20061374 Ver 2_Application_20070215

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
February 14, 2007
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY

Subject: Nationwide 14 Permit Application -Revised
SR 1400 -Rocky Branch Road
Jackson County
State Project No. 140.050058 (D`VQ Minor Permit Fee $200)
Dear Mr. Baker:
During a recent evaluation of the above road it was discovered that Site #3 can not be
constructed as shown on the original plans. Originally we had planned an extension often feet
with headwalls for this pipe. Because of the alignment of the existing road and the skew of the
stream crossing we are going to have to increase our impacts at this site.
I am sending a revised permit drawing and impact chart from the PCN.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of listed species for the Rocky Branch watershed.
Additionally, there are no records listed for the adjacent watersheds, Baumgarner Branch and an
unnamed tributary. Rocky Branch is a small (3 feet in width) stream and is too small to support
mussels. However, there are records from the Tuckasegee River, which is 500-600 feet
downstream of the confluence of Rock Branch with Baumgarner Branch. This reach of the
Tuckasegee River is occupied critical habitat for the Appalachian elktoe (Alasmidonta
raveneliana). The project will require culvert replacements and extensions, a channel change
and bank stabilization. The impacts from this work should be minor and of short duration. After
the project is completed, sedimentation from the road should be reduced significantly. However,
during construction, there is some potential for minimal adverse effects. To minimize these
effects, NCDOT will implement stringent erosion and sedimentation control measures.

Ms. Denise Moldenhauer, Biologist, with the U.S. Fish and Wildlife Service met on site with
NCDOT engineers on August 7, 2006. Based on the site visit, the following BMPs, including
specific U.S. Fish and Wildlife Service recommendations will be implemented.
Stringent measures to control sediment and erosion will be implemented prior
to any ground-disturbing activities. Storm water will be diverted through
vegetation-lined ditches and basins. Erosion-control measures will be
checked daily for maintenance and/or integrity of the structures, and
appropriate corrective measures will be taken for structures that need repair.
Erosion- and sediment-control measures shall be cleaned when half full.
2. Excavation for the stream crossing will be conducted in the dry.
3. Clearing will be minimized, and if grubbing is necessary, it will be conducted
only immediately before grading operations.
4. The culverts must be designed to allow for the passage of fish and other
aquatic life and to accommodate the movement of debris and bed material
within the channel. Flat bottom pipes will be used at Sites 1-3 to help enhance
aquatic life movement.
5. Seeding and mulching of disturbed areas will occur on an ongoing basis as the
project proceeds.
Based on strict adherence to best management practices, including those listed above, we believe
this project "may affect but is not likely to adversely affect" the Appalachian elktoe or the
Appalachian elktoe's habitat.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
Rocky Branch is shown as a perennial stream on the USGS topographic map and does in fact
have perennial flow. The stream channel is composed of cobble, gravel and sand. The channel
lacks vegetation. For these reasons, we believe this stream is under the jurisdiction of the U.S.

Army Corps of Engineers. In order to construct the project in accordance with our current
secondary road standards, it will be necessary to impact waters of the United States in the Little
Tennessee River Basin. Specifically, NCDOT is requesting to extend/replace six metal culverts,
to stabilize four sections of bank and to relocate two sections of channel in Rocky Branch and
UT's to the Rocky Branch (DWQ Class C). Listed below is a summary of the proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 30' x 48" CMP 90'x58"x36" 60' extension
4+85 Arched CMP
Site 2 32'x36" CMP 85'x58"x36" 53' extension
14+38 Arch CMP
Site 3 40' x 36" CMP 70'x50"x 31" 30' extension
22+40 Arch CMP
Site 4 40' x 18" CMP 47' x 24" CMP 7' extension
32+20
Site 5 45' x 24" CMP 47' x 24" CMP 2' extension
41+78
Site 6 32' x 15" CMP 60' x 24" CMP 28' extension
50+87
Site 7 Eroded Bank Stable Bank 25'
4+30
Site 8 Eroded Bank Stable Bank 5'
8+90
Site 9 Eroded Bank Stable Bank 15'
26+00
Site 10 Eroded Bank Stable Bank 10'
26+71
Site 11 Linear Wetland Fill for road .04 Acres
50+70 to 51+50
Site 12 Stream Relocated 0'
7+50 to 8+50 Stream
Site 13 Stream Relocated 0'
34+20 to 35+67 Stream
Permanent Wetland Fill 0.04 acres
Permanent Stream Impact 235 linear feet
Relocated Stream 247 linear feet

Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am requesting Mr. McHenry and Mr. Ed Ingle,
Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
If you have any questions or need additional information, please contact me at [phone].
Your early review and consideration will be greatly appreciated.
Si eaely
onathan L. Woodard, P.E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Ms. Denise Moldenhauer, Biologist, USFWS
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT

2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (yes/no) (linear feet)
11 @ Station Fill 0.04 No 100 Riverine
50+70 to 51+50
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identitied through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.tema.~~.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.04
Total area of wetland impact proposed: 0.04
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Site
Number
(indicate on map)
Type of Impact* Length of
Impact
(linear
feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1@ Station 4+85 Culvert Replace &Extend 60 Rocky Branch 3' Perennial
2 @ Station I4+38 Culvert Replace &Extend 53 Rocky Branch 3' Perennial
3@ Station 22+40 Culvert Replace &Extend 30 Rocky Branch 3' Perennial
4@ Station 32+20 Culvert Replace &Extend 7 UT to Rocky Branch 2' Perennial
5@ Station 41+78 Culvert Extension 2 UT to Rocky Branch 6" Perennial
6@ Station 50+87 Culvert Replace &Extend 28 UT to Rocky Branch 6" Perennial
7@ Station 4+30 Bank Stabilization 25 Rocky Branch 3' Perennial
8@ Station 8+90 Bank Stabilization 5 Rocky Branch 3' Perennial
9@ Station 26+00 Bank Stabilization 15 Rocky Branch 3' Perennial
10@ Station 26+71 Bank Stabilization 10 Rocky Branch 3' Perennial
12 @ 7+50 to 8+50 Channel Change 0 Rocky Branch 3' Perennial
13 @ 34+20 to
35+67 Channel Change 0 UT to Rocky Branch 3' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usos.~ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., ~~tivw.topozone.com,
www.map~uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 235
Page 4 of 9

VICINITY MAP
Jackson County
SR 1400
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