20052101 Ver 1_Complete File_20051121

Project that has been issued
Subject: Project that has been issued
From: Bev Strickland <[e-mail]>
Date: Thu, 16 Feb 2006 10:47:33 -0500
To: Kevin Barnett <[e-mail]>
CC: gwen Camp <[e-mail]>
I see that on Project #20052101 you requested additional information and received
additional information which we have no record of in the file. Could you please send
me copies of this information.
Thanks
Bev

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I of 1 2/16/2006 10:47 AM
o?'o?'RQG
Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 2, 2006
William L. Smith
Post Office Box 2156
Sylva, NC 28779
Subject Property:
William L. Smith Property
Cope Creels Road
Project Approval with Additional Conditions
Dear Mr. Smith:
DWQ Project # 05-2101
Jackson County
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DEB 1 ? 2p06
oft,
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You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 120 feet of streams for the purpose of the construction of an
equipment storage area at the subject property, as described within your application dated
November 14, 2005 and received by the N.C. Division of Water Quality (DWQ) on November
21, 2005, and additional information received by the N.C. Division of Water Quality (DWQ) on
January 18, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval
to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or LAMA Permit.
This approval is for the purpose that you described in your application. As your application
states that a minimum 100 foot turning radius is required for your largest piece of equipment,
and no technical justification for the additional 35 linear feet of impact, the Division of Water
Quality is only authorizing 120 linear feet of impact for this project. If you change your project
beyond what is authorized within this authorization, you must notify us and you may be required
to send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: http:l/h2o.enr.st,,ite.nc.us/ncwetiands
NorthCarolina
dvatill,,//y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
William L. Smith
Page 2 of 6
February 2, 2006
L Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream . 120 (linear feet) Cope Creels
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
William L. Smith
Page 3 of 6
February 2, 2006
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream. If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This
may require additional approval from this Office.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities.
S. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. Upstream and downstream
continuous turbidity monitoring must be provided onsite during all construction
activities.
9. No Impacts Beyond those Authorized within this Approval
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction Notification.
All construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
10. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCG010000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
William L. Smith
Page 4 of 6
February 2, 2006
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
htln://h2o.enr^..slalc.irc.trs/s•tt/Forn7s Documents.hlna.
11. Trout Moratorium
The stream is a Class C Trout Waters. In order to protect downstream uses for Class C
Trout Waters a requirement of this Certification is that any additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
12. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance from future
wetland, water and buffer impact. These mechanisms shall be put in place prior to
impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate.
13. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert. Therefore, you must provide plans with adequate details
that indicate that the current stability of the stream will be maintained or enhanced. You
must receive written approval from this Office for the above plans before the culvert(s) is
installed. Culvert(s) must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank stabilization
tecluiiques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
William L. Smith
Page 5 of 6
February 2, 2006
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstrea»t and domistream of each
culvert site to document correct installation along with the Certificate of Completion
form.
14. Sediment and erosion control measures must be implemented prior to construction and
maintained on the sites to minimize sediment in downstream areas. Seeding for a
temporary cover of wheat, millet, or similar annual grain or permanent herbaceous cover
should occur on all bare soil within five (5) days of ground disturbing activities to
provide long-term erosion control. The projects should be accomplished in stages instead
of leaving large tracts exposed to further storm events. Erosion control matting should be
used in conjunction with appropriate seeding on disturbed soils in steep slope and
riparian areas. Matting should be secured in place with staples, stakes, or, wherever
possible, live stakes of native trees. Straw mulch and tall fescue should not be used in
riparian areas. In addition, because of an anticipated difficulty in establishing ground
cover during the winter, reseeding should be conducted, as necessary, in the spring-time
with a native annual and perennial seed mix with a temporary nursery crop of wheat,
millet or other grain.
15. Heavy equipment should be operated from the bank whenever possible. All mechanized
equipment operated near surface waters should be inspected and maintained regularly to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other
toxic materials. Equipment used in stream channel must be clean, new or low hour
equipment.
16. Stream banks and a 25-foot vegetated zone must be restored along all remaining waters to
natural riparian conditions with native trees and shrubs (e.g., silky dogwood,
rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore) to
provide long-term bank stability and stream shading. Note, silky dogwood, silky willow
and black willow can be planted as live stakes collected during the dormant growing
season. Cuttings should be randomly planted on four (4) foot centers from the waters
edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot
centers. Stream banks in these areas should also be seeded with a native annual and
perennial seed mix with a temporary nursery crop of wheat, millet or other grain.
Replanting of vegetation within disturbed areas located within 25 feet of the streambank
must be done in a manner consistent with the Guidelines for Riparian Buffer
Restoration immediately following construction. (Please see attached.)
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
William L. Smith
Page 6 of 6
February 2, 2006
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Kevin Barnett at 828-296-4657 or
Sincerely,

Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402
Certificate of Completion
cc: Mrs. Rebecca A. Henson, CEM
Appalachian Environmental Services
367 Scotts Creek Road
Sylva, NC 28779
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-2101. Smith. WQC3402.Approval

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Project Number. 20052101 Version: ,1 Status: On Hold Last ActionDesc: Incomplete App-Additional Info n,
'Project Name: Cope Creek Culvert Installation -;I 'ProjeclType: Other
ProjectDesc: cuhert Installation
'Owner: Sm;th, Wililam L. Detaks...
`Received From: 'Applicant COE ID: 'Primary County: (Jackson
DOTTIP: ' 'AdminRegion: (Asheville
Received Dt: 1112112005 Reviewer: lkevln barnott
Issued DC -
'Seconda Coun
Statutory Dt
CAMA NEPAISEPAReceived Dt:
DCM Office: SW Plan Received Dt
COE OMce: levllle Regulatory Field Once SW Plan Approved Dt Public Notice Published Dt:
Last Updated By laurle.dennison SW Plan Location: ! Public Notice Received DL
Last Updated On: 1112212005 Sewage Disposal: - P.N. Comment Period Ends Dt:'.
<Back Close
Ready Page 111 SID: WPD1
Triage Check List
Date: 11/22/05
Project Name: Cope Creek Culvert
DWQ #:05-2101
County: Jackson
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 11/21/05 to 1/19/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
El ? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

20052101
APPALACHIAN ENVIRONMENTAL SERVICES
LAND & WATER DESIGN & BUILD
November 14, 2005
David Baker
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Mr. Baker,

On behalf of William L. Smith, we are applying for Clean Water Act 401 and 404 and
NWP 14 certifications for the installation of 149 feet of culvert installation on Cope
Creek in Jackson County, North Carolina.
Enclosed, please find the following:
1. Agent Authorization Letter
2. Project Site Plan (including narrative, vicinity map, and site plan) _
3. Permit Application ?dLaa ?y
If you have any questions, I may be telephoned at 828-586-1973 Ext.
Sincerely, R NOV ?Z 2005
Let.f? j?jG stse:?L'•????'i?iCH
Rebecca A. Henson, CEM
Cc: John Dorney, N.C. Division of Water Quality (4 copies)
Kevin Barnett, N.C. Division of Water Quality (1 copy)
David McHenry, N.C. Wildlife Resources Commission (1 copy)
367 Scotts Creek Road Sylva, NC 28779 Physical
Post Office Box 52 Webster, NC 28788 Mailing
828.586.1973 Phone [phone] Fax
[e-mail]
www.appalad-dancnvironment.com
May 17, 2005
David Baker
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Mr. Baker,
I am authorizing Rebecca A. Henson, CEM of Appalachian Environmental Services to
act as my agent for the Cope Creek Culvert Installation in Jackson County, North
Carolina.
Sincerely,

William Smith
Office Use Only: Form Vcrsion March 05
USACE Action ID No. DWQ No. 2 0 0 5 2 1 0 1
krr any panicu?ar nem is not appucaole to tnis project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
N Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 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
wn 2 i 2005
1. Owner/Applicant Information
Name: William L Smith V"fJrtic-u"'
Mailing Address: Cone Creek Road
P.O. Box 2156
Sylva NC 28779
Telephone Number: 828-586-3488 Fax Number:
E-mail Address:
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: Rebecca A. Henson
Company Affiliation: Appalachian Environmental Services
Mailing Address: 367 Scotts Creek Road
Sylva NC 28779
Telephone Number: 828-586-1973 Ext. 301 Fax Number: 828-631-0343
E-mail Address: rebecca.hensonnannalacliianenvironment coin
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 ofproject: _ Cone Creek Culvert Installation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7651-19-9062
4. Location
County: Jackson Nearest Town: Sylva
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Asheville - Take I-
40 west to exit 27 (US 23/74) toward Cl de/Waynesville Sylva Exit left onto Cope Creek
Road lust before exit 85 on US 74 Take left onto Cope Creek Road Follow Cope Creek to
intersection with East Cope Creek project is on left
5. 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): 35.3785°N 83.1880°W
6. Property size (acres): 7.00
7. Name of nearest receiving body of water:_ Cope Creek
8. River Basin: Little Tennessee Cataloging Unit # 06010203
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htti)://h2o.enr.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:_ The site is primarily open field in the vicinity of the project
The _general land use is a rural residential community with some agricultural uses
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The project
will involve the placement of a culvert and associated backfill required A trackhoe dozer
and dump truck could be used to accomplish this project Equipment will be kept out of the
stream and all work conducted by machine will be from the top of bank
11. Explain the purpose of the proposed work: The purnose of this project is to install 149 feet
of 30" culvert so that the land owner will be able to park his construction equipment where
lie will have easy access to Cope Creek Road A 30" culvert will be used to match the
NCDOT culvert downstream runniniz under East Cope Creek Road
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. N/A
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.
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.
Page 3 of 9
1. Provide a written description of the proposed impacts: The proposed project would impact
149 feet of cone creek by placing the stream in a 30" culvert
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,
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
feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
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- miiltinly length X x6r1th tt,A„ rl;%Y;At 1- Al
can

Stream Impact
Number
indicate on ma

Stream Name ---

Type of Impact - ---- -- -

Perennial or
Intermittent? - ......--? .........
Average
Stream Width
Before Impact ..... _T I,
Impact
Length
(linear feet) v.
Area of
Impact
acmes
1 Cope Creek Culvert Perennial <5' 149' 0.07

Total Stream Impact (by length and acreage) 149 0.07

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, dredeina. flooding. drainage- hniklhPnrlc Pto
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of

indicate on ma (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc. acres

Page 4 of 9
I
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the roject:
Stream Impact (acres): 0.07
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream hri act (linear feet): 0.07
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.
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/einbankment, 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.):
Current land use in the vicinity of the pond:
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. Due to the general topography
of many sites in Jackson County North Carolina it is often difficult to find a parcel of land the
requires no filling or cutting to obtain a relatively flat usable space The project parcel has a flat
section but is divided by Cone Creek Tile project site is also located next to Cope Creek Road
The property owner is a grading and paving contractor The project site will be utilized as a
storage area for equipment that is used on a regular basis The topography of the site and easy
access to Cope Creek Road make the project site very desirable for the proposed use Since
most grading and paving equipment must be towed to and from job sites simply placing a bridge
Page 5 of 9
over the stream would not provide ample space to turn trucks pulling trailers Also with the
weight of most grading equipment the bridge would have to be very strong and would need to be
professionally designed to assure that the bridge integrity would not be compromised by the
weight of equipment crossing the bridge All materials including culverts and fill dirt will be on
site prior to any disturbance. Silt fence will be installed around fill dirt to ensure that no
sediment is allowed to enter Cope Creek The project will be completed in one phase of
construction and the site will have gravel applied or will be seeded upon completion of
construction activities.
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 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 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 Teclmical Guide for Stream Work in North Carolina, available at
littp:Hii2o.enr.state.iic.us/ncwetlands/strmgide.litnil.
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 conditiops and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 6 of 9
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
[phone] 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.etir.state.nc.us/wrh/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):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/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 [phone] 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 ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, 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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
Page 7 of 9
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.
Impact
Zone* Multiplier Required
3 (2 for Catawba)
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.
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 213.0242 or.0244, or.0260.
XI. Stormivater (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. There is no impervious surfaces on the project
site at the present time. Total imperviousness will not exceed twenty percent at the completion of
the project. A graveled entrance will be installed from Cope Creek Road to ensure that sediment
from the project site is not tracked onto Cope Creek Road
XII. Selvage 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.
The proiect owner will do the construction himself and will use his residential home for sewage
treatment.
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)
Page 8 of 9
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No N
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/ncwetiands. 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).

Applieant/Ag? fit's Signature ate
s signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
William L, Smith
Culvert Installation
Jackson County, North Carolina
VICINITY MAP
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APPALACHIAN
ENVIRONMENTAL SERVICES
367 SCOTTS CREEK ROAD
SYLVA, N.C. 28779
828.586.1973
FAX: [phone]
W W W. A"ALACR IAMENV RONMENT.COM
CONTACT: MICKEY S. MENSON
PLAN SHEET INDEX
1. SITE PLAN
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PROJECT NARRATIVE:
THE CULVERT INSTALLATION PROJECT WILL DISTURB 149 FEET OF
STREAM BY PLACING THE STREAM IN A 30" CULVERT UPSTREM FROM
THE 30" NCDOT CULVERT RUNNING UNDER EAST COPE CREEK ROAD,
ALL PROJECT MATERIALS WILL BE STORED ON-SITE BEFORE
INSTALLATION AND CONSTRUCTION WILL NOT COMMENCE UNTIL ALL
MATERIALS ARE READY FOR INSTALL, THE PROJECT WILL BE
INSTALLED IN A TIMELY MANNER S? AS TO REDUCE THE AMOUNT ?F
TIME THE SITE IS DISTURBED, WATER WILL BE DIVERTED AS
NECESSARY TO REDUCE SEDIMENTATION IN THE STREAM CHANNEL,

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