20081216 Ver 1_401 Application_20080808

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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Ceramcations, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
www.saw.usace.army,miI/wetlands/Pei-mits.btm1.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at www.saw.usace.army.mil/wetlands/index.html, or contact one of the field offices
listed on page 3 of this application. The website also lists the responsible project manager for each
county in North Carolina and provides additional information regarding the identification and regulation
of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page I of I
Office Use Only: Form Version March 08
08 1
USACE Action ID No. DWQ No. 2 1 8
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing COURT COURTESY
1. Check all of the approval(s) requested for this project: 'py
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 10
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
Owner/Applicant Information
Name: WESTPOINT LUXURY APARTMENTS
Mailing Address: P.O. BOX 2021 ASHEBORO, NC 27204
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent/Consultant 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: JESSE W WILSON P.E.
Company Affiliation: SITE & UTILITY DESIGN SERVICES P.A.
Mailing Address: 170 WORTH STREET ASHEBORO NC 27203
Telephone Number: [phone] Fax Number: [phone]
E-mail Address Jwwilson(a,rtmc.net
Page 5 of 5
III. 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.
Name of project: WESTPOINT LUXURY APARTMENTS
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):7740936604
4. Location
County: RANDOLPH Nearest Town: ASHEBORO
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): SOUTH DEAD END OF OAK
LEAF RD.
5. Site coordinates (Lat/Long or decimal degrees): N 35d 40' 53.4" W79d 50' 30.3"
(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. Property size (acres): 24.3±
7. Name of nearest receiving body of water: UT TO LITTLE RIVER, CLASS C
8. River Basin: YADKIN, STREAM INDEX 13-2541)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: 1) SITE HAS BEEN TIMBERED, LAPS REMAIN. SLOPES
RANGE FROM 2-20%. (2) SITE ABUTS COMMERCIAL & BUSINESS PROPERTIES
ON NORTH & WEST RESIDENTIAL ON EAST & SOUTH.
Page 6 of 6
10. Describe the overall project in detail, including the type of equipment to be used: 28 MULTI
-FAMILY APARTMENT BUILDINGS STREETS PARKING STORAGE UNITS,
CLUBHOUSE ETC DOZERS TRACK LOADERS BACKHOES, PANS, ETC.
11. Explain the purpose of the proposed work: RESIDENTIAL APARTMENT COMPLEX
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.
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
VI. 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 the proposed impacts:] 30 LF PERENNIAL STREAM IN
CULVERT AT D/W CROSSINGS 1-S & 2-S. 20 LF TEMPORARY PERENNIAL
STREAM CROSSING 9, 2-TS 714 SF STREAM FED WETLANDS REMOVAL @ 1-W
Page 7 of 7
D/W CROSSING 20 LF WETLANDS DISTURBANCE INTERMITTANT STREAM
CROSSING (TEMPORARY) 2-W.
2. Individually list wetland impacts. Types of 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.

Wetland Impact

Site Number
(indicate on map)

ype of Impact
Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within

1 00-year

Floodplain
( es/no) Distance to

Nearest

stream
(linear feet) Area of

Impact

(acres)
I-W DRIVEWAY X-ING CREATED/STREAM- NO 5 0.017
60" CULVERT & FED
REMOVE EX. 18"
I-TS 2-24" CULVERTS INTERMiTTANT NO 0 0.0009
{TEMPORARY} STREAM

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0159
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 acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet) Area of
Impact
(acres)
I-S UT TO LITTLE R. 66" CULVERT P 1'-2' 60.7 LF 0.0025
2-S UT TO LITTLE R. 72" CULVERT P 1'-2' 75.0 LF 0.0036
2-TS UT TO LITTLE R. 18" CULVERT P 1'-2' 12 LF 0.0009

Total Stream Impact (by length and acreage) 147.7 LF 0.0070
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name Waterbody
p )
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc, Area of
Impact
(acres)

Page 8 of 8
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Imp act (acres): 0.0060
Wetland Impact (acres): 0.0149
Open Water Impact (acres):
Total Impact 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 USACE.
Pond Creation
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.):
Current land use in the vicinity of the pond:
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.ALL PERMANENT &
INTERMITTANT STREAM CROSSINGS_ WILL BE PROTECTED USING DIVERSIONS &
SEDIMENT FENCE. TEMPORARY CROSSINGS WILL BE REMOVED & THE AREA
REPLANTED WITH STABILIZING VEGETATION.
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
Page 9 of 9
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
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 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 NCEEP 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.
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://h2o.enr.state.nc.us/wrp/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):_
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):_
Page 10 of 10
DL Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
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.
Zone* Impact Multiplier Required
I (square feet) Mitigation
3 (2 for Catawba)
1.5
Total I I I
" Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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 1 I
XI. 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.EXISTING SITE AREA=24.3 Ac.
NO IMPERVIOUS ACREAGE EXISTING. PROPOSED DEVELOPED IMPERVIOUS
ACREAGE=9.7 Ac. PRE-DEVELOPED IMPERVIOUS=O%
POST-DEVELOPED IMPERVIOUS=31.4%
XU. 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 violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. 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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
Page 12 of 12
Appiicant/Agent's Sipature Dat
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
WWetland and Natural Resource Consultants, Inc.
May 22, 2008
Attn: Mr. Walker Moffitt
1087 Bunting Rd.
Asheboro, NC 27205
Re: Walker Moffitt Property, 25 acres
Randolph County, North Carolina
Detailed Wetland Report
Mr. Moffitt:
At your request, the Walker Moffitt Property was evaluated for the presence of Waters of the
United States. Methodologies were consistent with the Corps of Engineers Wetlands Delineation
Manual (1987) and Corps Regulatory Guidance Letters. The evaluation generally follows section D.
Subsection 2 of the Corp's manual, The Corps is the ultimate authority for wetland and channel
determinations. Evaluations conducted by consultants are subject to verification by the Corps of
Engineers and the NC Division of Water Quality.
Channels:
Channel determinations are based primarily on the definition of Waters of the US found in 33 Code
of Federal Regulations, Section 328. The jurisdictional extent is considered the upper limits of the
ordinary high-water mark as found in the field. The Corps District Office has provided additional
regional guidance for jurisdictional designations on drainage features.
During our delineation of the site, we assessed there to be five jurisdictional channels (relatively
permanent waters) located on the property. These channels were flagged in the field with orange
and yellow flagging and labeled Ch 100-163, Ch 200-218, Ch 300-301, Ch 400-422, and Ch 500-505.
These streams are shown on the attached map as light blue lines, with the exception of Ch 100
which is shown as a large, dark blue line. These channels need to be located in the field by a
licensed surveyor.
The major tributary running through the center of the property has characteristics of a perennial
stream. All other channels range from ephemeral to intermittent and may be excluded from
jurisdiction in the late summer based on then present flow characteristics. This assessment is
based on observed site conditions related to the recent timbering that disturbed the soils in the
drainage features.
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax
Wetlands:
WNR performed the wetland delineation with the intent of determining jurisdiction for only those
areas exhibiting all three required wetland characteristics. Potential wetland areas on the site
were evaluated for the presence of hydric soils and evidence of wetland hydrology and vegetation.
In these areas, hydrologic proof would be the existence of hydric soils with oxidized root channels
in the upper 12 inches of the "A" horizon. Other indicators of hydrology may include water borne
deposits, drift lines, scour marks, or other regional indicators of soil saturation.
After close examination of soil borings, we found one wetland area located on the property. It was
flagged in the field with orange and yellow flagging and labeled WL 1000-1006. This wetland area is
shown on the attached map as a light green polygon.
We also found what appear to be two Best Management Practice (BMP) wetlands on the site. It is
our opinion that these are man-made and are therefore not considered jurisdictional by the Corps
or DWQ. However it is possible that after a site visit, these areas might be considered
jurisdictional wetlands. They were flagged in the field with orange and yellow flagging and labeled
BMP 100-105 and BMP 200-204. These areas are shown on the attached map as dark green
polygons.
Some potential wetland areas also exist on the site that possess two of the three required
characteristics of regulated wetlands. We assessed them to be non-jurisdictional. However, these
areas are shown on the attached mop as purple lines, because they could potentially be considered
regulated, depending on the recent weather conditions at the time of a site evaluation.
Water Quality Classifications
The features onsite drain to the Little River, which is classified a Class "C" Water according to the
NC Division of Water Quality, and it is not listed as impaired on the 303d list. NPDES Phase II
Stormwoter Regulations may apply for the site.
Permitting
We recommend that our field assessments be approved by the Army Corps of Engineers prior to
submittal of a wetland impact permit request. The flagged limits need to be surveyed to produce a
wetland delineation map for certification which can be utilized to account for proposed impacts.
The Corps will need to be notified of any impacts to Jurisdictional Waters of the US. If this
project requires a permit, it will most likely be permitted under either a Nationwide 29 or 39. NW
29 is for residential development, while NW 39 is for commercial developmeht. Authorization
under either permit will require Pre-Construction Notification to the Corps, while notification to
the North Carolina Division of Water Quality (DWQ) will depend on impact length (if total impacts
equal or exceed 150 linear feet of stream, 1/10 acre of jurisdictional waters, and/or 1/10 acre of
wetlands under Nationwide Permit 29 or 39). Channel impacts are measured along the centerline of
the channel, and may be in one contiguous length or broken into multiple segments, These
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 fox 2 828-465-3050 Fox
notification amounts reflect the changes implemented in the current Water Quality Certifications
in place as of November 1, 2007.
Nationwide permits may not be used for activities that may result in the loss or degradation of
greater than 300 total linear feet of perennial stream or intermittent stream that exhibits
important aquatic function(s). Loss of stream includes the linear feet of stream bed that is filled,
culverted, rip-rapped, or flooded by the proposed activity. In the event that the project impacts
more than 300 linear feet of stream or I acre of waters, it will be necessary to apply for an
Individual Permit.
Normally, compensatory mitigation is required by the Corps for impacts that require notification in
the form of avoidance and minimization, riparian buffer conservation easements, and/or
restoration. Impacts exceeding 150 linear feet, but less than 300 linear feet of important channel,
will be more difficult to attain and will be subject to a more thorough review for avoidance,
minimization, and compensatory mitigation. Typically, this mitigation must account for the
restoration of the some length of channel that is impacted by the development by the Division of
Water Quality if aquatic life is present (fish, crayfish, aquatic salamanders). Channel restoration
could be accomplished through a state in lieu fee or by mitigating on site.
Under the new 401 Water Quality Certifications, the DWQ requires permanent storm water
treatment 8MP's for any project that impacts regulated streams, wetlands or waters and exceeds
24% impervious. Specifically, notification to DWQ will be required for projects that 1) require a
404 Permit from the Army Corps or an Isolated Wetlands Permit and 2) contain "one or more
drainage areas that are anticipated to have impervious surface cover of equal to or greater than 24
percent." Also, any impacts to streams involving excavating or dredging will require notification to
DWQ. Furthermore, Wilmington District's Regional conditions prohibit discharge of stormwater
management facilities into perennial streams and wetlands when using Nationwide permit 29 or 39.
In accordance with Water Quality Certification 3705, any culverts required for road crossings
`shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. This involves burying culverts one foot below
the elevation of the streambed for culverts with a diameter of 48" or greater or burying smaller
culverts by 20% of the diameter of the culvert below the streambed. Additional local conditions
and notification requirements may apply.
Please call with any questions that you have, or to discuss possible permitting scenarios.
Best regards,
Matt Blackburn
828 / 302-2373
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fox
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