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PUBLIC NOTICE /V? 2 009
US Army Corps STR p?y</
Of Engineers
Wilmington District y
Issue Date: June 18, 2009
Comment Deadline: July 18, 2009
Corps Action ID #: SAW-2009-0860
The Wilmington District, Corps of Engineers (Corps) has received an application from the North
Carolina Department of Transportation (NCDOT), Project Development and Environmental
Analysis Branch, seeking Department of the Army authorization to impact Rocky Branch,
unnamed tributaries within the Little Tennessee River drainage basin, and adjacent wetlands in
conjunction with the widening of NC Highway 28 in Macon County, North Carolina (TIP No. R-
2408B).
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web site
at www saw.usace.army.miUwetlands.
Applicant: Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33U.S.C. 1344).
Location
The proposed project involves the widening of approximately 2.7 miles of NC 28 from north of
SR 1323 (Riverview Street) to south of SR 1378 (Bennett Road) in Franklin, Macon County,
North Carolina. The improvements identified as Project Number R-2408B in the NCDOT 2009-
2015 Transportation Improvement Program (TIP). The project begins at 35.1995 degrees north
latitude and 83.3901 degrees west longitude and ends at 35.2318 degrees north latitude and
83.3960 degrees west longitude. The project area drains into the Little Tennessee River Basin,
Hydrologic Unit 06010202.

Existing Site Conditions
Existing NC 28 within the project limits is a 2-lane highway, which has a 20-foot pavement
width and 1 to 4-foot shoulders. Section B begins near the junction of NC 28 and continues
north to SR 1378 (Bennett Road). Residences are scattered along the corridor; however, few
homes have direct access to NC 28. Most homes access the corridor via connecting roads.
There are scattered commercial sites along the corridor. There are no prime farmland resources
or active farms within the project area.
Water resources within the study area are located within the Little Tennessee River Basin.
Rocky Branch (Index No. 2-26), and Iotla Creek (Index No. 2-27) are classified as "C". Class C
refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary
recreation and agriculture. Unnamed tributaries receive the same best usage classification as the
named streams into which they flow. Therefore, the classifications for the UT to Rocky Branch
and the UT to the Little Tennessee River are C as well.
There are three distinct biotic communities identified within the project area. All of the habitats
are reflective of varying degrees of recent human disturbance. The moderately steep dry-mesic
slope that is adjacent to the unnamed tributary to the Little Tennessee and interspersed along the
project corridor exhibits a vegetative component that is most similar to the Montane Oak-
Hickory Forest described by Schafale and Weakley (1990). Disturbed/maintained are lands that
have been kept in a non-climax state by clearing and/or grazing. Once regular maintenance
(disturbance) ceases, these areas are populated by early successional species. This type of
habitat occurs along road shoulders, within powerline corridors, and fallow fields scattered
throughout the project study area. Rocky Branch, unnamed tributaries to Rocky Branch, and
unnamed tributaries to the Little Tennessee River are all classified as small mountain perennial
streams.
Applicant's Stated Purpose
The purpose of the proposed project is to correct existing roadway deficiencies by improving the
vertical and horizontal alignment and widening the travel lanes and shoulders.
Project Description
The North Carolina Department of Transportation (NCDOT) proposes to widen the existing 2-
lane highway, which has a 20-foot pavement width and I to 4-foot shoulders with a 2-lane
highway with a 24-foot pavement width and 8-foot shoulders.
An Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) have been
completed and distributed for this project. Also, an Indirect and Cumulative Effects Assessment
was completed and distributed in August 2004. Additional copies of these documents are
available upon request.
2
The project as proposed will permanently impact 0.09 acres of wetlands, 663 linear feet of
streams, and temporarily impact 216 feet of streams. These impacts are associated with culvert
extensions, relocations, and replacements, roadway fills, and channel relocations.
A site by site description of wetland and stream impacts are shown in the tables below. Design
details are included on the attached permit drawings and half size plans.
Impacts to Waters of the United States
Wetlnnri Tmnarts & Descriptions
Permit Permanent Temporary Miti ag tion
Site No. ac Lac) Required
3 0.05 -- Yes
5 0.04 Yes
Total 0.09
All wetlands impacted are riparian wetlands.
Q,.h rP 1E7.tnr Tmnartc
Permit Site Permanent Temporary Mitigation
No. S
Stream Name
(if)
Re aired
IA UT to Little
Tennessee River 9 31 Yes
1 UT to Rocky
Branch 41 4 Yes
2 Rocky Branch 65 46 Yes
3 Roc Branch 442 60 Yes
4 Rocky Branch 106 75 Yes
Total 663 216
This project has been designed using asymmetrical widening. Using this method, the NCDOT
has avoided impacting many wetlands and streams and reduced impacts to wetlands and streams
to the greatest extent practicable. Other specific examples of avoidance and minimization
measures include:
• Onsite natural stream design methods for the relocation of Rocky Branch
The removal of a culvert carrying a UT to Rocky Branch and return the area to natural
grade.
• At site 4, the culvert carrying Rocky Branch across NC 28 will be replaced with a
bottomless structure.
• The use of 2:1 slopes in wetlands and stream crossings.
Due to construction, 442 feet of Rocky Branch will be relocated away from the fill slope of NC
28. Using natural stream design techniques, 393 feet of the stream will be restored.
Additionally, NCDOT proposes to restore 190 linear feet of a UT to the Little Tennessee River
on the A section (previously constructed), by removing an existing 18-inch pipe. The tributary
will have a stable stream channel established and buffer planted. As a result of these two
activities, 80 linear feet of permanent stream impacts remain for R-2408B. The remaining,
unavoidable impacts to 0.09 acre of jurisdictional wetlands and 80 feet of streams will be offset
by the use of the Tulula Bog Mitigation Site.
The Tulula Bog Mitigation Site is a 222 acre tract located in Graham County, NC within the 8-
digit HU 06010204. The site it located off of Highway 129 between Topton and Robbinsville,
NC in a rural area of the Blue Ridge Belt of the North Carolina mountains. The mitigation site
contains 102 acres of wetland restoration, 121 acres of upland buffer protection, 8,639 linear feet
of stream restoration, and 1,248 linear feet of stream preservation.
Summa of Stream Mitigation for R-2408B
Mitigation Source Site Stream Mitigation
Relocation of Rocky Branch (Site 3 393
Restoration of UT to Little Tennessee River A section) 190
Tulula Bog 80
Total 6631f
Total Permanent Stream Impact=6631f
R-2408B calls for a November 17, 2009 let date, and a review date of September 29, 2009. This
application provides final design and impacts for the project. Project plans are available for
review at the Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room
208, Asheville, North Carolina.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality. Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, Transportation Permitting Unit, 2321 Crabtree
Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments
regarding the application for certification under Section 401 of the Clean Water Act should do so
in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 2321 Crabtree
Boulevard, Raleigh, North Carolina 27604-2260 Attention: Mr. Brian Wrens by July 18, 2009.
Cultural Resources
An architectural survey for structures listed in the National Register or eligible for nomination to
the National Register was conducted in the project area. There are no properties in the project
area that are eligible for or are listed in the National Register of Historic Places.
4
Two archaeological sites located within the project limits were recommended as eligible for
listing in the National Register of Historic Places (NRHP). Sites 31MA588 and 31MA589
consist of dense concentrations of cultural remains and intact subsurface deposits dating to the
Qualla Phase (A.D. 1450-1838). The two sites have been recommended as eligible for listing in
the NRHP under Criterion D for their potential to yield significant information about the
prehistory of the region. The SHPO concurred with these recommendations according to a July
11, 2003 memorandum.
Current design for the project maintains the existing topography along the west side of NC 28,
where the sites are located, and proposes to widen to the east, away from the areas of interest.
The USACE will consult with the State Historic Preservation Office (SHPO) and the Tribal
Historic Preservation Office of the Eastern Band of the Cherokee Indians (THPO) to seek
fulfillment of Section 106 responsibilities.
Endangered Species
Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected
under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended.
As of January 31, 2008, the U.S. Fish and Wildlife Service (USFWS) lists eight federally
protected species for Macon County (Table 1).
Biological conclusions of "May Affect-Not Likely to Adversely Affect" were rendered for
Indiana bat, spotfm chub, Appalachian elktoe and little-wing pearlymussel. Concurrence was
received from USFWS in a March 4, 2009 letter. The bog turtle is listed due to similarity of
appearance and does not require a biological conclusion. Biological conclusions of "No Effect"
were rendered for all remaining species.

r cu cw au • - --
"
Federal
Habrtat
Biological .
Scientdic'Name Common Name Status .::Present.:: Conclusion .
Clemm s muhlenber ii Bo turtle T S/A No Not Required
M otis sodalis Indiana bat E Yes MA-NLAA
Erimonax monachus S otfin chub T Yes MA-NLAA
Alasmidonta raveneliana Appalachian elktoe E Yes MA-NLAA
PegiasTabula Little-wing E Yes MA-NLAA
earl ussel

Isotria medeoloides Small whorled T No No Effect
o onia
S iraeo vir iniana Vir ina s iraea T No No Effect
G nznodern:a [ineare Rock gnome lichen E No No Effect
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, July 18, 2009. Comments should be
submitted to Mr. David Baker, US Army Corps of Engineers, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006.
6
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STATE OF NORTH CAROLINA
DEPARTNHNT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
April 17, 2009
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN: Mr. David Baker
NCDOT Coordinator
Dear Sir:

?? UN2 ?zon9: ?j
SECRETARY
Subject: Application for an Individual Section 404 and Section 401 Water Quality
Certification for the widening of NC 28 from North of SR 1323 (Riverview
Street) to South of SR 1378 (Bennett Road) in Macon County. Federal Aid
Project No. STP-28(1), Division 14, TIP No. R-2408B. Debit $570 from WBS
34427.1.1.
Please see the enclosed ENG 4345, USFWS concurrence letter, permit drawing review meeting
minutes, permit drawings, stream relocation plans, stream mitigation plan, design plans, State
Stormwater Management Plan and Rapanos jurisdictional determination form for the above
referenced project. An Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) have been completed and distributed for this project. Also, an indirect and Cumlative
Effects Assessment was completed and distributed in August 2004. Additional copies of these
documents are available upon request. The North Carolina Department of Transportation
(NCDOT) proposes to widen the existing 2-lane highway, which has a 20-foot pavement width
and 1 to 4-foot shoulders with a 2-lane highway with a 24-foot pavement width and 8-foot
shoulders. The total length of the project is 2.7 miles.
JR.
Purpose and Need:
The purpose of the proposed project is to correct existing roadway deficiencies by improving the
vertical and horizontal alignment and widening the travel lanes and shoulders. Due to the
mountainous terrain, the road has steep drop-offs and large inclines on opposite sides of the road.
This makes it difficult to travel along this road with narrow lanes and sharp curves that limit a
driver's sight distance. The corridor is also a preferred route for tractor trailer trucks. With the
amount and variety of vehicles that travel this route, the narrow lanes and sharp curves can
reduce a driver's sight distance and result in an unsafe travel condition.
Summary of Impacts:
The project will permanently impact 0.09 acres of wetlands, 663 linear feet of streams, and
temporarily impact 216 feet of streams. Impacts for this project are slightly higher than
originally proposed in the FONSI, predominantly due to the relocation of Rocky Branch near
Airport Road.
Summary of Mitigation: The project has been designed to avoid and minimize impacts to
jurisdictional areas throughout the NEPA and design processes. Compensatory mitigation for
proposed impacts to jurisdictional streams and wetlands will be provided by on-site mitigation
and the use of the Tulula Bog Mitigation Site.
NEPA DOCUMENT STATUS
An EA was prepared for this project in April 2004. A FONSI was prepared in September 2005.
A Right of Way Consultation was completed in 2007. Additional copies will be provided upon
request.
MERGER PROCESS SUMMARY
Due to its limited scope, this project was not a part of the formal merger process. However an
informal 4B/4C meeting was held with agency personnel on September 24, 2008 to review the
project.
INDEPENDENT UTILITY
The subject project is in compliance with 23 CFR Part 771.111(f) which lists the Federal
Highway Administration (FHWA) characteristics of independent utility of a project:
(1) The project connects logical termini and is of sufficient length to address environmental
matters on a broad scope,
(2) The project is usable and a reasonable expenditure, even if no additional transportation
improvements are made in the area;
(3) The project does not restrict consideration of alternatives for other reasonably foreseeable
transportation improvements.
RESOURCESTATUS
Wetland delineations:
Potential wetland communities were investigated pursuant to the 1987 Corps of Engineers
Wetland Delineation Manual. Mr. David Baker of the U.S. Army Corps of Engineers field
verified the wetlands and surface waters on November 21, 2006. Written verification will be
received at the time of permit issuance. Each impact is described below, in detail. Site and
station numbers correspond with the permit (hydraulic) drawings included in this application.
R-240RB Stream Classifications
Permit
Site No. Stream Name Sub-basin Stream Index
No. Best Usage
Classification
IA UT to Little Tennessee
River 04-04-01 2-(1) C
1,2 UT to Roc Branch 04-04-01 2-26 C
3,4 Roc Branch 04-04-01 2-26 C
All streams in the project area are perennial
impacts to Waters of the United States
Wetland Impacts & Descriptions
Permit Permanent Temporary Mitigation
Site No. ac ac R uired
3 0.05 -- Yes
5 0.04 -- Yes
Total 0.09
All wetlands impacted are riparian wetlands.
Surface Water Impact...
Permit Site Permanent Temporary Mitigation
Stream Name d
R
i
No. _
re
equ
IA UT to Little
Tennessee River 9 31 Yes
I UT to Rocky
Branch 41 4 Yes
2 Roc Branch 65 46 Yes
3 Roc Branch 442 60 Yes
4 Roc Branch 106 75 Yes
Total 663 216
Utility Impacts
No temporary or permanent jurisdictional impacts will occur to wetlands and streams from
utilities for this project.
PROTECTED SPECIES
Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected
under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended.
As of January 31, 2008, the U.S. Fish and Wildlife Service (USFWS) lists eight federally
protected species for Macon County (Table 1).
Biological conclusions of "May Affect-Not Likely to Adversely Affect" were rendered for
Indiana bat, spotfin chub, Appalachian elktoe and little-wing pearlymussel. Concurrence was
requested from USFWS on December 11, 2008 for these biological conclusions and will be
forwarded as soon as it is received by the NCDOT. The bog turtle is listed due to similarity of
D llnOD D... # A-.. i:....?:,.- D...... 2 ..l7
appearance and does not require a biological conclusion. Biological conclusions of "No Effect"
were rendered for all remaining species.
Table 1. Federally protected species listed for Macon County.

Clemm s muhlenber 'i Bo turtle T S/A No Not Required
M otis sodalis Indiana bat E Yes MA-NLAA
Erimonax monachus S otfin chub T Yes MA-NLAA
Alasmidonta raveneliana Appalachian elktoe E Yes MA-NLAA
Little-wing
Pegiasfabula E Yes MA-NLAA
earl ussel
Small whorled
Isoola medeoloides. T No No Effect
0 onta
S iraea vir 'niana Vir ' s iraea T No No Effect
G mnoderma lineare Rock gnome lichen E No No Effect
INDIRECT CUMULATIVE IMPACT ANALYSIS
Existing rules for the 401 Water Quality Certification Program (15A NCAC 2H .0506(b)(4)
require that the DWQ determine that a project "does not result in cumulative impacts, based on
past or reasonably anticipated future impacts, that cause or will cause a violation of downstream
water quality standards."
An Indirect and Cumulative Effects Report (ICE) was completed for this project in 2004, and is
included in this application.
Indi rect Land t) Effects screening Tool-TIP Project R- 2409H -Widening of NC Z8 (Bryson City Road)

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Indirect Effects
The proposed project is located within an unincorporated portion of Macon County to the north
of the Town of Franklin, which is not covered by formal zoning or subdivision ordinances, so
growth would not be controlled very stringently if it did occur. However, only a small amount of
growth has occurred in the area or is expected for the foreseeable future, according to local
planners. The area does not have public water or sewer, and there are currently no plans to
extend services to that area. Due to the limited scope of the proposed project, a safety widening
on existing location, and the rugged topography, which limits development in the area, the
R-7dnRR Ind:vUvnl P,r it dnnl:rnc:n? Pone J .J7
proposed project is unlikely to stimulate complementary or intra-regional land development, or to
cause a change in travel patterns in the area. There should also be no travel-time savings or
change in access. As a result, indirect effects because of TIP Project R-2408B alone, and
environmental impacts due to ICEs, should be low or minimal.
Cumulative Effects
Direct impacts associated with the project that are not avoided, minimized, or mitigated are
expected to be minimal. Since the project is not likely to result in a change inland use as result
the transportation impact causing activities associated with the project, cumulative effects should
be minimal or low.
MORATORIUM
No moratoriums were proposed in a letter from NCWRC dated July 27, 2004.
CULTURAL RESOURCES
Historical Structures & Archaeoloev:
An architectural survey for structures listed in the National Register or eligible for nomination to
the National Register was conducted in the project area. There are no properties in the project
area that are eligible for or are listed in the National Register of Historic Places.
Two archaeological sites located within the project limits were recommended as eligible for
listing in the National Register of Historic Places (NRHP). Sites 31MA588 and 31MA589
consist of dense concentrations of cultural remains and intact subsurface deposits dating to the
Qualla Phase (A.D. 1450-1838). The two sites have been recommended as eligible for listing in
the NRHP under Criterion D for their potential to yield significant information about the
prehistory of the region. The SHPO concurred with these recommendations according to a July
11, 2003 memorandum.
Current design for the project maintains the existing topography along the west side of NC 28,
where the sites are located, and proposes to widen to the east, away from the areas of interest.
FEMA COMPLIANCE
The project has been coordinated with appropriate state and local officials and the Federal
Emergency Management Agency (FEMA) to assure compliance with FEMA, state, and local
floodway regulations.
WILD AND SCENIC RIVER SYSTEM
The project will not impact any designated Wild and Scenic Rivers or any rivers included in the
list of study rivers (Public Law 90-542, as amended).
I R-JdnRR lndividuml Pp. it AnnlirMinn Pnoc 5 nf7
MITIGATION OPTIONS
The NCDOT is committed to incorporating all reasonable and practicable design features to
avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all
remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the
planning and NEPA compliance stages; minimization measures were incorporated as part of the
project design.
Avoidance and Minimization:
This project has been designed using asymmetrical widening. Using this method, the NCDOT
has avoided impacting many wetlands and streams and reduced impacts to wetlands and streams
to the greatest extent practicable. Other specific examples of avoidance and minimization
measures include:
• Onsite natural stream design methods for the relocation of Rocky Branch
• The removal of a culvert carrying a UT to Rocky Branch and return the area to natural
grade.
• At site 4, the culvert carrying Rocky Branch across NC 28 will be replaced with a
bottomless structure.
• The use of 2:1 slopes in wetlands and stream crossings.
• NCDOT will implement erosion and sedimentation control measures as specified by
"Design Standards in Sensitive Watersheds".
Compensation:
The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent
practicable as described above. Due to construction, 442 feet of Rocky Branch will be relocated
away from the fill slope of NC 28. Using natural stream design techniques, 393 feet of the
stream will be restored. Additionally as mentioned in the permit for R-2408A, NCDOT proposes
to restore 190 linear feet of a UT to the Little Tennessee River on the A section, by removing an
existing 18-inch pipe. The tributary will have a stable stream channel established and buffer
planted. This restoration of 190 feet of stream will be used to offset impacts in the B section. As
o/ o LoL,*a result of these two activities, 80 linear feet of permanent stream impacts remain for R-2408B.
The remaining, unavoidable impacts to 0.09 acre of jurisdictional wetlands and 80 feet of streams
will be offset by the use of the Tulula Bog Mitigation Site.
The Tulula Bog Mitigation Site is a 222 acre tract located in Graham County, NC within the 8-
digit HU 06010204. The site it located off of Highway 129 between Topton and Robbinsville,
NC in a rural area of the Blue Ridge Belt of the North Carolina mountains. The mitigation site
contains 102 acres of wetland restoration, 121 acres of upland buffer protection, 8,639 linear feet
of stream restoration, and 1,248 linear feet of stream preservation.
The site was originally constructed in 2002 by NCDOT. The Phase I portion of the site was
planted in April 2002, while Phase II was planted in March 2003. The 2003-year represents the
first complete year of hydrologic and vegetation monitoring following site construction. The
subsequent years of monitoring were performed under EEP management. According to the
Tulula Monitoring Report dated March 2008 prepared for EEP, 2007 served as Monitoring Year
5 of 5, the final year of site monitoring.
R-24nRR Individunl Permit Annlirntinn Pnoe 6 nf7
Summary of Stream Mitigation for R-2408B
Mitigation Source Site Stream Mitigation
Relocation of Roc Branch Site 3 393
Restoration of UT to Little Tennessee River A section 190
Tulula Bo 80
Total 6631f
Total Permanent Stream Impact - 663 If
PROJECT SCHEDULE
R-2408B calls for a November 17, 2009 let date, and a review date of September 29, 2009. This
application provides final design and impacts for the project.
REGULATORY APPROVALS
Section 404: Application is hereby made for a USACE Individual 404 Permit as required for the
above-described activities.
Section 401: We are hereby requesting a 401 Water Quality Certification from the N. C. Division
of Water Quality. In compliance with Section 143 215.3D(e) of the NCAC, we will provide
$570:00 to act as payment for processing the Section 401 permit application previously noted in
this application (see Subject line). We are providing five (5) copies of this application to the
NCDWQ for their review and approval.
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact Mr. Jason Dilday [e-mail] or (919)4 3-6693. A copy
of this application will also be posted at X31 d6 '3
http://www.ricdot.org/planning/pe/naturalunit/Permit.htmL
Sincere
? 'Aiak
?ey Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
W/attachment
Mr. Brian Wrenn, NCDWQ (5 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Ms. Kathy Matthews, USEPA-Whitter, NC
Dr. Charles Nicholson, TVA
W/o attachment (cont.)
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Beth Harmon, EEP
W/o attachment (see website for attachments) Mr. Todd Jones, NCDOT External Audit Branch
Dr. David Chang, P.E., Hydraulics Mr. Steven Brown, P.E., PDEA Planning Engineer
Mr. Victor Barbour, P.E., Project Services Unit Mr. Drew Joyner, PE, Human Environment Unit
Mr. Greg Perfetti, P.E., Structure Design Mr. Clarence W. Coleman, P.E., FHWA
Mr. Mark Staley, Roadside Environmental Ms. LeiLani Paugh, NEU
Mr. J. B. Selzer, P.E. (Div. 14), Division Engineer Mr. Randy Griffin, NEU
Mr. Mark Davis (Div. 14), DEO
R-24W Individunl Permit Annliratinn Pnoo 7nf7
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires December 31, 2004
Public reporting burden for this collection of information Is estimated to average 10 hours per response, although the majority of applications should
require 5 hours or less. This Includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of Information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity
PRIVACY ACT STATEMENT
Authority. Rivers and Harbors Act Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344 Marine Protection, Research and Sanctuaries
Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used In evaluating the application for a permit Routine
Uses: This Information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of
requested Information Is voluntary, however, if information Is not provided the permit application cannot be evaluated nor can a permit be Issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An ar ollcation that is not completed in full will be returned.
ITEMS 1 THRU 4 TO BE ILLED BY THE CORPS) 1
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
BE
5. APPLICANTS NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not iepuzmd)
North Carolina Department of Transportation
Project Development & Environmental Analysis
6. APPLICANTS
1598 Mail Service Center
Raleigh, NC 27699-1548
7. APPLICANTS PHONE NOS. WIAREA CODE
a. Residence
b. Business 919-733-3141
it.
DATE
I hereby au0wri7e, m act in my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information in support of this permit application.
APPLICANTS SIGNATURE
12. PROJECT NAME OR TITLE (am Ireoumons)
R-24088
OR
9. AGENTS ADDRESS
10. AGENTS PHONE NOS. W/AREA CODE
a. Residence
b. Business
13. NAME OF WATERBODY, IF KNOWN (e applicable)
Rocky Branch and associated (1Ts.
UT to Little Tennessee River
Macon NC
COUNTY STATE
14. PROJECT STREET ADDRESS (a applicable)
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (am In an dons) Section, Township, Rope, u fLon, analor Accassons Parcel Number, for eamgls.
17. DIRECTIONS TO THE SITE
Please see attached vicinity map and cover letter.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 1S OBSOLETE (Proponent CECW-0R)
18. Nature of Activity (Desv pion or project, include all fwe )
Widening the current NC 28 from a 20-foot two lane facility with 1 to 4-foot shoulders , to a 24-foot two lane facility with 8-foot
shoulders on existing location.
19. Project Purpose (Desmbe me reason rx purpme of me project, see Imtrucu")
The purpose of this project is to correct existing roadway deficiencies by improving the vertical and horizontal alignment
and Widening the travel lanes and shoulders.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Impacts Will result from widening the roadway and shoulders, and lengthening/ replacing hydraulic structures.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
See attached cover letter.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see Inalruptlpns)
See attached cover letter.
23. Is Any Portion of the Work Already Complete? Yes _ No _X_ IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (Ili mare Mn mn ee ernered here, please adacn a supplemental list).
Please see adjacent property landowners page attached to the permit drawing package.
25. List of Other Certifications or Approvals(Denlats Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
WA
Would include but is not restricted to zoning, bulging, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly autitor¢ed agent
of the applicant
yel(o r? 9
SIGNA RE 0 APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who destres to undertake the proposed activtty (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, In any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any hick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, stall
be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE
(Proponent CECW-0R)