20030911 Ver 1_COMPLETE FILE_20030722

\NA
f
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 25, 2003
Watauga County
DWQ Project #: 03-0911
Susan Millsaps
102 Larry Winkler Road
Boone, NC 28607
Subject Property: Stone Mountain Road, Beaver Dam Township, NC
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
Dear Ms. Millsaps:
You have our approval, in accordance with the attached conditions, to impact 20 feet of streams for the
purpose of constructing a road crossing as you described in your application dated May 27, 2003. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3404, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number
14 when the Corps of Engineers„ issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.ustncwetlands
2. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put
in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Daryl Lamb at our
Winston-Salem Regional Office at 336-771-4600.
Sincerely,
Alan W. Klimek, P.E., Director
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Winston-Salem DWQ Regional Office
File copy
Central Files
Y
Office Use Only: AdQ 3 'Val Fonn Version October 2W1
USACE Action ID No. J DWQ No. s t's
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank:
r?
01 NEl',AIVDS/401 GR M OU!'"
L Processing
UED JUL2'2z
1. Check all of the approval(s) requested for this project: ?/ gyp`?
.M Section 404 Permit NATERQUALITY
Section 10 Permit SECTION
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see.section VIII - Mitigation), check here: `?
II. Applicant Information
1. Owner/Applicant Information
Name: Susan Millsaps
Mailing Address: 102 Larry Winkler Road
Boone NC 28607
Telephone Number: 828-264-6198 Fax Number: 828-264-7926
E-mail Address:
2. Agent 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: n/a
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:

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: Susan Millsaps Lot Culvert
2. T.I.P.. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 195:4-74-8664-000
4. Location
County: Watauga Nearest Town:. Boone. NC
Subdivision name (include phase/lot number): _
Directions to site (include road numbers, landmarks, etc.): From Boone, NC, US 321 North.
turn right on Bethel Road turn left on Mountain Dale Road, turn left on Stone Mountain
Road, site is 0.1 mile on left
5. Site coordinates, if available (UTM or Lat/Long): 36018'49"N 81°51'21" W
(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.)
6. Describe the existing land use or condition of the site at the time of this application:
Pasture/Farmland
7. Property size (acres): 1.195 acre
8. Nearest body of water (stream/river/sound/ocean/lake): Rube Creek
9. River Basin: Watauga
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httpJ/h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Driveway access to single-family residential
structure
11. List the type of equipment to be used to construct the project:. Trackhoe, backhoe,
front-end loader, bulldozer, dumptruck
1.2. Describe the land use in the vicinity of this project: Forest, agriculture, silviculture,
residential
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
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed 'impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
n..- 17 _r 1 ?
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within .
100 year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* T _L
-1 r..r ....i,- ?Fa U-iy a IU iUCUUty LcuipUtdty nupdGLS. impacts mciuae, out are not tmuted to: mectianized cleanng, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified.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.fema-gg .
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog; etc.)
List the total acreage (estimated) of existing wetlands on the, property: 0
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
; Impact
(linear feet)
Stream Name** Average Width
of Stream -
Before Impact Perennial or
Intermittent?
lease specify)
1 Culvert 20 UT Rube Creek P Perennial

rt T ? _L
"' jr- ""k--j - -j -LLFVLa y uitlla%Ab. IWFUt; LLW'UUe, out are not nn itea to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net lossfgain),
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 wrest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.Several intemet sites also allow direct download and printing of USGS maps (e.g., www_tonozo com,
www.mMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20'

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and-any
other Water of the U.S.
Open Water Impact
Site Number

(indicate on ma)
Type of Impact* Area of
Impact

(acres)
Name ofWaterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)
NIA

u..y...., -F- Y a iucuuiy MIlll7UlkUy uupacls. Impacts tncnlQe, out are not li nlted to: I 1, excavation, -dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
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.):
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.
Majority of property is across creek from road Only access to home site required creek
crossinjR. All State erosion control measures will be implemented
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 March 9, 2000, 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 NCWRP 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.
Invert of culvert will be buried 12" into stream bottom to enhance trout access through the
Structure.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hqp://h26.enr.state.nc.ustwm/index.htaL If
use of the NCWRP is proposed, please check the appropriate box on page three 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):
n-- I f% ..F 1'l
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 ; (NEPVSEPA)?.
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 ? n/a
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 ? n/a
X.
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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. AlLbuffers 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico),, 15A NCAC :2B .0250 (Randleman -Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information.
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
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
c.Vuc i UALcnus out .),v feet perpenoicuiar rrom near banK of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1..
UooP 77 _FI )
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing site is 100% un-developed and is pervious The propooed development is 0.1 acre
Imervious and 0.9 acre pervious
XH. Sewage.Disposal (DWQ Only)
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.
Septic tank and leach field will be utilized
XM. Violations (DWQ Only)
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 El No
XIV. 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.)
T___ 1A _11n
r?
s _
i m
r-;
1 57 0.00° W 1 ° 51' 0.00" W ' i 81 50 0.00°
??, t J `tip \4 , r, W.3", Cm)
/'/ ./ : ?/ >. , ?. - Jai ?_• ?` i ?\ -. r. _
ri-/?( ??
'REA
yy 1.
-4. Be
4;9 21
-78
L' 7,
O /S?-II.\`x? Cl ?t1 \?? 1 ?\?. ? 1?_ I ti .\ is L^-
J "N
°
M__ to
2763?j
f `?gyp' ??i° - M ° J/ DCtiiCl
77-1
l ...
l?"• I'?? IMF 1 _; T?:?? ? .^ . .. ? \ -
CERE
../ ` .?1?•?ri er / .pG 4 i
i
681- 57 0.00" 1 ° 51 0.00 1 ° SO 10.00'
} Name,: SHERWOOD - Location: 036° 18' 46.6" N 081 ° 51' 21.9" W
Date: 5282003
Scale: 1 inch equals 2000 feet
Maptech, Inc.
Markers
Name: Millsaps Site
Short Name: Mllsps
Coordinates: 036° 18'48.9" N, 081 ° 51'20.5" W
1 2" EIP~, /
BILLY D. WARD CORNER ,
• BR 155 PG 568 ~
~ n ~ 1 /2 EIP ~ STUMP
~ ~ ~ BILLY D. WARD CORNER
~ ~ BR 155 PG 568
N0ln3SAillan0lfiLV#
cool 7 g inr
~ti
r~ W snow too/soNm
VICINITY MAP (NOT TO SCALE) -6 ~ 6- o
~T~ ~v a l j~~\ ~ ti
~p
CENTER LINE pt- RIGMT pF WAY ~ ~1M ~ j
LINE LENGTH BEARING ~ ~ I
1 49,59 S20'S2`59'W ~ 1
2 21,0 7' 1 o S2 2018 w ROBERT MIL~SAPS
3 22,51 S44°24'39'W ~ ~
BR 141 PG 166 4 38,21 S54.13'09'W ~ ~ o~
o~
5 34,21 S57'S2'17'w ~ f 9 / I ~ I )f
6 25,65 S55 37 41 W 5 8 NIR /
7 23,43 S74'04'14'W
8 23,49 S87'20'52'W 30` CMP~
~g5'E
~g•Q8 N g,
241,7
5/8»NIR
`r.
~o of
~
TO BE CONV1;'YED TO in
APS SUSAN 11IILLS
ROBERT YILLS'APS
BR 141 PG 166
No AREA=1.195 ACRES BY
This Plot Was Prepared ~thout The Benefit N
4f A Title Report, Which May Reveal Additional ~ NN o _ COORDINATE GEOMETRY Conveyances, Eosementa, Rights of Way, Or p
Building Restriction Lines Not Shown ~
All Property Ownerships Were Taken From
Current Tax Records Only.
J,,
- -__...---1
S31'Ol'44'E 8 N 3.91' J
5 8 NIR-~~" xi i Ir Pi EiP EIR / E st ng on pe/Reber • _ f _ _ ~ . -
New Iron Reber 0 5/ "NIR P. K. Noll A P.K.
Computed Point p C.P. gg'W
Concrete Monument ~ C.M. S7g 49
Lines Surve ed 82.46 Y 2 Lines Not Surveyed - -
R' ht-of-Wog R/W
Utility Pole ~ GRAPHIC SCALE z
Utility Une Fence Line -x- 5 8"NIR
/ ~ o ,a C ,a 30 s0 ,20
o
I, C. N. Bore, P.L.S., certify that this map was drawn (nor ter)
under my supervision from on actual survey made I inch = 30 ft n 4
under my supervision; thot the ratio of, precision as
calculated by latitudes and departures is 1: _~_I9.l~4t_____: (that the boundaries not surveyed ROBERT MILLSAPS SKYLINE SURVEYORS, P.A.
are shown as broken lines plotted from information 819 NEST 1~NC S7 WEST KING STREET, P. 0. BOX 442 BOONE N.C. 28607 [phone]
found in Book tai________Page__ tss___y__); This map BR 141 PG 165
was not prepared for recordation. Unless otherwise T~~ noted there is ono published horiaontal control
Within 2,000.00. CARp BOUNDARY SURVEY FOR
~ , C~
Witness m hand a I 27TH : ~;~''ES3~'••,~ = y s this__________day of F o -
MARCH SEAI. ti~. _ - - ~ a; 1 ,SUSAN MILSAPS
D6 ~ Signature____ _ TOWNSHIP C0~ -2 HIP COUNTY _ STATE TAX MAP NUMBER:
P - t~AVER DAY ~ (LS) Reg. No. L 2425 ~ ~ DAN WATAUGA NC 1864-74-8668-000
' 4 , J3„ z 7":? APP. BY DRAWN 1
Y DRAWN BY DATE Ejo~o,: : 1 "-30' COMYL sWM
G.N.B. JYH JNH 3127103 503016.2 m: