19970460 Ver 1_COMPLETE FILE_19970527

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
?EHNR
June 27, 1997
Polk County
DWQ Project # 970460
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Tim Smith
Jim Smith and Assoicates
P.O. Box 4125
Spartansburg, SC 27305
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to retain fill material
in 0.1 acres of wetlands or waters for the purpose of constructing a residential development at Lake Adger
development, as you described in your application dated 19 May 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Numbers 3103 and 3108. These certifications
allow you to use Nationwide Permit Numbers 14 and 26 when they are issued by the Corps of Engineers. 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 Stotmwater, 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 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. Deed
restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional
wetlands and waters to prevent future fill. These mechanisms shall be put in place within 30 days of the date of this
letter.
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.
Sinc TTn Howatrci, Jr. P.E.
Attachment
cc. Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Nick Roark, Ecological Associates
970460.1tr
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°/a recycledtl0% post consumer paper
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ECOLOGICAL ASSOCIATES, LLC ?,? F?
Ecological - Environmental - Natural Resources Consulting 0 -?
4676 Bears Bluff Road • Wadmalaw Island, SC 29487 • [phone] F??91 iyy?
LETTER OF TRANSMITTAL
GENTLEMEN: WE ARE SENDING YOU ? Attached ? Under separate cover via the following items:
? Shop drawings ? Prints ? Plans ? Samples ? Specifications
? Copy of letter ? Change order ?
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE.
COPIES DATE NO. DESCRIPTION

SSf?I 5 ll
LI/

THESE ARE TRANSMITTED as checked below:
? For approval
? Approved as submitted
? For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? Resubmit copies for approval
? Submit copies for distribution
? Return
corrected prints
? FOR BIDS DUE 19 ? PRINTS RETURNED AFTER LOAN TO US
COPY TO
Signed:
4.1
ORIGINAL
pre
1
ECOLOGICAL ASSOCIATES, LLC
Ecological - Environmental - Natural Resources Consulting
4676 Bears Bluff Road Wadmalaw Island, SC 29487 • [phone]
May 19, 1997
Mr. Steve Chapin
USACE - Regulatory Branch
Asheville Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Mr. Mark Davis
North Carolina Wildlife Resources Commission
Route 1, Box 624
Waynesville, North Carolina 28786
Mr. John Dorney
N.C. Dept. Environment, Health & Natural Resources
P.O. Box 29535
Raliegh, North Carolina 27626-0535
070460
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SUBJECT: Pre-construction Notification - Nationwide Permit 14 and 26
Lake Adger Development - Polk County, NC
Dear Mr. Chapin, Mr. Davis, and Mr. Dorney:
Please find attached a Pre-construction Notification (PCN) to impact 0.10 acres of
waters/wetlands for minor road crossings associated with the Lake Adger Development,
located along the south. side of Lake Adger, near Columbus, Polk County, North Carolina.
The following information is contained in the PCN:
1) Location of road crossings on 1:400 scale topographic map
2) Typical cross-section of proposed roadways
3) Location maps
4) Completed PCN form
5) Location of crossings on 7.5 minute topographic map
The project consists of constructing 10 individual road crossings within the proposed Lake
Adger Development. The purpose of the work is to provide access for single family
residential development. The 10 crossings will occur in the first three phases of the
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development (Phases A, B, and C), in a project area of approximately 274 acres. The
impacts to waters/wetlands for the individual crossings and their dimensions are listed in
Table 1 below.
Table 1. Road crossing data for Phases A, B, and C of Lake Adger Development.
ROAD CROSSING/TYPE DEWENSIONS (Feet) ACREAGE (Square Feet)
Al - Waters 60 x 4 240
A2 - Waters 60 x 4 240
A3 - Waters 45 x 4 180
B 1 - Waters 110 x 6 660
B2 - Waters 110 x 6 660
B3 - Waters 50 x 4 200
C1 - Waters 60 x 3 180
C2a - Waters 60 x 4 240
C2b - Wetlands 60 x 20 1,200
C3 - Waters 30 x 12 360
C4 - Waters 30 x 3 90
Total 615 linear feet 4,250 - (0.097 acres)

All the road crossings except C2 cross only waters of the U.S., commonly known as bed-
and-bank streams. These stream crossings are generally well incised, small tributary streams
ranging from three to 12 feet wide. Road crossing C2 crosses a small stream with a wetland
fringe along both sites. Dimensions of the wetland (C2b) and waters (C2a) impacts have
been shown separately for this crossing.
All road crossings except Al and A3 are single crossings of separate waterbodys. Crossings
Al and A3 cross the same stream.
Six of the 10 road crossings have recently been constructed. The construction of access
roads for this development was thought to be authorized under Nationwide Permit 26 (NWP
26), without advance notification, since the total area to be impacted was less than one-third
(0.3) acres, total linear feet of stream impact was less than 500 feet, the crossings were
single and complete crossings of separate waterbodys, and all Nationwide Permit and Section
404 conditions were being satisfied. However, we have recently become aware that Polk
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County is classified as a "trout county", which requires notification to the U.S. Army Corps
of Engineers and the N.C. Wildlife Resources Commission (WRC). Also, necessary design
changes have resulted in an expansion of selected crossings, resulting in greater than a total
of 500 linear feet of stream impact. During a recent site meeting with the U.S. Army Corps
of Engineers (USACE) it was agreed that a PCN should be submitted for the existing and
proposed crossings with copies to the WRC and the N.C. Dept. Environment, Health and
Natural Resources (DEHNR).
Accordingly, we are seeking authorization for nine individual road crossings under NWP 14,
and authorization for one road crossing (A3) under NWP 26. Please provide your response
to this notification at your earliest convenience. Please call Mr. Nick Roark at (803) 559-
4127, or Mr. Jim Smith at [phone] if you wish to conduct a site visit. We appreciate
your consideration in this matter.
Sincerely,

D. Nick Roark
Ecologist, President, EA, Inc.
Enclosures
3
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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
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Jim Smith & Associates
2. OWNERS ADDRESS: P.O. Box 4125 - Spartanburg, S.C. 29305
3. OWNERS PHONE NUMBER (HOME): (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Nick Roark - Ecological Associates. Inc.
4676 Bears Bluff Rd. - Wadmalaw Isl.. S.C. 29487
[phone]
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Polk
NEAREST TOWN OR CITY: Columbus, N.C.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Property
is located south of Lake Adger, north of Silver Cr. Rd.
efer to attached location maps.
6. NAME OF CLOSEST STREAM/RIVER: Lake Adger (Green River), Silver
Creek, Ostin Creek
7. RIVER BASIN: Green River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT-e., SA, HQW, ORW,
WS I, OR WS II? YES [X] NO [ ] ..
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS o OF THOEO U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 4
6/10/92
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11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: O. l 0AC r e S
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 0.10 Acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Placement of fill in
bed & bank streams with appropriate sized culverts to construct
10 separate road crossing s. Refer to attached.ttopo -map_for
Phases A, B, C.
13. PURPOSE OF PROPOSED WORK: Roadway access for single family
residential development
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. There are no feasible alternatives to the proposed road
crossings to gain acceptable access to the sites proposed
for development
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 [ ] NO [X]
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 ( ] NO [X]
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.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural SFR, small farms
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Septic tank
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06/17/1997 15:51 7042516452 PAGE 01
MORANDUM PRINT NAMES.
reviewer: a.? r er
r0 ! JOHN DORNRY J.^A -733.995 Wa SUpv. - ? r
ENVIRONMENTAL SCIENCES BRANCH DATE: r
SUBJECT; WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE X/A FOR. NOT APPLICABLE) ***
PERMIT YR: 97 PERMIT NO: 49W46 COUNTY: POLR
APPLICANT NAME; JIM SMITH & ASSOCIATES (LAKE ADG
PROJECT TYPE: ROAD CROSS-RES. DEV. PERMIT-TYPE: NW14,26
UOE #; DOT #:
RCD?FROM CDA: APP DATE FRM CDA: 05/27/97
REG OFFICE : AR,O -
ZIVER-AND SUB`BASIN_#: 030803
STREAM CLASS: C
WL_IMPACT?: Y(p
Wt-REQUESTED: ?V
WL_SCORE(#) : `rtfa
MITIGATION?: Y,
STR INDEX. NO : 9-29-(33)
WL_TYPE:
ML,_,,,ACR EST?: Y/N
WATER. IMPACTED By PILL? : YM
MITIGATION-TYPE
MITIGATIOX-SIZE: ' R DID YOU REQUEST MORE INFO? : Y
IS WETLAND RATING SHEET ATTACHED?: Ya
HAVE PROJECT CHANGES/CONAITIONS BEEN DISCUSSED WITH APPLICANT?,. Y .
RECODWNDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS:
C ,I-!
C, Regional Office
Central Files