20081438 Ver 1_401 Application_20080908

Office Use Only:
Form Version March 08
USACE Action ID No. DWQ No. ® 8- 1 4 3 8
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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 [Z Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Lt?. (FL
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 Ini
Name:--K,Q?.n't
Mailing Address:
Vl.
Telephone Number b - Fax Number. - 3 - 2
E-mail Address: UMA&N- &D l Doti' asVVA- .
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be hed if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: (yc
Mailing Address: D S VA(ti 2
i eiepnone
E-mail Ads
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Page 5of12 SEP 11 2008
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DENR - WATER QUALITY
WETLANDS AND STQRMWATER BRANCH
3
M. 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: e A 0 ' _ aA W-LL 743-'
2. T.I.P. Project Number or State Project Number (NCDOT Only):
4.
P-
3. Property Identification Number (Tax PIN): °GP,-W D.ci4y _ I $ -a ?;? - aCQ(Q
Location
County: W -' Nearest Town: Az? --A I S ?G
Subdivision name (include phase/lot number): -cwt sl,
Directions to site (include road numbers- landmarks- etc_)- R<-4r,
U n n? s,i R?? 1 a , i :-?-
6. Property size (acres):
7. Name of nearest receiving body of water:`
8. River Basin: tN, V'G
(Note - this iii" be one of North Carolma.'s seventeen designated major river basins. The
River Basin map is available at hap: l;h2o.enr.state. nc.Us/ad min/maps l.)
9. Describe the existing conditions on the site and general land usp in the vicinity of the project
at the time f this application: a'LR V1MXL u6- 1( u ! yh&j- D 4g4
A r,
Page 6 of 12
Site coordinates (Lat/Long or decimal degrees):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
14. Describe ethe overall project in detail including the type of equipment to be used_
11. Explain the purpose of the proposed work: ?_J cnn. tkatk- k'O-?
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. aS s .,ti o 5 ?? e c?
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.
I .f i s A a
VL 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
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditchingJdrainage, etc. For dams,
se tel list impacts due to both structure and floodin
Wetland Impact
Site Number
(indicate on map)
Type ofimpact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-Year
Floes loin Distance to
Nearest
Stream Area of
Impact
(acres)

Total Wetland Impact (acres)
4 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 ac:reaae. multiniv length X width then Ai-AA- h., Al ';AA
Stream Impact
Number
indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
ear feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
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, dredaina. flooding. drainaee_ bulkheads- etc_
Open Water Impact
Site Number
indicate on map) Name of Waterbody
(if applicable)
Type of Impact -? ---Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting the project:
Stream Im act acres
Wetland Impact acres :
Open Water Impact acres
Total act to Waters of the U.S. acres
Total Stream Impact (linear feet :
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
8. Pond Creation >
If construction of a j 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:
^e'VIIH Impact Justification (Avoidance and Minimization)
t" 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 N applicable, discuss construction
techniques to be followed during construction to reduce impacts.
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
fieshwater 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 fmctions 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 WEEP 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://l12o.enr.state.nc.us/ncwetlands/sti-m?zicle.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.
."
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://li2o.enr.state.nc.us/w!p/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): ?S
Amount of buffer mitigation requested (square feet): 5
Amount of Riparian wetland mitigation requested (acres): o
Amount of Non-riparian wetland mitigation requested (acres): y
Amount of Coastal wetland mitigation requested (acres): j72
Page 10 of 12
* IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) fimds 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
(Neese), 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
identi fy )? Yes ? No [Z
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact
Zone* Multiplier uR N ired
2
Total
* Zone 1 extends out 30 feet perpendicu
additional 20 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
from the top of the near
of channel; Zone 2 extends an
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.
Page 11 of 12
T . 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-
4 X11. 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.
XIII. Violations (required by DWQ)
Is this site in v1 on of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes No ?
Is this an after-the-fact permit application? Yes 13No ?
MV. 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:/Ih2o.enr.state_nc.us/ncNvetlands. If no, please provide a short narrative description:
-K-W- 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/AgenVs Signature . D6te
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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I authorize Rick Varner to do the grading work that is needed to be one at
the creek behind my house.
Sincerely-
,
Kevin Starland
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Midtaei F. Easley, Govemor
William 0. Ross Jr., Secretary
North Carolina Deparka tt of Environment real Newel Resow m
Colas H. Sullins, Director
Division of WaterQaalily
August 25, 2008
Kevin Starland
735 Roy Cline Road
Rockwell, NC 28138-6653
Dear Mr. Starland:
Subject: Notice of Violation
Incident 4: 200801763 & NOV-2008-OP-0026
401 Water Quality Certification, NCAC 02H 0500
Relocated Stream
Rowan County, NC
On August 5, 2008, I met with you, and Rick Varner, at the site to discuss your options
for restoring the strearn that had been relocated without approval. Later that same day, l received
a sketch of the proposal for restoring the stream at the existing location. Be reminded to leave
the stream in the existing location (as compared to the original), a permit from the US Army
Corp of Engineers is required as well as a 401 Water Quality Certification from the Division of
Water Quality. As of this date no application has been received.
A more detail plan is required for the restoration (planting list, material for bank
stabilization) must be submitted with a formal application. In the previous letter, issued on June
25"', it was requested that an application for the 401 be submitted within 45 days, which has
recently passed.
It is requested that a written response be submitted to this Office within 15 days of
receipt of this Notice indicating the status of the restoration. Thank you for your prompt
attention to this matter. If you have any questions, please do not hesitate to contact me at
[phone].
Sincerely,
John
Env. Sr. S st
Surface Water Protection
cc: US Army Corps of Engineers
John Hennessey - Compliancea*rcement
Rowan County Planning and Development, 402 N. Main St. Salisbury, 28144
Central File
610Ul Addnq aoae (7M} 663 E on
610 FN 6R Casa Casa Avenu, Suite 301 Fax (7M) 66344 610 610 Stet Caner Avdttrc, Spite 301
Mooresville. NC 28 10 Mooresville. North Carolina ftw
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