20060924 Ver 1_COMPLETE FILE_20060602

Triage Check List
Date: 9/22/06 Project Name: 7.58 Commercial Development
DWQ #:06-0924
County: Cherokee
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 9/18/06 to 11/16/06
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 (Meuse, 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?
? 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!
ID Lo --0g),y
Date: . June 23, 2006
To: North Carolina Division of Water Quality
2321 Crabtree Blvd.- Suite 250
Raleigh, N.C. 27604
Attn: Cyndi Karoly
From: Pangaea Development Services
156 Sandstone Lane
Murphy, NC 28906
Subject: Amended application for 404 Nationwide Permit to redirect 95-ft of an unnamed tributary
located in Cherokee County, NC
Dear Ms. Karoly,
Please find enclosed (1) copy of Pangaea Development Services amended 404 Nationwide Permit
application and associated documents for the above referenced subject project.
Should any additional information be required, please notify Pangaea Development Services at (828)
644-0773.
Respectfully,
Daryll Newcomb
Director of Services
Pangaea Development Services
Cc: U.S. Corp of Engineers, David Baker
North Carolina Division of Fish and Wildlife, David McKeney
North Carolina Division of Water Quality, Kevin Barnett
22@20n:?31
JUL, 0 7 2006
UONIR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Pangaea Development Services
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. C )U r C )R a 4
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: Nationwide
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: ?
IT. Applicant Information
1. Owner/Applicant Information LS r°!Ij
Name: Rick Norton JUL 0 7I?1f?F
Mailing Address: 219 Norton Pond
Murphy, NC wE11aNn"'? vvA'ck
°'L?HFi,4idt i
28906
Telephone Number: 828-361-2996 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: Daryll Newcomb
Company Affiliation: Pangaea Devlopment Services
Mailing Address: 156 Sandstone Lane
Murphy, NC 28906
Telephone Number: 828-644-0773 Fax Number: 828-644-0773
E-mail Address: [e-mail]
Page 5 of 12
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 I 1 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: 7.58 Commercial
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4570144443320000
4. Location
County: Cherokee Nearest Town: Murphy, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take US Hwy. 19/129/64, West of Murphy, Project site is approx. 2.0 miles on left,
adjacent to, and westerly of the Rib County Restaurant.
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): 35.065983 ON 84.058250 ow
6. Property size (acres):
7.58 acres
7. Name of nearest receiving body of water: Hiawassee River
River Basin: Hiawassee River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 DroDerty is unoooulated except for two empty dwellings (one oreviouslv used
commercially and one used residentiallv) on site. The surroundina land use is a mix
of residential and commercial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project entails the redirection of an existing unnamed tributary ( A contractor has
been selected - Ronnie Dillard Construction). A track hoe and bulldozer will be used.
(see site plan for additional description of work)
11. Explain the purpose of the proposed work:
To provide a stable area for future commercial development.
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.
No future permits are expected to be required for this >r •ect,
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.
1. Provide a written description of the proposed impacts:
The imposed impact involves the permanent redirection of an existing unnamed
tributary. (See "Proposed Open Channel Redirection" narrative.).
Page 7 of 12
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 impacts 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

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, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact or
Perennial oIntermittentr Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
unnamed -2 feet 95 feet 0.004

Total Stream Impact (by length and acreage) 95 feet .004 ac
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.
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

Total Open Water Impact (acres) 0 aC.
Page 8 of 12
6. List t.
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0.004 ac.
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
0-004 ar-
Total Stream Impact (linear feet): 95'
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.
N/A
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.):
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.
The 95-ft impact area lies within a proposed fill zone and to implement the planned
future commercial development. Re-direction of the existing unnamed tributary is
necessary. Redirection will provide minimum impact from future development.
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.
Page 9 of 12
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 Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
Based on the minimal amount (95) of open water impact, no mitigation is believed
to be required on this project.
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.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):
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):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? 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.
Impact Required
Zone* I I-_- C--., Multiplier
3 (2 for Catawba)
1.5
Total I I I
* 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.
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
Page 11 of 12
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.
Of the total 7.580 acres, 7.576 acres will be left undisturbed (impervious) Please refer to
the enclosed Dian drawings and narrative.
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.
N/A
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
oLp -oq:.4
Date: June 23, 2006
To: Ashville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Ashville, NC 28801-5006
Attn: David Baker
From: Pangaea Development Services
156 Sandstone Lane
Murphy, NC 28906
Subject: Amended application for 404 Nationwide Permit to redirect 95-ft of an unnamed tributary
located in Cherokee County, NC
Dear Mr. Baker,
Please find enclosed (1) set of Pangaea Development Services Amended 404 Nationwide Permit
application and associated documents for the above referenced subject project. The materials enclosed
include: standard 404 application form, a detailed narrative describing the proposed work, a
description of potential stream impacts, photographs of the area delineating the proposed work,
engineering drawings, and construction schedule. A site plan showing the proposed future
development has also been included.
Should any additional information be required, please notify Pangaea Development Services at (828)
644-0773.
Respectfully,
Daryll Newcomb
Director of Services
Pangaea Development Services
Cc: North Carolina Division of Fish and Wildlife, David McKeney.
North Carolina Division of Water Quality, Kevin Barnett
North Carolina Division of Water Quality, Cyndi Karoly
5 ['23 D W r
p
At C 7 2006
L!L Nh W< fER (:IUAI_il'Y
WETLANDS AND STMAMTFR BRANCH
Pangaea Development Services
Date: June 23, 2006
To: North Carolina Division of Fish and Wildlife
Mountain Regional Coordinator
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
Attn: David McKeney
From: Pangaea Development Services
156 Sandstone Lane
Murphy, NC 28906
Subject: Amended application for 404 Nationwide Permit to redirect 95-ft. of an unnamed tributary
located in Cherokee County, NC
Dear David,
Please find enclosed (1) set of Pangaea Development Services Amended 404 Nationwide Permit
application and associated documents for the above referenced subject project. The materials enclosed
include: standard 404 application form, a detailed narrative describing the proposed work, a
description of potential stream impacts, photographs of the area delineating the proposed work,
engineering drawings, and construction schedule. A site plan showing the proposed future
development has also been included.
Should any additional information be required, please notify Pangaea Development Services at (828)
644-0773.
Respectfully,
Daryll Newcomb, Director of Services
Pangaea Development Services
Cc: U. S. Army Corp of Engineers, David Baker
North Carolina Division of Water Quality, Kevin Barnett
North Carolina Division of Water Quality, Cyndi Karoly
Pangaea Development Services
Date: May 22, 2006
To: North Carolina Division of Water Quality
Ashville Regional Office
2090 Hgwy. US 70- Suite 250
Swannanoa, N.C. 28778
Attn: Kevin Barnett
From: Pangaea Development Services
156 Sandstone Lane
Murphy, NC 28906
Subject: Amended application for 404 Nationwide Permit to redirect 95-ft of an unnamed tributary
located in Cherokee County, NC
Dear Mr. Barnett,
Please find enclosed (1) copy of Pangaea Development Services amended 404 Nationwide Permit
application and associated documents for the above referenced subject project.
Should any additional information be required, please notify Pangaea Development Services at (828)
644-0773.
Respectfully,
Daryll Newcomb
Director of Services
Pangaea Development Services
I&z, 1V@D
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oaHh
"T*as.AV sr,A fpaM
Cc: U.S. Army Corp of Engineers, David Baker
North Carolina Division of Fish and Wildlife, David McKeney
North Carolina Division of Water Quality, Cyndi Karoly
Pangaea Development Services
PROPOSED OPEN CHANNEL REDIRECTION
PROPOSED IMPACTS TO WATERS/STREAMS
AND DETAILED DESCRIPTION OF PROPOSED WORK
1) This scope of this proposed project entails the redirection of a portion of an
existing tributary (unnamed by the North Carolina Department of Water Quality)
which is part of the Hiawassee Water Basin, and is located in Cherokee County,
NC. The project site is delineated on the enclosed Vicinity Map.
2) This tributary has a springhead enclosed in a concrete box approximately 20'
upstream from the beginning of the proposed new route. Two existing 10" plastic
corrugated pipes and one 16" corrugated metal pipe culvert from the adjacent
property deposit storm water into the tributary. From the springhead upstream, the
existing tributary runs approximately 95-ft. through an undisturbed wooded slope
populated by trees, shrubs and vegetation common to the surrounding, and on to
an open commercial site with only scattered grasses, and into an existing 16"
culvert. From our observation, this tributary appears to be a stable
aquatic/vegetative habitat. We believe that this tributary would not be deemed a
wetlands area based upon our field observations. No swamp grass, invertebrates
or fish of any sort were noted during our field observations. Based upon these
factors, we feel that the impact on this tributary by the work proposed herein, and
as detailed on the accompanying drawings, would be minimal and pose no
significant detrimental affects to the tributary's overall health. We, therefore,
believe that no tributary mitigation would be required.
3) Ronnie Dillard Construction has been selected as the Contractor to perform the
work. The equipment to be utilized for excavation and installation for all of the
proposed work, as described herein, is still unknown, however, in general, it is
anticipated that all work will be performed with a Trackhoe. In addition, a Power
Seeder and Hay Blower will be utilized.
Pangaea Development Services
"COMMERCIAL 7.58AC"
PROPOSED WORK DESCRIPTION
The proposed work entails the redirection of a portion of an un-named tributary to
facilitate the future removal of an existing 16" pipe which is currently being used to direct
the existing unnamed tributary diagonally across the site. The work will also include the
backfilling\cover-up of that portion of said existing tributary that is being redirected
PROPOSED LAND USE DESCRIPTION
This request is being made to allow for future commercial development of the site.
The redirection is needed in order to facilitate the creation of level site pads.
Note: A separate Erosion and Sedimentation Control Plan shall be prepared and
submitted to NCDENR for approval and implementation in order to comply with the
North Carolina Sedimentation Pollution Control act of 1973 for all future work to be
performed on this site.
Pangaea Development Services
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PANGAEA DEVE1-OP1'IFNT SEWlGE5
LAND DEVELOPMENT ff EP0510N GONT-POL DE516N
l56 5and--done Lane Murphy, Nodh Gafolino 28906
[phone] (Office Phofe-l ax)
[phone] (Daryll Newcorh)
Email; pangaeaO6eyahoo cor?
Date: October 18, 2006
To: North Carolina Division of Water Quality
Ashville Regional Office
2090 Hwy. US 70, Suite 250
Swannanoa, N.C. 28778
Attn: Kevin Barnett
From: Pangaea Development Services
156 Sandstone Lane
Murphy, NC 28906
Subject: Big Bear Corporation, LLC - 7.58 Commercial Development
Cherokee County, NC
Dear Kevin,
g czgada D
Q
O C T 2 3 2006
yy??'ttsun?-i''?r
*IY ? I? . - 8Tt!.. I?TIER 6Y&W
This letter addresses concerns and questions outlined in Mr. Roger C. Edwards's letter of October 6,
2006, requesting additional information, and our conversation of October 13, 2006.
Please find enclosed the following information:
? (1) Copy of USACE 404 Permit #SAW-2006-32540-320 (Nationwide Permit #39) for the
tributary relocation (only).
? (1) Letter and Certificate of Plan Approval from NCDENR (CHERO-2007-003) for the Erosion
Control Plan for the 7.58 ac. Commercial Development (only).
? (1) One copy of the approved Erosion Control Plan for same.
In addition, I am providing the following comments and replies per your request for additional
information. The following correlate with the Item No.'s outlined in your letter dated, October6, 2006:
Pangaea Development Services
As submitted originally, the USACE permit application outlined 95' of open tributary which
emptied into a degraded culvert comprised of corrugated and concrete pipe of approximately
150' in length. The tributary and the culvert(s) ran diagonally across the property terminating at
a point of discharge into the Department of Transportation storm drainage ditch adjacent to the
site entrance, and opposite an existing D.O.T cross drain. The original overall impact was
stated as being 450'. Upon subsequent discussion with the USACE, the length was revised to
indicate an impact of only 95', by relocation of the open tributary to the easterly side of the
property. It was deemed that relocation of the tributary and abandoning the existing 150'
culvert would be a more feasible and ecologically friendly solution. Based on this significantly
reduced impact, we believe that it would no longer be subject to the requirements for
mitigation. This alternative was submitted, and subsequently approved by the USACE under
action SAW-2006-32540-320, Section 404 and Nationwide Permit No. 39. As such, we believe
that this satisfies the requirement of 15A NCAC 02H .506 (f).
2. The tributary relocation was considered an individual project in and of itself, separate from the
overall site development, which the design of had not been finalized at the time the USACE
404 permit application was submitted. While the USACE permit application was being
processed and approved, an Erosion and Sedimentation Erosion Control plan was prepared and
submitted to the NCDENR (see enclosed letter, permit and plans) we believe that this should
adequately address any concerns and/or questions of storm water runoff and erosion control
measures.
3. The overall 7.58 acre site is equipped with a monitoring rain gage, inspection report forms, a
copy of the approved erosion control plans and the associated permits. They shall remain on-
site for the duration of construction and development. We believe that this will satisfy DWQ's
requirement for monitoring and subsequent success criteria.
Also note that at the time that the original permit was filed with NCDWQ, a fee of $475.00 was
included with the application based on the originally stated impact of 450'. The application was later
revised (as evidenced) to reflect an impact of only 95', for which a fee of only $200.00 would be
required.
I trust that the additional information submitted herein will serve to answer all of your questions and to
clear up any miscommunications or misunderstandings that might have arisen over this matter. If you
have any additional questions or need any additional information, please do not hesitate to contact us at
[phone]. We look forward to clearing up this matter and resolving all issues associated with it
in order to receive your approval as expeditiously as possible.
Sincerely,
Daryll Newcomb
Director of Services
Pangaea Development Services
Pangaea Development Services
cc: NCDENR - Department of Water Quality - Cyndi Karoly, w\enc.
U.S. Army Corp of Engineers - David Baker
North Carolina Wildlife Resources Commission - David McHenry
enc: USACE Permit I.D. SAW-2006-32540-320
NCDENR Letter and Certificate of Plan Approval for Sedimentation and Erosion Control Plan
Approved Sedimentation and Erosion Control Plan
Pangaea Development Services

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-32540-320 County: Cherokee USGS Quad: Murphy
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Rick Norton
Address: 219 Norton Pond
Murphy, North Carolina 28906
Telephone No.: 828-361-2996
Size and location of property (water body, road name/number, town, etc.): an unnamed tributary to the
Hiwassee River flowing through a 7.6 acre tract located off of US Highway 19/129/64 in Murphy,
NC.
Description of projects area and activity: to fill/culvert 95 linear feet of an unnamed tributary in
conjunction with a commercial site development
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number. 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, those outlined in the attached July 12, 2006 NC Wildlife Resources
Commission letter, and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David Baker at 828-271-7980 x231.
Corps Regulatory Official David Baker Date: July 12, 2006
Expiration Date of Verification: March 18, 2007
Copy Furnished:
Daryll Newcomb, Pangaea Development Services, 156 Sandstone Lane, Murphy, NC 28906
OF \ NAT
FR
Michael F. Fasley, Governor
William G. Russ .h., Secretary
North Carolina Department of Environment and Natural ResOal'cCS
Alan W. Klimck, P.T. Director
Division of Water Quality
November 6, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7005 0390 0001 3553 1923
Rick Norton
219 Norton Pond
Murphy, NC 28906
Subject Property: 7.58 Commercial Developement
Hwy 64 West, Murphy, NC
RETURNED AS INCOMPLETE
Dear Mr. Norton :
DWQ Project # 06-0924
Cherokee County
Q
NOV 9 2006
DENR - WATER QUALITY
WETLANDS AND STMAWATER BRANCH
On June 2, 2006, the Division of Water Quality (DWQ) received your application
submitted in regards to your request to perform work to streams in the Murphy area. On
June 6, September 11, and on October 6, 2006, the Division of Water Quality sent an
additional information request. On As of today, the DWQ has not received sufficient
information in regards to our request. Therefore, we are returning your application
as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to
be reviewed in the future, you must submit a complete application along with the
appropriate processing fee, including, but not limited to:
• A thorough discussion as to the steps taken to avoid or minimize impacts to
waters of the state.
• A detailed site plan showing property boundaries and development plans in relation to
surrounding properties. The specific footprints of all buildings, impervious surfaces, or
other facilities must be included.
• The maps and plans should include the appropriate USGS Topographic Quad Map and
MRCS Soil Survey with the property boundaries outlined.
• 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.
• If stream relocation is proposed, plans and profiles showing the linear footprint for both
the original and relocated streams mast be included. Additionally, a stability monitoring
plan for the relocated stream and a set of success criteria must be developed and provided
as part of the application.
• A stormwater plan, which will address, not only construction stornnwater, but stormwater
management for the life of the project, such that downstream water duality will not be
degraded.
• A description as to how sewage generated from the built out project will be handled and
treated. Permit numbers from the appropriate agencies are appropriate.
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 httpJ/h ?? eru stcite,nc its,ncw0i;inds
o,C•
No1thC'arolina
,A(I ural4J/
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/101'o Post Consumer Paper
7.58 Commercial Developement
Page 2 of 2
November 6. 2006
As you have no authorization under Section 401 of the Clean Water Act for this activity,
and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr.
Kevin Barnett at 828-296-4657 if you have any questions this matter.
Sincere y
,
Kevin H Barnett, Environmental Chemist
Surface Water Protection
C K/khb
cc: Daryll Newcomb
Pangea Development Services
156 Sandstone Lane
Murphy, NC 28906
Cyndi Karoly, DWO, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0924.7.58CommercialDevelopement.returned
Date: September 12, 2006
To: North Carolina Division of Water Quality
2321 Crabtree Blvd.- Suite 250
Raleigh, N.C. 27604
Attn: Ian McMillian
From: Pangaea Development Services
156 Sandstone Lane
Murphy, NC 28906
SEP 1 8 2006
DENR - WPO ER QUALIFY
WETLANDS AND STORMWATFR RRANUI
Subject: Amended application for 404 Nationwide Permit to redirect 95-ft of an unnamed tributary
located in Cherokee County, NC
Dear Ian,
Per our conversation on this date, please find enclosed, (5) copies each of the following requested
documents:
1. U.S, Army Corps of Engineers General Permit Verification, Action No. SAW-2006-32540-320,
for a Number 39 Nationwide Permit.
2. Letter of Authorization for Daryll Newcomb\Pangaea Development Services to act as agent for
Rick Norton\Big Bear Corporation, LLC, in the acquisition of permits, etc. for the above
referenced project.
3. Page 12 of the application form, properly signed and dated
It was a pleasure talking with you and. I thank you for your assistance in this matter, Should you
require any additional information, please do not hesitate in contacting us here at Pangaea
Development Services [phone].
Respectfully,
Mac Mar?tin
Land Development Design Team
Pangaea Development Services
Pangaea Development Services
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-32540-320 County: Cherokee USGS Quad: Murphy
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Rick Norton
Address: 219 Norton Pond
Murphy, North Carolina 28906
Telephone No.: 828-361-2996
Size and location of property (water body, road name/number, town, etc.): an unnamed tributary to the
Hiwassee River flowing throueh a 7.6 acre tract located off of US Hiehway 19/129/64 in Murphy,
NC.
Description of projects area and activity: to rill/culvert 95 linear feet of an unnamed tributary in
conjunction with a commercial site development
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, those outlined in the attached July 12, 2006 NC Wildlife Resources
Commission letter, and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (I2) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NW.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David Baker at 828-271-7980 x231.
Corps Regulatory Official David Baker Date: Julv 12, 2006 ?,.,
Expiration Date of Verification: March 18, 2007 p 0 FIJI ??LP-
Copy Furnished: S E P 1 8 2006
Daryll Newcomb, Pangaea Development Services, 156 Sandstone Lane, Murphy, NC 28906
WATER I
WETIANUS AND ST(RMW TFRBRAN
PANGAEA 0EVEL0PIIEN7- SEPVlGES
LAND DEVELOPMEN7- -F EP0510N GOWPOL Vf516N
l56 5and---Wonr Lar>- Murphy, North Garohna 28906
[phone] Maryll Newcoflh)
September 12, 2006
Big Bear Corporation
219 Norton Pond
Murphy, NC 28906
Subject: 7.58 Commercial Development Property
Agent Assignment
n? Ica V7
U1!
S E P 1 8 2006
JENR - WAI ER QUALITY
WEIIANDS AND STnRMWAM BRANCH
Please consider this my authorization letter, assigning Pangaea Development Corporation as the "Agent" for
the subject project for the purpose of procuring all associated US Army Corp of Engineers and/or NC
Division of Water Quality its and certifications that may be required for this project.
/J
Land Owner: / /
Orton - Big Bear Corporation
Assigned Agent:
Daryl a mb - Pangaea Development Services
Date: &//t,
Date: /`3 p
On this the day of?' e. in , before me
i t7? c,? a.-G! /loo.- t?,-?
the undersigned Notary Public, personally appeared ,Z? a -:X // life .:? proved to me through
satisfactory evidence of identity, which was/were d?G -D,, 1e,-,.t / • r -r vs-e
to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged
to me that he/she/they signed it voluntarily for its stated purpose(.)
Notary Public: 1-7 My commission expires(
OFFICIAL SEAL
Not P bl?, North Carolina
PanSa
,4 P ?rokee
CAROLYN MINTZ
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.
Of the total 7.580 acres, 7.576 acres will be left undisturbed (impervious) Please refer to
the enclosed Dian drawings and narrative.
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.
N/A
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 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://112o.enr.state.nc.us/ncwctlands. 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).
Page 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-32540-320 County: Cherokee USGS Quad: Murphy
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Rick Norton
Address: 219 Norton Pond
Murphy, North Carolina 28906
Telephone No.: 828-361-2996
Size and location of property (water body, road name/number, town, etc.): an unnamed tributary to the
Hiwassee River flowing through a 7.6 acre tract located off of US Highway 19/129/64 in Murphy,
NC.
Description of projects area and activity: to fill/culvert 95 linear feet of an unnamed tributary in
conjunction with a commercial site development
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, those outlined in the attached July 12, 2006 NC Wildlife Resources
Commission letter, and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvaWpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David Baker at 828-271-7980 x231.
Corps Regulatory Official David Baker Date: July 12, 2006
Expiration Date of Verification: March 18, 2007p'? ?Ii?
1?U( 4 1
Copy Furnished: S E P 1 & 2006
Daryll Newcomb, Pangaea Development Services, 156 Sandstone Lane, Murphy, NC 28906
DENR - WATER OUALI7Y
VVETLAND,S A14D STORMWATER MAO
PANGAEA DEVELOPMENT -'5ERV/GE5
I-AND DEVELOPMENT ff EPO51ON GONTPOL DE516N
/56 5and-,!51onr Lance Murphy, Nodh Garolino 28906
[phone] (Daryll Newcomb)
September 12, 2006
Big Bear Corporation
219 Norton Pond
Murphy, NC 28906
5 E ?' 1 2006
Subject: 7.58 Commercial Development Property
Agent Assignment OL-IVk - WAVER QUAU VY
WETLANDS AND STORMWATM BRAWI
Please consider this my authorization letter, assigning Pangaea Development Corporation as the "Agent" for
the subject project for the purpose of procuring all associated US Army Corp of Engineers and/or NC
Division of Water Quality nits an cgrtifications that may be required for this project.
Land Owner:
- Big Bear Corporation
Assigned Agent:
Daryl a mb - Pangaea Development Services
Date:l
Date: 1'3 )0/"
On this the ZI day of e .n c?v qtr , before me
the undersigned Notary Public, personally appeared _?q,:y1/ /Ife La e-,,4, proved to me through
satisfactory evidence of identity, which was/were ` /C' rig.- r L c e vs-e
to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged
to me that he/she/they signed it voluntarily for its stated purpose(.)
Notary Public: My commission expire*,:.j> e,- -, e -
OFFICIAL SEAL
O
No Carolina
PanSa
.4 P ?rokee
CAROLYN MINTZ
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.
Of the total 7.580 acres, 7.576 acres will be left undisturbed (impervious) Please refer to
the enclosed plan drawings and narrative.
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.
N/A
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
Imp://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).
Page 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
J
W ATF9
Q6
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
September 11, 2006
DWQ Project No. 06-0924
Cherokee County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Rick Norton
219 Norton Pond
Murphy, North Carolina 28906
Subject Property: 7.58 Commercial Development
Crane Creek [040502, 1-58-11, C]
NOTICE OF WITHDRAWAL
Dear Mr. Norton:
On July 7, 2006 the Division of Water Quality (DWQ) received your unsigned and undated
revised Pre-Construction Notification (PCN) application to impact 95 linear feet of perennial
stream to "provide a stable area for future commercial development". On June 9, 2006, the
DWQ sent correspondence to you requesting additional information so that this Office could
continue to process your application. This requested information included the following:
Additional Information Requested.
Nationwide, Regional or General Permit Number
The PCNApplication failed to supply the Nationwide, Regional or General Permit
Number under I. Processing # 2. The US Army Corps of Engineers would have supplied
this item.
2. Agent/Applicant Signature
The PCNApplication was not signed and dated on page 12 by the Applicant/Agent.
Please note that the Agent's signature requires an authorization letter from the applicant
if the Agent is acting on behalf of the applicant. Please supply a signed original and 4
copies of page 12 of 12.
The above requested information was not included in your revised PCN application, and as
of today has not been received by the DWQ. Therefore, your file is hereby considered
withdrawn and will not be reviewed until the DWQ's earlier concerns are addressed. The
DWQ will require the additional information listed above in order to process an application
to impact protected wetlands, streams and/or protected riparian buffers on the subject
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: h_ptt •//h2o.enr.state nc us/ncwetlands
None Caro a
Mural;
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
101-
Mr. Rick Norton
Page 2 of 2
September 11, 2006
property. Once you have collected sufficient information to have a complete application you
will need to reapply for DWQ approval. This includes submitting a complete application
package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for
this activity and any work done within waters of the state would be a violation of North
Carolina General Statuses and Administrative Code. Please call Ms. Cyndi Karoly or Mr.
Ian McMillan at 919-733-1786 if you have any questions or concerns.
Since ly,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Daryll Newcomb, Pangaea Development Services, 156 Sandstone Lane, Murphy, NC 28906
Filename: 060924_7.58Commercia[Dev(Cherokee) W ithdrawn

DWQ 0675W 7.58 Commercial Development
Subject: DWQ 06-0924 7.58 Commercial Development
From: Laurie Dennison <[e-mail]>
Date: Mon, 11 Sep 2006 11:08:32 -0400
To: [e-mail]
Please see attached the Division of Water Quality's correspondence related to your
recent application. Please note that this message is being forwarded to you
electronically. Please do not send any response as a reply to this e-mail or via
fax. The hard copy is being sent via US Mail. All response correspondence is to be
mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree
Blvd., Raleigh, NC, 27604 unless otherwise noted.
060924_7.58CommercialDev(Cherokee)Withdrawn.doc Content-Type: application/msword
Content-Encoding: base64
I of 1 9/11/2006 11:08 AM
IL
O?OF W ATF9QG Michael F. Easley, Governor
Cj William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O ,C Alan W. Klimek, P.E. Director
Division of Water Quality
June 9, 2006
DWQ # 06-0924
Cherokee County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Rick Norton
219 Norton Pond
Murphy, North Carolina 28906
Subject Property: 7.58 Commercial Development
Application Permitting Number, Water Body Information, No Signature
REQUEST FOR MORE INFORMATION
Dear Mr. Norton:
On June 2, 2006 the Division of Water Quality (DWQ) received your application that reflected stream
impacts for 7.58 Commercial Development project. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Please provide the following information so that we may set up and review your
project.
Additional Information Requested:
1. Nationwide, Regional or General Permit Number
The PCN Application failed to supply the Nationwide, Regional or General Permit Number
under I. Processing # 2. The US Army Corps of Engineers would have supplied this item.
2. Water Body Information
You have proposed impacts to streams, but have not stated the nearest receiving body of water
(stream/river/sound/ocean/lake); see 111. Project Information, Item 7.
3. Agent/Applicant Signature
The PCN Application was not signed and dated on page 12 by the Applicant/Agent. Please note
that the Agent's signature requires an authorization letter from the applicant if the Agent is
acting on behalf of the applicant. Please supply a signed original and 4 copies of page 12 of 12.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state. nc.us/ncwetlands
Nor` hCarol'na
NWA(Ml1y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Please contact the DWQ within three weeks,of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd
cc: Pangaea Development Services, Daryll Newcomb, 156 Sandstone Ln, Murphy, NC 28906
File Copy
Central File
Filename: 060924_7.58CommerelalDev(Cherokee)_Incomplete Appl
o?pF W ATFRQG
CA rte..
Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.F.. Director
Division of Water Quality
June 6, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Rick Norton
219 Norton Road
Murphy, NC 28906
Subject Property: 7.58 Commercial Project
Murphy, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Norton:
mo - ogay,
DWQ Project
Cherokee County
7005 0390 00013552 9920
c ? ? ra n?Rf'? `}
JUN 1 `? [quo
DENR • W,?TR 061Ai IY ?t r
votma ?,NO iii * AWWIK
On June 2, 2006, the Asheville Regional Office of the Division of Water Quality (DWQ)
received a copy of your application to impact 250 linear feet of streams to construct the
proposed 7.58 Commercial Project. The DWQ has determined that you must provide a
formal application (with processing fee) in accordance with 15A NCAC 02H .0500 and
the conditions of the Water Quality General Certification # 3402. Additionally, the DWQ
will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we
receive the additional information requested below, proceeding with your project, as
presented in your submitted application, will result in Violations of North Carolina Water
Quality Standards and Violations of North Carolina General Statutes. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Water Quality Certification
You have proposed impacts to streams, but have not stated which 404 Permit or
401 Water Quality Certification you intend to use to impact these streams. Please
state which permit and certification you intend to you. You may want to contact the
U.S. Army Corps of Engineers (USACE) to determine which permit they will allow
you to use. Please state which Permit (Nationwide, Regional or General) number
you intend to use.
2. Project Information
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://h2o,enr.state.nc.us/ncwetlands
NocthCarolina
Natum!!//
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Rick Norton
Page 2 of 3
June 6, 2006
Under Section III. 10, of your submitted application, you indicate that 250 linear
feet of streams will be relocated. Under Section VI of your submitted application,
you indicate that a total of 450 linear feet of streams will be relocated and
culverted. Clarification of the total impacts and relocations must be included in
Section III. 10.
3. Proposed Impacts
Under Section VI 1 of your submitted application, you have neglected to provide a
written description of the proposed impacts. A complete and thoughtful discussion
of the proposed impacts must be included as part of your application.
4. Impact Justification ,(Avoidance and Minimization)
Under Section VII of your application you did not provide a "justification" for the
impacts as requested within this section. A description of the impacts is not a
"justification" of impacts. Your "justification" must include a description as to how
impacts were avoided or minimized in the layout of the development of this site.
5. Mitigation
Under Section VIII 1 of your submitted application, you state that no mitigation is
required. Under the first paragraph of the instructions in this section, it is stated
that mitigation may be required for all impacts incurred in a project, which exceeds
150 linear feet of total impacts. As you have previously stated that there will be
450 linear feet of impacts associated with this project, mitigation (and possibly an
Individual Permit Application) is required.
As there are now site plans for the development of this site, it is difficult for the Division of
Water Quality to determine the need for these impacts. There is no mechanism for
impacts related to speculative development in the current permitting scheme.
Please respond within ten business days of the date of this letter by sending this
information to me in writing and to Ms. Cyndi Karoly of the DWQ 401 Central Office. If
we do not hear from you within ten business days, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.
Rick Norton
Page 3 of 3
June 6, 2006
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Kevin
Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
J R Dlkhb
cc: Cyndi Karoly, DWQ 401 Central Office
David Baker, USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commision
File Copy
Central Files
Filename: RickNorton.Cherokee.Addinfo
' r)0 X24
PANGAEA VEVEL-OPMENT SFPVlGES
/-AND DEVELOPMENT ff EPO-'510N GONTPOL DE516N
North Carotin Division Of Water Ouatity;
Pangaea nevelopment services recently submitted Applications for dick Norton
\ Cherokee County which were mailed on 05/ 31/ 06 for the 1, 58 acres,
200' CMP
We are sendinq you this letter to let you know that the check for
your services faded to go out with the applications,
The check for the amount of Four Hundred and Seventy Five dollars will be
mailed promptly on 06101/ 06.
We are very sorry for any inconvienence this might have caused you and we
greatly appreciate your patience in this matter,
5lncerly,
naryll Newcomb
w

JUN - ?? 2006
t itMANCH
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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:
Nationwide
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: ?
U r _-, 3
II. Applicant Information
1. Owner/Applicant Information JUN 2 2006
Name: Rick Norton
Mailing Address: 219 Norton Pond wErLANnce: WATER QUALi71
Murphy, NC ERi3MVCH
28906
Telephone Number: 828-361-2996 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: Darvll Newcomb
Company Affiliation: Pangaea Devlopment Services
Mailing Address: 156 Sandstone Lane
Murphy, NC 28906
Telephone Number: 828-644-0773 Fax Number: 828-644-0773
E-mail Address: [e-mail]
Page 5 of 12
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 l l 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: 7.58 Commercial
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4570144443320000
4. Location
County: Cherokee Nearest Town: Murphy, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take US Hwy. 19/129/64, West of Murphy, Project site is approx. 2.0 miles on left,
adjacent to, and westerly of the Rib County Restaurant.
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): 35.065983 ON 84.058250 °W
6. Property size (acres): 7.58 acres
7. Name of nearest receiving body of water: NSA
River Basin: Hiawassee River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 property is unpopulated except for two empty dwellings (previously used
commercially) on site. The surrounding land use is a mix of residential and
commercial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The oroiect entails the redirection of approx. 250ft. of an previously culverted exist.
un-namea tributary ( A contractor nas not peen seiectea yet, tnererore, the equipmer
is not known. However, a trackhoe and bulldozer will be used. (see site plan for
11. Explain the purpose of the proposed work:
To provide a stable area for future commercial development.
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.
No future permits are expected to be required for this project, except local city water
and sewer permits.
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.
1. Provide a written description of the proposed impacts: N/A
Page 7 of 12
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
e no) Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
N/A

- --
-
----
- -- ----
--
----
-
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, 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 Impact Impact
Length
linear feet Area of
Impact
acres
1 un-named Relocation -r2 feet 250 feet 0.021

un-named New Culvert perennial - feet 200 feet 0.009

Total Stream Impact (by length and acreage) 450 feet .021 ac
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.
Open Water Impact
Site Number
(indicate on ma Name of Watcrbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres) 0 ac.
Page 8 of 12
List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021 ac.
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
0-021 ar--
Total Stream Impact (linear feet): 450'
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.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
The planned commercial development reqUires re-derection of existing previOL'Sly
culverted tributary Redirection will provide minimum impact for fi it, ire development
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.
Page 9 of 12
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 Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htm1.
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.
No mitigation is believed to be required on this project.
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.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):
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):
Pap 10 of 12
IX. 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 ?
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.
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 )? Yes ? No N
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 Required
Zone* I I, Multiplier 1k.:.:_...:__
3 (2 for Catawba)
1.5
Total
* Zone I 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 2B .0242 or .0244, or .0260. N/A
Page 11 of 12
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.
Of the total 7.58 acres, 7.54 acres will be left undisturbed (impervious) Please refer to th
enclosed plan drawings and narrative.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No N
Is this an after-the-fact permit application? Yes ? No N
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 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/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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROPOSED 16" CULVERT INSTALLATION
PROPOSED IMPACTS TO WATERS/STREAMS
AND DETAILED DESCRIPTION OF PROPOSED WORK
1) This scope of this proposed project encompasses the installation of a 16" diameter
x 200' long section of culvert in order to redirect an existing tributary(un-named
by the North Carolina Department of Water Quality) which is part of the
Hiawassee Water Basin, and is located in Cherokee County, NC. The project site
is delineated on the enclosed Vicinity Map.
2) This tributary has a springhead in a concrete box upstream approximately 20'
from the proposed culvert inlet. Two existing 8" plastic corrugated pipes and one
16" corrugated metal pipe culvert on the adjacent property deposit storm water
into the tributary. There is an existing 36" corrugated metal pipe DOT storm
drain outlet approximately 10' easterly of the proposed culvert outlet. From the
springhead upstream, the existing tributary runs through an undisturbed wooded
slope populated by trees, shrubs and vegetation common to the surrounding, and
on to an open commercial site with only scattered grasses, and into an existing
16" culvert. From our observation, this tributary appears to be a stable
aquatic/vegetative habitat. We believe that this tributary would not be deemed a
wetlands area based upon our field observations. No swamp grass, invertebrates
or fish of any sort were noted during our field observations. Based upon these
factors, we feel that the impact on this tributary by the work proposed herein, and
as detailed on the accompanying drawings, would be minimal and pose no
significant detrimental affects to the tributary's overall health. We, therefore,
believe that no tributary mitigation would be required.
3) The area of the proposed culvert installation is detailed on the enclosed
photographs. Temporary re-routing of the tributary will be accomplished by the
use of a bypass pumping system as detailed below and as outlined on Drawing
No. 002.
4) Approximately 200 feet downstream (westerly) from the proposed culvert outlet
is a 36" corrugated metal pipe culvert with a concrete end wall that was
previously installed by the NC DOT during the course of US Hwy. 19/74/64/129
improvements. The highway is currently a four-lane facility. The culverts run
from its inlet on the southerly side of the highway to some point on the northerly
side of said highway.
5) The existing 16" diameter culvert (see #2, above) is being utilized to direct the
tributary's flow northwesterly (underground) to a point southeasterly of the above
referenced NCDOT 36" culvert. This existing 16" culvert will be deactivated
Pangaea Development Services
during the new culvert installation, and will be removed in the future to facilitate
commercial development of the site.
6) The equipment to be utilized for excavation and installation for all of the
proposed work, as described herein, is still unknown, as a Contractor has not yet
been selected to perform the work. However, in general, it is anticipated that all
work will be performed with a Trackhoe. In addition, a Power Seeder and Hay
Blower will be utilized.
7) It is proposed that by-pass pumping be utilized to provide the necessary de-
watering and to divert any water coming from the upstream portion of the
tributary and the off site storm drains. The inlet pipe for the by-pass pumping
shall be placed in the existing tributary, between the pipe outlets, and the
proposed permanent coffer dam. The by-pass pumping unit shall be capable of
receiving and discharging any and all waters discharged from the aforementioned
tributary, and culverts. The coffer dam shall be constructed and lined with a
geosynthetic membrane to minimize the release of any disturbed sedimentation
from it. Once the by-pass pumping and the coffer dam have been placed into
service, the excavation work on the culvert installation can begin. In doing so,
any upstream flow shall be redirected by the pass pumping operation, and thus
will provide a no-flow, dewatered condition for excavation and culvert
installation purposes.
8) Materials excavated to facilitate the culvert installation shall be placed in an area
an adequate distance away from the tributary to prevent it from re-entering the
tributary. This excavated material may be utilized for backfill around the new
culvert based upon its consistency. It must be free of stones larger than 3"
diameter, frozen lumps, highly plastic clay, organic matter, corrosive material or
other deleterious foreign materials.
9) The new proposed 200' long x 16" diameter culvert shall then be installed between
the northern side of the coffer dam, and the southern side of the existing NC DOT
storm drainage ditch. (see #2, above)
10) The banks shall be excavated to a depth of approximately 12 inches below the
new culvert centerline grade to allow for the installation of the new 16"
corrugated metal pipe (ASTM A929), and to allow the pipe to be properly
embedded. The new culvert bed shall be prepared for a slope relative to the grade
stakes previously placed on site at the excavation area based on field
measurements of the existing natural slope. This is to insure that the existing
tributary grade and slope are mimicked by the new culvert.
11) Upon completion of the excavation, uneven or rocky surfaces shall be leveled
with fine granular fill to a depth of 6 inches prior to the placing of any culvert
sections.
Pangaea Development Services
12) All side walls of the excavated culvert area shall be verified to be stable.
13) A pipe sling shall be used to place each section of the new culvert into place. The
culvert SHALL NOT be placed with a bucket and thumb setup on an excavator.
Each section of the culvert shall be lowered into place and its corresponding
slope/grade verified at each end to be equal to the aforementioned grade stakes
and their relative elevations prior to the next section being placed and securely
fastened to its predecessor.
14) Once all section have been placed and attached securely, the slope from inlet to
outlet shall be verified to be correct prior to any backfilling operation. The trench
shall then be backfilled in graduated levels of 6-12" lifts, each of which shall be
individually compacted. The backfill shall also be compacted around the
haunches to within 3 feet of each end of the culvert. The backfill will proceed
until the top of the finished grade is a minimum of 2' above the top of the culvert
and on a camber (raised "hump") to the surrounding grade. A temporary berm
shall then be created at the limits of compacted fill (approximately -3 feet in from
both inlet and outlet of the culvert) to prevent runoff of the fill from entering the
tributary.
15) Following installation of the culvert, a stone dispersion apron shall be constructed
at the downstream of the culvert outlet to reduce any potential increase of velocity
in the existing storm drainage ditch. It shall consist of either clean-surface or
native bank stone having a mean diameter of 6-9 inches as detailed on drawing
No. 003 It shall be placed so as to adequately disperse any flow into the existing
storm drainage ditch without causing scouring or undermining the existing ditch
bottom or associated bank.
16) Once all work on the new culvert has been completed, a portion of the coffer dam
shall be removed to allow all water to flow into the inlet end of the new culvert.
Special care shall be taken to insure the complete deactivation of the existing
tributary bed adjacent and down stream of the coffer dam.
17) Once this phase is completed, the by-pass pumping will be removed to allow the
normal stream flow to pass through the new culvert. Natural flow shall then be
verified through the new culvert.
18) The entire disturbed area shall then be seeded and covered with hay. Silt fencing
shall be installed, as shown on Drawing No. 003, around the perimeter of the new
culvert and dispersion apron to minimize any sediment runoff from entering the
tributary.
19) All foreign materials shall then be removed from site and any natural rock utilized
in the construction process redistributed
Pangaea Development Services
20) The estimated construction schedule for this work is estimated to require (4) 9
hours days of work or less
Pangaea Development Services
"COMMERCIAL 7.58AC"
PROPOSED WORK DESCRIPTION
The proposed work included installation of a 200 foot corrugated metal pipe culvert to
redirect a portion of an un-named tributary, and three storm drains to facilitate the
removal of an existing 16" pipe (corrugated metal and corrugated pvc) which currently
directs a portion of the existing tributary diagonally across the site. The work will also
include the backfilling\cover-up of that portion of said tributary lying between the area of
the aforementioned proposed culvert inlet and the existing culvert.
PROPOSED LAND USE DESCRIPTION
This request is being made to allow for future commercial development of the site.
The redirection is needed in order to facilitate the creation of level site pads.
Note: A separate Erosion and Sedimentation Control Plan shall be prepared and
submitted to NCDENR for approval and implementation in order to comply with the
North Carolina Sedimentation Pollution Control act of 1973 for all future work to be
performed on this site.
Pangaea Development Services

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Office Use Only: Form Versio&March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
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: Nationwide
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: ?
Q
c?Q?
Owner/Applicant Information
Name: Rick Norton 1'? 2 2006 Mailing Address: 219 Norton Pond
Murphy, NC nl:NR - -1=T-Y
28906 WETLANDS AND sroRMWATER BRANCH
Applicant Information
Telephone Number: 828-361-2996 Fax Number:
E-mail Address:
Company Affiliation: Pangaea Devlopment Services
Mailing Address: 156 Sandstone Lane
Murphy, NC 28906
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: Daryll Newcomb
Telephone Number: 828-644-0773 Fax Number: 828-644-0773
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of nroiect: 7.58 Commercial
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4570144443320000
4. Location
County: Cherokee Nearest Town: Murphy, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take US Hwy. 19/129/64, West of Murphy, Project site is approx. 2.0 miles on left,
adjacent to, and westerly of the Rib County Restaurant.
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): 35.065983 ON 84.058250 OW
6. Property size (acres): 7.58 acres
7. Name of nearest receiving body of water: NW
8. River Basin: Hiawassee River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 property is unpopulated except for two empty dwellings (previously used
commercially) on site. The surrounding land use is a mix of residential and
commercial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project entails the redirection of approx. 250ft. of an previously culverted exist.
un-named tributary ( A contractor has not been selected yet, therefore, the equipment
is not known. However, a trackhoe and bulldozer will be used. (see site plan for
11. Explain the purpose of the proposed work:
To provide a stable area for future commercial development.
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.
No future permits are expected to be required for this project, except local city water
and sewer nermits_
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.
1. Provide a written description of the proposed impacts: N/A
Page 7 of 12
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
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
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 Impact Impact
Length
linear feet Area of
Impact
acres
1 un-named -2 feet 250 feet 0.021

un-named New Culvert erennial -2 feet 200 feet 0.009

Total Stream Impact (by length and acreage) 450 feet .021 ac
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.
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

Total Open Water Impact (acres) 0 ac.
Page 8 of 12
List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021 ac.
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0-021 ac.
Total Stream Impact (linear feet): 450'
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.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
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 planned commercial development req, dres re-direction of existing previol isly
culverted trib, dary Redorection will provide minim, im impact for fi lb ire development
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.
Page 9 of 12
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 Technical Guide for Stream Work in North Carolina, available at
http://h2o.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.
No mitigation is believed to be required on this project.
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.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):
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):
Page 10 of 12
IX. 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 N
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 ?
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.
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 )? Yes ? No N
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 I Required
Zone* 1 ,,..,.._I- -, I Multiplier Ad7.]-]...
3 (2 for Catawba)
1.5
Total I I I
* Zone l extends out 30 feet perpendicular from the top of the near bank of channel; Lone .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 2B .0242 or .0244, or .0260. N/A
Page 11 of 12
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.
Of the total 7.58 acres, 7.54 acres will be left undisturbed (impervious) Please refer to the
enclosed plan drawings and narrative.
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.
N/A
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROPOSED 16" CULVERT INSTALLATION
PROPOSED IMPACTS TO WATERS/STREAMS
AND DETAILED DESCRIPTION OF PROPOSED WORK
1) This scope of this proposed project encompasses the installation of a 16" diameter
x 200' long section of culvert in order to redirect an existing tributary(un-named
by the North Carolina Department of Water Quality) which is part of the
Hiawassee Water Basin, and is located in Cherokee County, NC. The project site
is delineated on the enclosed Vicinity Map.
2) This tributary has a springhead in a concrete box upstream approximately 20'
from the proposed culvert inlet. Two existing 8" plastic corrugated pipes and one
16" corrugated metal pipe culvert on the adjacent property deposit storm water
into the tributary. There is an existing 36" corrugated metal pipe DOT storm
drain outlet approximately 10' easterly of the proposed culvert outlet. From the
springhead upstream, the existing tributary runs through an undisturbed wooded
slope populated by trees, shrubs and vegetation common to the surrounding, and
on to an open commercial site with only scattered grasses, and into an existing
16" culvert. From our observation, this tributary appears to be a stable
aquatic/vegetative habitat. We believe that this tributary would not be deemed a
wetlands area based upon our field observations. No swamp grass, invertebrates
or fish of any sort were noted during our field observations. Based upon these
factors, we feel that the impact on this tributary by the work proposed herein, and
as detailed on the accompanying drawings, would be minimal and pose no
significant detrimental affects to the tributary's overall health. We, therefore,
believe that no tributary mitigation would be required.
3) The area of the proposed culvert installation is detailed on the enclosed
photographs. Temporary re-routing of the tributary will be accomplished by the
use of a bypass pumping system as detailed below and as outlined on Drawing
No. 002.
4) Approximately 200 feet downstream (westerly) from the proposed culvert outlet
is a 36" corrugated metal pipe culvert with a concrete end wall that was
previously installed by the NC DOT during the course of US Hwy. 19/74/64/129
improvements. The highway is currently a four-lane facility. The culverts run
from its inlet on the southerly side of the highway to some point on the northerly
side of said highway.
5) The existing 16" diameter culvert (see #2, above) is being utilized to direct the
tributary's flow northwesterly (underground) to a point southeasterly of the above
referenced NCDOT 36" culvert. This existing 16" culvert will be deactivated
Pangaea Development Services
during the new culvert installation, and will be removed in the future to facilitate
commercial development of the site.
6) The equipment to be utilized for excavation and installation for all of the
proposed work, as described herein, is still unknown, as a Contractor has not yet
been selected to perform the work. However, in general, it is anticipated that all
work will be performed with a Trackhoe. In addition, a Power Seeder and Hay
Blower will be utilized.
7) It is proposed that by-pass pumping be utilized to provide the necessary de-
watering and to divert any water coming from the upstream portion of the
tributary and the off site storm drains. The inlet pipe for the by-pass pumping
shall be placed in the existing tributary, between the pipe outlets, and the
proposed permanent coffer dam. The by-pass pumping unit shall be capable of
receiving and discharging any and all waters discharged from the aforementioned
tributary, and culverts. The coffer dam shall be constructed and lined with a
geosynthetic membrane to minimize the release of any disturbed sedimentation
from it. Once the by-pass pumping and the coffer dam have been placed into
service, the excavation work on the culvert installation can begin. In doing so,
any upstream flow shall be redirected by the pass pumping operation, and thus
will provide a no-flow, dewatered condition for excavation and culvert
installation purposes.
8) Materials excavated to facilitate the culvert installation shall be placed in an area
an adequate distance away from the tributary to prevent it from re-entering the
tributary. This excavated material may be utilized for backfill around the new
culvert based upon its consistency. It must be free of stones larger than 3"
diameter, frozen lumps, highly plastic clay, organic matter, corrosive material or
other deleterious foreign materials.
9) The new proposed 200' long x 16" diameter culvert shall then be installed between
the northern side of the coffer dam, and the southern side of the existing NC DOT
storm drainage ditch. (see #2, above)
10) The banks shall be excavated to a depth of approximately 12 inches below the
new culvert centerline grade to allow for the installation of the new 16"
corrugated metal pipe (ASTM A929), and to allow the pipe to be properly
embedded. The new culvert bed shall be prepared for a slope relative to the grade
stakes previously placed on site at the excavation area based on field
measurements of the existing natural slope. This is to insure that the existing
tributary grade and slope are mimicked by the new culvert.
11) Upon completion of the excavation, uneven or rocky surfaces shall be leveled
with fine granular fill to a depth of 6 inches prior to the placing of any culvert
sections.
Pangaea Development Services
12) All side walls of the excavated culvert area shall be verified to be stable.
13) A pipe sling shall be used to place each section of the new culvert into place. The
culvert SHALL NOT be placed with a bucket and thumb setup on an excavator.
Each section of the culvert shall be lowered into place and its corresponding
slope/grade verified at each end to be equal to the aforementioned grade stakes
and their relative elevations prior to the next section being placed and securely
fastened to its predecessor.
14) Once all section have been placed and attached securely, the slope from inlet to
outlet shall be verified to be correct prior to any backfilling operation. The trench
shall then be backfilled in graduated levels of 6-12" lifts, each of which shall be
individually compacted. The backfill shall also be compacted around the
haunches to within 3 feet of each end of the culvert. The backfill will proceed
until the top of the finished grade is a minimum of 2' above the top of the culvert
and on a camber (raised "hump") to the surrounding grade. A temporary berm
shall then be created at the limits of compacted fill (approximately -3 feet in from
both inlet and outlet of the culvert) to prevent runoff of the fill from entering the
tributary.
15) Following installation of the culvert, a stone dispersion apron shall be constructed
at the downstream of the culvert outlet to reduce any potential increase of velocity
in the existing storm drainage ditch. It shall consist of either clean-surface or
native bank stone having a mean diameter of 6-9 inches as detailed on drawing
No. 003 It shall be placed so as to adequately disperse any flow into the existing
storm drainage ditch without causing scouring or undermining the existing ditch
bottom or associated bank.
16) Once all work on the new culvert has been completed, a portion of the coffer dam
shall be removed to allow all water to flow into the inlet end of the new culvert.
Special care shall be taken to insure the complete deactivation of the existing
tributary bed adjacent and down stream of the coffer dam.
17) Once this phase is completed, the by-pass pumping will be removed to allow the
normal stream flow to pass through the new culvert. Natural flow shall then be
verified through the new culvert.
18) The entire disturbed area shall then be seeded and covered with hay. Silt fencing
shall be installed, as shown on Drawing No. 003, around the perimeter of the new
culvert and dispersion apron to minimize any sediment runoff from entering the
tributary.
19) All foreign materials shall then be removed from site and any natural rock utilized
in the construction process redistributed
Pangaea Development Services
20) The estimated construction schedule for this work is estimated to require (4) 9
hours days of work or less
Pangaea Development Services
"COMMERCIAL 7.58AC"
PROPOSED WORK DESCRIPTION
The proposed work included installation of a 200 foot corrugated metal pipe culvert to
redirect a portion of an un-named tributary, and three storm drains to facilitate the
removal of an existing 16" pipe (corrugated metal and corrugated pvc) which currently
directs a portion of the existing tributary diagonally across the site. The work will also
include the backfilling\cover-up of that portion of said tributary lying between the area of
the aforementioned proposed culvert inlet and the existing culvert.
PROPOSED LAND USE DESCRIPTION
This request is being made to allow for future commercial development of the site.
The redirection is needed in order to facilitate the creation of level site pads.
Note: A separate Erosion and Sedimentation Control Plan shall be prepared and
submitted to NCDENR for approval and implementation in order to comply with the
North Carolina Sedimentation Pollution Control act of 1973 for all future work to be
performed on this site.
Pangaea Development Services
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. t) 0 Q
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: Nationwide
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: ?
r
II. Applicant Information o'er I * 0
1. Owner/Applicant Information JUN 2 2006
Name: Rick Norton
Mailing Address: 219 Norton Pond WERMosANo STS. ".UUA?;Iy
Murphy, NC HRWH
28906
Telephone Number: 828-361-2996 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: Darvll Newcomb
Company Affiliation: Pangaea Devlopment Services
Mailing Address: 156 Sandstone Lane
Murphy, NC 28906
Telephone Number: 828-644-0773 Fax Number: 828-644-0773
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 7.58 Commercial
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4570144443320000
4. Location
County: Cherokee Nearest Town: Murphy, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take US Hwy. 19/129/64, West of Murphy, Project site is approx. 2.0 miles on left,
adjacent to, and westerly of the Rib County Restaurant.
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): 35.065983 ON 84.058250 ow
6. Property size (acres): 7.58 acres
7. Name of nearest receiving body of water: NSA
8. River Basin: Hiawassee River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 property is unpopulated except for two empty dwellinas (previously used
commerciallv) on site. The surroundina land use is a mix of residential and
commercial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project entails the redirection of approx. 250ft. of an previously culverted exist.
un-named tributary ( A contractor has not been selected yet, therefore, the equipment
is not known. However, a trackhoe and bulldozer will be used. (see site plan for
11. Explain the purpose of the proposed work:
To provide a stable area for future commercial development.
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.
No future permits are expected to be required for this projert, except local city water
and sewer nPrmits_
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.
1. Provide a written description of the proposed impacts: N/A
Page 7 of 12
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 impacts 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
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
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 Impact Impact
Length
linear feet Area of
Impact
acres
1 un-named -2 feet 250 feet 0.021

un-named New Culvert perennial - feet 200 feet .009

Total Stream Impact (by length and acreage) 450 feet .021 ac
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.
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

Total Open Water Impact (acres) 0 ac.
Page 8 of 12
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0.021
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
0-021 ac-
Total Stream Impact (linear feet): 450'
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.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
The planned commercial development requires re-direction of existing previously
culverted tdbutary Redirection well provide miniml im impact for fi lb ire development
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.
Page 9 of 12
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 Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/Strm?,,ide.htm1.
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.
No mitigation is believed to be required on this project.
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.enr.state.nc.us/wry/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):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate/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 ?
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
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? 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.
I Zone* I Impact I Multiplier I Required
(sauare feet) Mitieation
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.
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
Page 11 of 12
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.
Of the total 7.58 acres, 7.54 acres will be left undisturbed (impervious) Please refer to th
and narrative.
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.
N/A
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/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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROPOSED 16" CULVERT INSTALLATION
PROPOSED IMPACTS TO WATERS/STREAMS
AND DETAILED DESCRIPTION OF PROPOSED WORK
1) This scope of this proposed project encompasses the installation of a 16" diameter
x 200' long section of culvert in order to redirect an existing tributary(un-named
by the North Carolina Department of Water Quality) which is part of the
Hiawassee Water Basin, and is located in Cherokee County, NC. The project site
is delineated on the enclosed Vicinity Map.
2) This tributary has a springhead in a concrete box upstream approximately 20'
from the proposed culvert inlet. Two existing 8" plastic corrugated pipes and one
16" corrugated metal pipe culvert on the adjacent property deposit storm water
into the tributary. There is an existing 36" corrugated metal pipe DOT storm
drain outlet approximately 10' easterly of the proposed culvert outlet. From the
springhead upstream, the existing tributary runs through an undisturbed wooded
slope populated by trees, shrubs and vegetation common to the surrounding, and
on to an open commercial site with only scattered grasses, and into an existing
16" culvert. From our observation, this tributary appears to be a stable
aquatic/vegetative habitat. We believe that this tributary would not be deemed a
wetlands area based upon our field observations. No swamp grass, invertebrates
or fish of any sort were noted during our field observations. Based upon these
factors, we feel that the impact on this tributary by the work proposed herein, and
as detailed on the accompanying drawings, would be minimal and pose no
significant detrimental affects to the tributary's overall health. We, therefore,
believe that no tributary mitigation would be required.
3) The area of the proposed culvert installation is detailed on the enclosed
photographs. Temporary re-routing of the tributary will be accomplished by the
use of a bypass pumping system as detailed below and as outlined on Drawing
No. 002.
4) Approximately 200 feet downstream (westerly) from the proposed culvert outlet
is a 36" corrugated metal pipe culvert with a concrete end wall that was
previously installed by the NC DOT during the course of US Hwy. 19/74/64/129
improvements. The highway is currently a four-lane facility. The culverts run
from its inlet on the southerly side of the highway to some point on the northerly
side of said highway.
5) The existing 16" diameter culvert (see #2, above) is being utilized to direct the
tributary's flow northwesterly (underground) to a point southeasterly of the above
referenced NCDOT 36" culvert. This existing 16" culvert will be deactivated
Pangaea Development Services
during the new culvert installation, and will be removed in the future to facilitate
commercial development of the site.
6) The equipment to be utilized for excavation and installation for all of the
proposed work, as described herein, is still unknown, as a Contractor has not yet
been selected to perform the work. However, in general, it is anticipated that all
work will be performed with a Trackhoe. In addition, a Power Seeder and Hay
Blower will be utilized.
7) It is proposed that by-pass pumping be utilized to provide the necessary de-
watering and to divert any water coming from the upstream portion of the
tributary and the off site storm drains. The inlet pipe for the by-pass pumping
shall be placed in the existing tributary, between the pipe outlets, and the
proposed permanent coffer dam. The by-pass pumping unit shall be capable of
receiving and discharging any and all waters discharged from the aforementioned
tributary, and culverts. The coffer dam shall be constructed and lined with a
geosynthetic membrane to minimize the release of any disturbed sedimentation
from it. Once the by-pass pumping and the coffer dam have been placed into
service, the excavation work on the culvert installation can begin. In doing so,
any upstream flow shall be redirected by the pass pumping operation, and thus
will provide a no-flow, dewatered condition for excavation and culvert
installation purposes.
8) Materials excavated to facilitate the culvert installation shall be placed in an area
an adequate distance away from the tributary to prevent it from re-entering the
tributary. This excavated material may be utilized for backfill around the new
culvert based upon its consistency. It must be free of stones larger than 3"
diameter, frozen lumps, highly plastic clay, organic matter, corrosive material or
other deleterious foreign materials.
9) The new proposed 200' long x 16" diameter culvert shall then be installed between
the northern side of the coffer dam, and the southern side of the existing NC DOT
storm drainage ditch. (see #2, above)
10) The banks shall be excavated to a depth of approximately 12 inches below the
new culvert centerline grade to allow for the installation of the new 16"
corrugated metal pipe (ASTM A929), and to allow the pipe to be properly
embedded. The new culvert bed shall be prepared for a slope relative to the grade
stakes previously placed on site at the excavation area based on field
measurements of the existing natural slope. This is to insure that the existing
tributary grade and slope are mimicked by the new culvert.
11) Upon completion of the excavation, uneven or rocky surfaces shall be leveled
with fine granular fill to a depth of 6 inches prior to the placing of any culvert
sections.
Pangaea Development Services
12) All side walls of the excavated culvert area shall be verified to be stable.
13) A pipe sling shall be used to place each section of the new culvert into place. The
culvert SHALL NOT be placed with a bucket and thumb setup on an excavator.
Each section of the culvert shall be lowered into place and its corresponding
slope/grade verified at each end to be equal to the aforementioned grade stakes
and their relative elevations prior to the next section being placed and securely
fastened to its predecessor.
14) Once all section have been placed and attached securely, the slope from inlet to
outlet shall be verified to be correct prior to any backfilling operation. The trench
shall then be backfilled in graduated levels of 6-12" lifts, each of which shall be
individually compacted. The backfill shall also be compacted around the
haunches to within 3 feet of each end of the culvert. The backf ill will proceed
until the top of the finished grade is a minimum of 2' above the top of the culvert
and on a camber (raised "hump") to the surrounding grade. A temporary berm
shall then be created at the limits of compacted fill (approximately -3 feet in from
both inlet and outlet of the culvert) to prevent runoff of the fill from entering the
tributary.
15) Following installation of the culvert, a stone dispersion apron shall be constructed
at the downstream of the culvert outlet to reduce any potential increase of velocity
in the existing storm drainage ditch. It shall consist of either clean-surface or
native bank stone having a mean diameter of 6-9 inches as detailed on drawing
No. 003 It shall be placed so as to adequately disperse any flow into the existing
storm drainage ditch without causing scouring or undermining the existing ditch
bottom or associated bank.
16) Once all work on the new culvert has been completed, a portion of the coffer dam
shall be removed to allow all water to flow into the inlet end of the new culvert.
Special care shall be taken to insure the complete deactivation of the existing
tributary bed adjacent and down stream of the coffer dam.
17) Once this phase is completed, the by-pass pumping will be removed to allow the
normal stream flow to pass through the new culvert. Natural flow shall then be
verified through the new culvert.
18) The entire disturbed area shall then be seeded and covered with hay. Silt fencing
shall be installed, as shown on Drawing No. 003, around the perimeter of the new
culvert and dispersion apron to minimize any sediment runoff from entering the
tributary.
19) All foreign materials shall then be removed from site and any natural rock utilized
in the construction process redistributed
Pangaea Development Services
20) The estimated construction schedule for this work is estimated to require (4) 9
hours days of work or less
Pangaea Development Services
"COMMERCIAL 7.58AC"
PROPOSED WORK DESCRIPTION
The proposed work included installation of a 200 foot corrugated metal pipe culvert to
redirect a portion of an un-named tributary, and three storm drains to facilitate the
removal of an existing 16" pipe (corrugated metal and corrugated pvc) which currently
directs a portion of the existing tributary diagonally across the site. The work will also
include the backfilling\cover-up of that portion of said tributary lying between the area of
the aforementioned proposed culvert inlet and the existing culvert.
PROPOSED LAND USE DESCRIPTION
This request is being made to allow for future commercial development of the site.
The redirection is needed in order to facilitate the creation of level site pads.
Note: A separate Erosion and Sedimentation Control Plan shall be prepared and
submitted to NCDENR for approval and implementation in order to comply with the
North Carolina Sedimentation Pollution Control act of 1973 for all future work to be
performed on this site.
Pangaea Development Services
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Office Use Only: Form Version March 05
00 9 2 4
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: Nationwide
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: Rick Norton JUN 2 2006
Mailing Address: 219 Norton Pond
Murphy, NC DENR - WATER QUAL11 Y
28906 nTSmRivWATER BRANGH
Telephone Number: 828-361-2996
E-mail Address:
Fax Number:
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: Darvll Newcomb
Company Affiliation: Pangaea Devlopment Services
Mailing Address: 156 Sandstone Lane
Murphy, NC 28906
Telephone Number: 828-644-0773 Fax Number: 828-644-0773
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project
7.58 Commercial
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4570144443320000
4. Location
County: Cherokee Nearest Town: Murphy, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take US Hwy. 19/129/64, West of Murphy, Project site is approx. 2.0 miles on left,
adjacent to, and westerly of the Rib County Restaurant.
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): 35.065983 ON 84.058250
6. Property size (acres): 7.58
7. Name of nearest receiving body of water: NSA
River Basin: Hiawassee River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr:state.nc.us/admin/maps/.)
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 property is unpopulated except for two empty dwellings (previously used
commercially) on site. The surrounding land use is a mix of residential and
commercial.
sheet that
ow
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project entails the redirection of approx. 250ft. of an previously culverted exist.
un-named tributary ( A contractor has not been selected yet, therefore, the equipment
is not known. However, a trackhoe and bulldozer will be used. (see site plan for
11. Explain the purpose of the proposed work:
To provide a stable area for future commercial development.
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.
No future permits are expected to be required for this proj ct except local city water
and Spwpr nPrmitS.
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.
Provide a written description of the proposed impacts:
N/A
Page 7 of 12
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
(linear feet) Area of
Impact
(acres)
N/A

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, 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 Impact Impact
Length
linear feet Area of
Impact
acres
1 un-named Relocatoon perennial -2 feet 250 feet 0.021

un-named New Culvert perennial --2 feet 200 feet 09

Total Stream Impact (by length and acreage) 450 feet .021 ac
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.
Open Water Impact
Site Number
(indicate on ma) Name Waterbody
(if applicable) e)
Type of Impact Type of Waterbody
(take' pand estuary' sound bay'
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres) 0 ac.
Page 8 of 12
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0.021 ac.
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0-021 ac.
Total Stream Impact (linear feet): 450'
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.):
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.
The planned commercial development reqi lires re-direction of existing previously
culverted tributary Redirection will provide minimum impact for fi lb ire development
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.
Page 9 of 12
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 Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm?,ide.htmI-
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.
No mitigation is believed to be required on this project.
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.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):
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):
Page 10 of 12
IX. 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 ?
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
(Meuse), 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 )? 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.
Impact I Required
Zone* I r-, Multiplier
3 (2 for Catawba)
1.5
Total
* Zone I 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 2B .0242 or .0244, or .0260. N/A
Page I I of 12
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.
Of the total 7.58 acres, 7.54 acres will be left undisturbed (impervious) Please refer to the
enclosed plan drawings and narrative.
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.
N/A
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROPOSED 16" CULVERT INSTALLATION
PROPOSED IMPACTS TO WATERS/STREAMS
AND DETAILED DESCRIPTION OF PROPOSED WORK
1) This scope of this proposed project encompasses the installation of a 16" diameter
x 200' long section of culvert in order to redirect an existing tributary(un-named
by the North Carolina Department of Water Quality) which is part of the
Hiawassee Water Basin, and is located in Cherokee County, NC. The project site
is delineated on the enclosed Vicinity Map.
2) This tributary has a springhead in a concrete box upstream approximately 20'
from the proposed culvert inlet. Two existing 8" plastic corrugated pipes and one
16" corrugated metal pipe culvert on the adjacent property deposit storm water
into the tributary. There is an existing 36" corrugated metal pipe DOT storm
drain outlet approximately 10' easterly of the proposed culvert outlet. From the
springhead upstream, the existing tributary runs through an undisturbed wooded
slope populated by trees, shrubs and vegetation common to the surrounding, and
on to an open commercial site with only scattered grasses, and into an existing
16" culvert. From our observation, this tributary appears to be a stable
aquatic/vegetative habitat. We believe that this tributary would not be deemed a
wetlands area based upon our field observations. No swamp grass, invertebrates
or fish of any sort were noted during our field observations. Based upon these
factors, we feel that the impact on this tributary by the work proposed herein, and
as detailed on the accompanying drawings, would be minimal and pose no
significant detrimental affects to the tributary's overall health. We, therefore,
believe that no tributary mitigation would be required.
3) The area of the proposed culvert installation is detailed on the enclosed
photographs. Temporary re-routing of the tributary will be accomplished by the
use of a bypass pumping system as detailed below and as outlined on Drawing
No. 002.
4) Approximately 200 feet downstream (westerly) from the proposed culvert outlet
is a 36" corrugated metal pipe culvert with a concrete end wall that was
previously installed by the NC DOT during the course of US Hwy. 19/74/64/129
improvements. The highway is currently a four-lane facility. The culverts run
from its inlet on the southerly side of the highway to some point on the northerly
side of said highway.
5) The existing 16" diameter culvert (see #2, above) is being utilized to direct the
tributary's flow northwesterly (underground) to a point southeasterly of the above
referenced NCDOT 36" culvert. This existing 16" culvert will be deactivated
Pangaea Development Services
during the new culvert installation, and will be removed in the future to facilitate
commercial development of the site.
6) The equipment to be utilized for excavation and installation for all of the
proposed work, as described herein, is still unknown, as a Contractor has not yet
been selected to perform the work. However, in general, it is anticipated that all
work will be performed with a Trackhoe. In addition, a Power Seeder and Hay
Blower will be utilized.
7) It is proposed that by-pass pumping be utilized to provide the necessary de-
watering and to divert any water coming from the upstream portion of the
tributary and the off site storm drains. The inlet pipe for the by-pass pumping
shall be placed in the existing tributary, between the pipe outlets, and the
proposed permanent coffer dam. The by-pass pumping unit shall be capable of
receiving and discharging any and all waters discharged from the aforementioned
tributary, and culverts. The coffer dam shall be constructed and lined with a
geosynthetic membrane to minimize the release of any disturbed sedimentation
from it. Once the by-pass pumping and the coffer dam have been placed into
service, the excavation work on the culvert installation can begin. In doing so,
any upstream flow shall be redirected by the pass pumping operation, and thus
will provide a no-flow, dewatered condition for excavation and culvert
installation purposes.
8) Materials excavated to facilitate the culvert installation shall be placed in an area
an adequate distance away from the tributary to prevent it from re-entering the
tributary. This excavated material may be utilized for backfill around the new
culvert based upon its consistency. It must be free of stones larger than 3"
diameter, frozen lumps, highly plastic clay, organic matter, corrosive material or
other deleterious foreign materials.
9) The new proposed 200' long x 16" diameter culvert shall then be installed between
the northern side of the coffer dam, and the southern side of the existing NC DOT
storm drainage ditch. (see #2, above)
10) The banks shall be excavated to a depth of approximately 12 inches below the
new culvert centerline grade to allow for the installation of the new 16"
corrugated metal pipe (ASTM A929), and to allow the pipe to be properly
embedded. The new culvert bed shall be prepared for a slope relative to the grade
stakes previously placed on site at the excavation area based on field
measurements of the existing natural slope. This is to insure that the existing
tributary grade and slope are mimicked by the new culvert.
11) Upon completion of the excavation, uneven or rocky surfaces shall be leveled
with fine granular fill to a depth of 6 inches prior to the placing of any culvert
sections.
Pangaea Development Services
12) All side walls of the excavated culvert area shall be verified to be stable.
13) A pipe sling shall be used to place each section of the new culvert into place. The
culvert SHALL NOT be placed with a bucket and thumb setup on an excavator.
Each section of the culvert shall be lowered into place and its corresponding
slope/grade verified at each end to be equal to the aforementioned grade stakes
and their relative elevations prior to the next section being placed and securely
fastened to its predecessor.
14) Once all section have been placed and attached securely, the slope from inlet to
outlet shall be verified to be correct prior to any backfilling operation. The trench
shall then be backfilled in graduated levels of 6-12" lifts, each of which shall be
individually compacted. The backfill shall also be compacted around the
haunches to within 3 feet of each end of the culvert. The backfill will proceed
until the top of the finished grade is a minimum of 2' above the top of the culvert
and on a camber (raised "hump") to the surrounding grade. A temporary berm
shall then be created at the limits of compacted fill (approximately -3 feet in from
both inlet and outlet of the culvert) to prevent runoff of the fill from entering the
tributary.
15) Following installation of the culvert, a stone dispersion apron shall be constructed
at the downstream of the culvert outlet to reduce any potential increase of velocity
in the existing storm drainage ditch. It shall consist of either clean-surface or
native bank stone having a mean diameter of 6-9 inches as detailed on drawing
No. 003 It shall be placed so as to adequately disperse any flow into the existing
storm drainage ditch without causing scouring or undermining the existing ditch
bottom or associated bank.
16) Once all work on the new culvert has been completed, a portion of the coffer dam
shall be removed to allow all water to flow into the inlet end of the new culvert.
Special care shall be taken to insure the complete deactivation of the existing
tributary bed adjacent and down stream of the coffer dam.
17) Once this phase is completed, the by-pass pumping will be removed to allow the
normal stream flow to pass through the new culvert. Natural flow shall then be
verified through the new culvert.
18) The entire disturbed area shall then be seeded and covered with hay. Silt fencing
shall be installed, as shown on Drawing No. 003, around the perimeter of the new
culvert and dispersion apron to minimize any sediment runoff from entering the
tributary.
19) All foreign materials shall then be removed from site and any natural rock utilized
in the construction process redistributed
Pangaea Development Services
20) The estimated construction schedule for this work is estimated to require (4) 9
hours days of work or less
Pangaea Development Services
"COMMERCIAL 7.58AC"
PROPOSED WORK DESCRIPTION
The proposed work included installation of a 200 foot corrugated metal pipe culvert to
redirect a portion of an un-named tributary, and three storm drains to facilitate the
removal of an existing 16" pipe (corrugated metal and corrugated pvc) which currently
directs a portion of the existing tributary diagonally across the site. The work will also
include the backfilling\cover-up of that portion of said tributary lying between the area of
the aforementioned proposed culvert inlet and the existing culvert.
PROPOSED LAND USE DESCRIPTION
This request is being made to allow for future commercial development of the site.
The redirection is needed in order to facilitate the creation of level site pads.
Note: A separate Erosion and Sedimentation Control Plan shall be prepared and
submitted to NCDENR for approval and implementation in order to comply with the
North Carolina Sedimentation Pollution Control act of 1973 for all future work to be
performed on this site.
Pangaea Development Services
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Office Use Only: Form Version March 05
2 0 0 60 9 2 4
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: Nationwide
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: El
II. Applicant Information
1. Owner/Applicant Information j?jN 2 2006
Name: Rick Norton
Mailing Address: 219 Norton Pond 13ENR - W Rn?uv- BRAiVCH
tesT?
Murphy, NC WhI
28906
Telephone Number: 828-361-2996 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: Daryll Newcomb
Company Affiliation: Pangaea Devlopment Services
Mailing Address: 156 Sandstone Lane
Murphy, NC 28906
Telephone Number: 828-644-0773 Fax Number: 828-644-0773
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 7.58 Commercial
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4570144443320000
4. Location
County: Cherokee Nearest Town: Murphy, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take US Hwy. 19/129/64, West of Murphy, Project site is approx. 2.0 miles on left,
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): 35.065983 ON 84.058250 °W
6. Property size (acres): 7.58 acres
7. Name of nearest receiving body of water: NSA
8. River Basin: Hiawassee River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 property is unpopulated except for two empty dwellinas (previously used
commercially) on site. The surroundina land use is a mix of residential and
commercial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The proiect entails the redirection of approx. 250ft. of an previously culverted exist.
11. Explain the purpose of the proposed work:
To provide a stable area for future commercial development.
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.
No future permits are expected to be requered for this pr Ject, except local city water
and sewer nPrmits_
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.
1. Provide a written description of the proposed impacts: N/A
Page 7 of 12
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
(linear feet Area of
Impact
(acres)
N/A

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
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 Impact Impact
Length
linear feet Area of
Impact
acres
1 un-named Relocateon perennial -2 feet 250 feet 0.021

un-named New Culvert_ eeennial -2 feet 200 feet 1 0.009

Total Stream Impact (by length and acreage) 450 feet .021 ac
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.
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

Total Open Water Impact (acres) 0 ac.
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021 c.
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.021 ac.
Total Stream impact (linear feet): 450'
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.
N/A
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.):
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.
The planned commercial development reqUires re-direction of existing previol isly
culverted tdbl dary Redirection will provide minirnum impact for fi lb ire development
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.
Page 9 of 12
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 Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
No mitigation is believed to be required on this project.
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.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):
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):
Page 10 of 12
IX. 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 ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? 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 Multiplier I 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 t.
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. N/A
Page 11 of 12
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.
Of the total 7.58 acres, 7.54 acres will be left undisturbed (impervious) Please refer to th,
enclosed Dian drawings and narrative.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
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 X
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROPOSED 16" CULVERT INSTALLATION
PROPOSED IMPACTS TO WATERS/STREAMS
AND DETAILED DESCRIPTION OF PROPOSED WORK
1) This scope of this proposed project encompasses the installation of a 16" diameter
x 200' long section of culvert in order to redirect an existing tributary(un-named
by the North Carolina Department of Water Quality) which is part of the
Hiawassee Water Basin, and is located in Cherokee County, NC. The project site
is delineated on the enclosed Vicinity Map.
2) This tributary has a springhead in a concrete box upstream approximately 20'
from the proposed culvert inlet. Two existing 8" plastic corrugated pipes and one
16" corrugated metal pipe culvert on the adjacent property deposit storm water
into the tributary. There is an existing 36" corrugated metal pipe DOT storm
drain outlet approximately 10' easterly of the proposed culvert outlet. From the
springhead upstream, the existing tributary runs through an undisturbed wooded
slope populated by trees, shrubs and vegetation common to the surrounding, and
on to an open commercial site with only scattered grasses, and into an existing
16" culvert. From our observation, this tributary appears to be a stable
aquatic/vegetative habitat. We believe that this tributary would not be deemed a
wetlands area based upon our field observations. No swamp grass, invertebrates
or fish of any sort were noted during our field observations. Based upon these
factors, we feel that the impact on this tributary by the work proposed herein, and
as detailed on the accompanying drawings, would be minimal and pose no
significant detrimental affects to the tributary's overall health. We, therefore,
believe that no tributary mitigation would be required.
3) The area of the proposed culvert installation is detailed on the enclosed
photographs. Temporary re-routing of the tributary will be accomplished by the
use of a bypass pumping system as detailed below and as outlined on Drawing
No. 002.
4) Approximately 200 feet downstream (westerly) from the proposed culvert outlet
is a 36" corrugated metal pipe culvert with a concrete end wall that was
previously installed by the NC DOT during the course of US Hwy. 19/74/64/129
improvements. The highway is currently a four-lane facility. The culverts run
from its inlet on the southerly side of the highway to some point on the northerly
side of said highway.
5) The existing 16" diameter culvert (see #2, above) is being utilized to direct the
tributary's flow northwesterly (underground) to a point southeasterly of the above
referenced NCDOT 36" culvert. This existing 16" culvert will be deactivated
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during the new culvert installation, and will be removed in the future to facilitate
commercial development of the site.
6) The equipment to be utilized for excavation and installation for all of the
proposed work, as described herein, is still unknown, as a Contractor has not yet
been selected to perform the work. However, in general, it is anticipated that all
work will be performed with a Trackhoe. In addition, a Power Seeder and Hay
Blower will be utilized.
7) It is proposed that by-pass pumping be utilized to provide the necessary de-
watering and to divert any water coming from the upstream portion of the
tributary and the off site storm drains. The inlet pipe for the by-pass pumping
shall be placed in the existing tributary, between the pipe outlets, and the
proposed permanent coffer dam. The by-pass pumping unit shall be capable of
receiving and discharging any and all waters discharged from the aforementioned
tributary, and culverts. The coffer dam shall be constructed and lined with a
geosynthetic membrane to minimize the release of any disturbed sedimentation
from it. Once the by-pass pumping and the coffer dam have been placed into
service, the excavation work on the culvert installation can begin. In doing so,
any upstream flow shall be redirected by the pass pumping operation, and thus
will provide a no-flow, dewatered condition for excavation and culvert
installation purposes.
8) Materials excavated to facilitate the culvert installation shall be placed in an area
an adequate distance away from the tributary to prevent it from re-entering the
tributary. This excavated material may be utilized for backfill around the new
culvert based upon its consistency. It must be free of stones larger than 3"
diameter, frozen lumps, highly plastic clay, organic matter, corrosive material or
other deleterious foreign materials.
9) The new proposed 200' long x 16" diameter culvert shall then be installed between
the northern side of the coffer dam, and the southern side of the existing NC DOT
storm drainage ditch. (see #2, above)
10) The banks shall be excavated to a depth of approximately 12 inches below the
new culvert centerline grade to allow for the installation of the new 16"
corrugated metal pipe (ASTM A929), and to allow the pipe to be properly
embedded. The new culvert bed shall be prepared for a slope relative to the grade
stakes previously placed on site at the excavation area based on field
measurements of the existing natural slope. This is to insure that the existing
tributary grade and slope are mimicked by the new culvert.
11) Upon completion of the excavation, uneven or rocky surfaces shall be leveled
with fine granular fill to a depth of 6 inches prior to the placing of any culvert
sections.
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12) All side walls of the excavated culvert area shall be verified to be stable.
13) A pipe sling shall be used to place each section of the new culvert into place. The
culvert SHALL NOT be placed with a bucket and thumb setup on an excavator.
Each section of the culvert shall be lowered into place and its corresponding
slope/grade verified at each end to be equal to the aforementioned grade stakes
and their relative elevations prior to the next section being placed and securely
fastened to its predecessor.
14) Once all section have been placed and attached securely, the slope from inlet to
outlet shall be verified to be correct prior to any backfilling operation. The trench
shall then be backfilled in graduated levels of 6-12" lifts, each of which shall be
individually compacted. The backfill shall also be compacted around the
haunches to within 3 feet of each end of the culvert. The backfill will proceed
until the top of the finished grade is a minimum of 2' above the top of the culvert
and on a camber (raised "hump") to the surrounding grade. A temporary berm
shall then be created at the limits of compacted fill (approximately -3 feet in from
both inlet and outlet of the culvert) to prevent runoff of the fill from entering the
tributary.
15) Following installation of the culvert, a stone dispersion apron shall be constructed
at the downstream of the culvert outlet to reduce any potential increase of velocity
in the existing storm drainage ditch. It shall consist of either clean-surface or
native bank stone having a mean diameter of 6-9 inches as detailed on drawing
No. 003 It shall be placed so as to adequately disperse any flow into the existing
storm drainage ditch without causing scouring or undermining the existing ditch
bottom or associated bank.
16) Once all work on the new culvert has been completed, a portion of the coffer dam
shall be removed to allow all water to flow into the inlet end of the new culvert.
Special care shall be taken to insure the complete deactivation of the existing
tributary bed adjacent and down stream of the coffer dam.
17) Once this phase is completed, the by-pass pumping will be removed to allow the
normal stream flow to pass through the new culvert. Natural flow shall then be
verified through the new culvert.
18) The entire disturbed area shall then be seeded and covered with hay. Silt fencing
shall be installed, as shown on Drawing No. 003, around the perimeter of the new
culvert and dispersion apron to minimize any sediment runoff from entering the
tributary.
19) All foreign materials shall then be removed from site and any natural rock utilized
in the construction process redistributed
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20) The estimated construction schedule for this work is estimated to require (4) 9
hours days of work or less
Pangaea Development Services
"COMMERCIAL 7.58AC"
PROPOSED WORK DESCRIPTION
The proposed work included installation of a 200 foot corrugated metal pipe culvert to
redirect a portion of an un-named tributary, and three storm drains to facilitate the
removal of an existing 16" pipe (corrugated metal and corrugated pvc) which currently
directs a portion of the existing tributary diagonally across the site. The work will also
include the backfilling\cover-up of that portion of said tributary lying between the area of
the aforementioned proposed culvert inlet and the existing culvert.
PROPOSED LAND USE DESCRIPTION
This request is being made to allow for future commercial development of the site.
The redirection is needed in order to facilitate the creation of level site pads.
Note: A separate Erosion and Sedimentation Control Plan shall be prepared and
submitted to NCDENR for approval and implementation in order to comply with the
North Carolina Sedimentation Pollution Control act of 1973 for all future work to be
performed on this site.
Pangaea Development Services
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ON 7,58 COMM FOAL 511CCOo: 002

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PIC K NOFTON
7,58 COMM FG& %CCONo: 003

Plan f rcpared (54: 5ca!e: NOT TO 5CA E
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[phone] S??nING n??'AI?