
1311, it will be necessary to impact waters of the United States in the Little Tennessee River
Basin (CU 06010203). Specifically, NCDOT is requesting to place 115 yd3 of fill below the
1714 elevation of Fontana Lake (DWQ Class: C). A summary of the proposed impacts is listed
below.
Site No. Existing Condition Proposed Condition Net
Station Impacts
Site 1 Rock Fill Rock Fill (150 linear feet) 115 yd3
Total Open Water Impact 115 yd3
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act to proceed with the repair 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 the
Nationwide 14 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 Ed Ingle,
Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
SR 1311 Page 3 March 23, 2009
If you have any questions or need additional information, please contact me at [phone] or
Mr. Jonathan Woodard at [phone]. Your early review and consideration will be greatly
appreciated.
Sincerely,
Mark S. Davis
Division Environmental Program Supervisor
Enclosures
cc: Mr. Brian Wrenn DWQ, DENR. Raleigh (four copies)
Mr. Mike Parker. DWQ, DENR, Asheville
Mr. Troy Wilson, Biologist, U.S. Fish and Wildlife Service, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Mr. Joel B. Setzer, P.E., Division Engineer, NCDOT
Mr. Jonathan Woodard, P.E., District Engineer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
I

Section 404 Permit ®Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NW 14 or General Permit (GP) number:
tc. Has the NWP or GP number been verified by the Corps? ®Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ®No For the record only for Corps Permit:

? Yes ®No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
th. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: SR 1311 - Buckner Branch Road - Slide Repair
2b. County: Swain County, North Carolina
2c. Nearest municipality / town: Bryson City
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: 14.208711
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page l of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Division Environmental Program Supervisor
4b. Name: Mark S. Davis
4c. Business name
(if applicable):
North Carolina Department of Transportation
4d. Street address: 253 Webster Road
4e. City, state, zip: Sylva, NC 28779
4f. Telephone no.: 828-586-2141
4g. Fax no.: 828-586-4043
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable): N/A
5c. Street address: N/A
5d. City, state, zip: N/A
5e. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
1b. Site coordinates (in decimal degrees): Latitude: 35.4355 Longitude: --83.4902
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Tuckasegee River (Fontana Lake)
proposed project:
2b. Water Quality Classification of nearest receiving water: DWQ Class: C
2c. River basin: Little Tennessee River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The area of the project is directly adjacent to the Tuckasegee River (Fontana Lake) and is rural with a forested landscape
with a few single family residences.
31b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to repair a slide area and rebuild the road.
3e. Describe the overall project in detail, including the type of equipment to be used:
The work will require removing slide waste, excavating a trench above the Tuckasegee River and installing large shot
rock and riprap to create a new fill slope. The road will be realigned slightly to the east to allow for installation of a rock
fall fence on the cut side of the road. Dump trucks, bulldozers, and track hoes will be used for the repair.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments: N/A -
4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
N/A

Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
N Open waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T N/A N/A ? Yes
? No ? Corps
? DWQ N/A
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2B. Total wetland impacts N/A
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact. Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
St ? P ? T N/A N/A ? PER
? INT ? Corps
? DWQ N/A
? PER ? Corps
S2 ? P ? T ? INT ? DWQ
? PER ? Corps
S3 ? P ? T ? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts N/A
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ® P ? T Tuckasegee River 115 cubic yards of Rock Fill River/Lake 0.15
02 ?P?T
03 ?P?T
04 ?P?T.
4f. Total open water impacts 0.15
4g. Comments: 150 linear feet of rock fill below the 1714 elevation of Fontana Lake
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 51b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
51'. Total N/A N/A N/A NA N/A NA N/A
5g. Comments:
5h. Is a dam high hazard permit required?
?Yes No if yes,.permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
61b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
s
?
Bt ? P ? T N/A N/A ? No N/A N/A
? Yes
B2 ? P ? T ?.No
?Yes
B3 ? P ? T ? No
6h. Total buffer impacts N/A
6i. Comments: N/A
Page 6 of 11 .
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 1.5
6f. Total buffer mitigation required: N/A
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
N/A
6h. Comments: N/A
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. .
The bank will be benched and shot rock placed to rebuild the fill slope between the 1698 and 1714 lake elevations. This
avoids placing fill in the normal pool and only a minimal amount is below the 1714 elevation of Fontana Lake.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Appropriate erosion and sedimentation control devices will be installed prior to work being done.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

Payment yment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ®cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
ta. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: N/A
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A %
2b. Does this project require a Stormwater Management Plan? ? Yes ®No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is Covered by Individual NPDES
Permit NCS000250
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
N/A
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? N/A
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes
? No
use of public (federaVstate) land? .
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2: Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The only work being proposed is a slide repair to reopen the road. The facilities are not being upgraded.
4. Sewage Disposal (DWQ Requirement)
4a. 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
Page ]0 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act El Yes ®No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Ashe
ille
v
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The North Carolina Natural Heritage Database and onsite inspection.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ®No
61b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no marine or estuarine communities within the Blue Ridge Province
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? yes ®No
status (e.g,, National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Project will be reviewed by NCDOT archaeology section and recommendations of findings approved by NC State
Historical Office.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: FEMA requirements will be addressed through TVA permit
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping

Mark S. Davis. Division 7
3 oZ3'G9
Environmental Program Supervisor ,??
Applicant/Agent's Signature Date
Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
. PCN Form - Version 1.3 December 10, 2008 Version

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Fontana Lake (Tuckasegee River)
Swain Count`, North Carolina

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