19970297 Ver 1_Complete File_19970422

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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April 22, 1997
Alleghany County
DWQ Project # 970297
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Herman Bennett
2143 C. Statesville Blvd.
Suite 300
Salisbury, NC 28147
Dear Mr. Bennett:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material and flood 100 feet of waters for the purpose of creating a pond at Mountain Side Campground near
Laurel Springs, as you described in your application dated 27 March 1997. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3108. This
certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
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 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). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. The dam shall be designed to have a cold water (i.e. mid - depth) release. During filling of the pond,
flow shall be maintained downstream to protect the aquatic life. 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.
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.
Sincerely,
yeo Howar , Jr. IP�j
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston -Salem DWQ Regional Office
Mr. John Dorney
Central Files
970297.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled /10% post consumer paper

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TO: �Ohn 'DotrYle
Environwyltcd S6MCC-S 5r01ncC l
DATE: Ar y-, 1 DTI j9q T
SUBJECT: HOI Ctr�-ACaiion
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received {=rom tiC wildli e- Re.soucces 04Mr►ji:S5(6n
Cohternin9 Herma-n 3��ne+t-s 901 Certi 'ca.hbn
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WC,tland Staff Report- C� Runm me.nda- h'OV75
Form pre-ulbU319 sent �0 90uCpffmit No. 60007-97).
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North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604 -1188, 919 - 733 -3391
Charles R. Fullwood, Executive Director
REMV50
MEMORANDUM N. C. Dept.. O f E H N A
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army Corps of Engineers
FROM:
Original signed by
Joe Mickey, Jr. MjCkey
District 7 Fisheries Biologist 300
DATE: April 14, 1997
APR 1 6 1997
Winston -Salem
Regional Office
SUBJECT: Review of an application by Mr. Heenan H. Bennett to construct a pond on an unnamed
tributary to Meadow Fork, Alleghany County.
Mr. Herman H. Bennett, 2143 E. Statesville Blvd., Suite 800, Salisbury, North Carolina, 28147
(704- 636 -6895) is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has
reviewed information provided by the applicant, and a site visit was conducted on April 9, 1997. These
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et.
seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d).
The applicant proposes to construct a pond less than one acre in size on the unnamed tributary as
part of development of a campground. The impacted stream is a tributary to Meadow Fork which is
Hatchery Supported Designated Public Mountain Trout Water downstream of the project site.
During the site visit it was discovered that pond construction was nearly complete. The dam and
stand pipe were in place with some final grading of the dam and pond edges in progress. This was in
violation of the 404 permit process, making this an after - the -fact permit application. It did not appear that
the pond site contained any wetland areas and the impacted stream was to small to support trout. I
probably would have had no objection to the project if I had viewed the site before construction began.
Therefore, the NCWRC has no objection to the issuance of this after - the -fact permit, provided the
following conditions are met:
During filling of the pond, one -half base flow of the stream must be maintained downstream of the
dam. Flows to the stream must not be cut off completely during pond filling in order to maintain
aquatic life below the dam.
Temporary or permanent herbaceous vegetation (grass) must be planted immediately on all bare
soil on the dam and around the pond edges to provide long -term erosion control.

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3) Silt fence needs to be installed along the toe of the dam to prevent any off -site sedimentation from
reaching the unnamed tributary. The silt fence should remain in place until permanent ground
cover is established on the dam.
4) The applicant needs to be aware that in the future any work in the stream or wetlands on his
property should not proceed without first receiving the proper USCOE 404 and State permits.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 910/366 -2982.
cc: Ms. Stephanie Goudreau, Mt. Region Coordinator
✓Ms. Jenny Rankin, WSRO/DEM
Mr. Herman Bennett, applicant

' 1
MEMORANDUM PRINT NAMES:
Reviewer. Tenn] RunlLtn )Beth HorFon
TO: JOHN DOR�IEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: ABc;t 1, 199-4
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ;; -•
PERMIT YR: 97 PERMIT NO: 0000297 COUNTY: ALLEGHANY
APPLICANT NAME: HERMAN BENNETT
PROJECT—TYPE: POND CONSTUCTION
COE #:
RCD_ FROM _CDA: APP
REG_OFFICE: WSRO
RIVER_AND_SUB_BASINJ: 050701
STREAM CLASS: B
PERMIT TYPE: NW 26
DOT #:
DATE FRM CDA: 03/27/97
STR_INDEX_NO: 10- 1 -37 -1
RECEIVE[,,
OR 16 1991
FjVV1R0NWNrAC SGl�N�,F;S
WL_IMPACT? : Y1�N) WL_TYPE : `t rc cxm
WL REQUESTED: O WL_ACR_EST ?:�N
WL_SCORE M : N/A WATER IMPACTED BY FILL?: MN -'Dc-,-m
MITIGATION ?: Y/® MITIGATION_TYPE: N/A
MITIGATION_SIZE:N /A DID YOU REQUEST MORE INFO ?: Y/C
IS WETLAND RATING SHEET ATTACHED ?: Y/&
HAVE PROJECT CHANGES /CONDITIONS BEEN DISCUSSED WITH APPLICANT ?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE /COND DENY
COMMENTS: Pcnc1 i5 IeSS fhcL-n i o 5i Z Ic -n V-�j
of 1 1e �i�c�r� t vC� E eat �1r1 e e�e� `O,J
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CC: Regional Office
Central Files

9T 029
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
M r• To k,% ► k o w a s WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, North Carolina 27607
ATIN: MR. JOHN DORNEY
,d,s-" Telephone [phone] r
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
/ SE;TX44) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT. g) `
1. Owners Name: �/� t- �►�l c� l� - �/V�e /
2. Owners Address: v2�'it�- ���v`a��/` %� /?�vA°y a , �4�,Z�,�Ur Y
3. Owners Phone Number (Home): 7o u sz/ -z/o g'`S' (Work): 25,141-
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST. ATTACH MAP). County: %%D11 <71 We �a�A 9�6 Ale?
Nearest Town or City: C U t- V
Specific Pcation (Include road numbers landmarks, etc.): X/, �# /rl it
6. Name of Closest Stream/River.. f- �e-� i �' 9 /� / i^ �rJ 3 ; r►��
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [tj--
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: fi % ,4 e
Drained:
Flooded:
Excavated: -% ��'L �� • F 9 99j
Total Impacted: e, { '``

Crv«y l)e- k&-" 6I'-CkI- )
12. Description of proposed work (Attach PLANS -8 1/2" X 11" drawings only): -74�tLh 40 r
13. Purpose of proposed work: 7—i—b LrV P C* 14 d
14. State reasons why the applicant be8eves that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. I►� I--eg P.0 r- n�+ 4( N Aaa I c�l : IJ c(_�
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [�4— NO[ ]
RESPONSES FROM THE USFWS AND /OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES j ] NO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is- required for this project, attach copy. f
E. V � hat is land use of surrounding property ?
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date

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