19980228 Ver 1_COMPLETE FILE_19980312

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director kT?Wi
/ •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 7, 1998
Alleghany County
DWQ Project # 980330
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Herman Bennett
111 Miller Road
Laurel Springs, NC 28644
Dear Mr. Bennett:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.05 acres of wetlands or waters for the purpose of constructing a pond at your property at
111 Miller Road. 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 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 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 211 .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.
Pond shall be designed to release cold water from the bottom or middle of the pond to assure
temperature control downstream.
Construction in the channel shall not be done before April 1, 1998.
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Wilmington DWQ Regional Office
Winston-Salem
John Dorney
Central Files
inc e ,
yr
Pre on Ho'4.E. 98033
0.1tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
")!fi?MORANDIJM
TO: John Dorney Regional Contact: _ rf-
Non-Discharge Branch WQ Supervisor: 57??'G lhl7t142?55?
Date: d 3 3 U
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Herman Bennett County AlleghanN
Project Number 98 0228 ounty2
Recvd From APP Region Winston-Salem
Received Date 3/12/98
Project Type pond
Certificates stream
Permit; Wetland Wetland Wetland Stream Glass Acres Feet
Type Type Impact Score Index Prim. Supp. Basil Req. Req.
26 BLII 9Y O N 10-1-37-2 B Tr 050701 0.500 F
Mitigation Wetland
MtigationType Type Acres Feet
APR - 2 1998 'a
is mitigation requires-r V Y W N
Did you request more info? Q Y ® N
Is Wetland Rating Sheet Attached? Q Y ® N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y ® N
Recommendation: O Issue ® Issue/Cond O Dpnv
cc: Regional Office
Central Office
r!
MEMORANDUM
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army Corps of Engineers
FROM: Joe H. Mickey, Jr. Western Piedmont Region Coordinator
Habitat Conservation Program
DATE: March 9, 1998
SUBJECT: Review of an application by Mr. H. Bennett, Mt. Side Campground, to
construct a pond on an unnamed tributary to Meadow Fork Creek,
Alleghany County.
Mr. Herman Bennett, Mt. Side Campground, Rt. 1 Miller Road, Laurel Springs,
North Carolina 28644 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. A site visit was conducted with Mr. Bennett on March 6, 1998.
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).
Mr. Bennett proposes to construct a pond, less than one acre in size, on a small
tributary to Meadow Fork Creek, which is NCWRC Designated Public Mountain Trout
Water managed as Hatchery Supported. The purpose of the project is to provide a trout
catch-out pond for tourists and individuals staying at Mt. Side Campground. Mr. Bennett
currently maintains a small trout hatchery in the unnamed tributary just above the
proposed lake site. Less than 150 linear feet of stream channel (estimated average width
is 3 feet) will be impounded. Pond construction will occur in a agricultural field and old
growth field. No wetlands were observed on the site.
Based on the information provided by the applicant during the site visit, we have
no objection to the project as proposed provided the following conditions are
implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning season of October 15 through April 1 to protect the egg and fry
stages of in Meadow Fork Creek from off-site sedimentation.
2. Stringent erosion control measures should be installed where soil is disturbed and
maintained
until project completion.
r?
3. Permanent herbaceous vegetation in disturbed areas should be established within 10
days of
ground disturbing activities to provide long term erosion control. We prefer a "seed as
you go"
strategy rather than allowing a large amount of soil to lay bare.
4. During pond construction, work in the live stream flowing through the new pond site
should
be avoided as much as possible to lessen downstream sedimentation impacts.
5. The pond outlet structure (standpipe) should be designed to release cool water drawn
from the
bottom of the pond. This will ensure good water quality in the pond and provide cooler
water to
waters supporting trout.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/366-2982.
cc: Mr. Eric Galamb, Division of Water Quality, Raleigh
Mr. Herman Bennett, applicant
COPY
® North Carolina Wildlife Resources Commission®
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM yt
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army. Corps of Engineers 1 ,
h `
FROM: Joe H. Mickey, Jr. Western Piedmont Region Coordinati' "-
Habitat Conservation Program t
original signed W.011
Joe Mickey --=?
DATE: March 9, 1998
SUBJECT: Review of an application by Mr. H. Bennett, Mt. Side Campground, to construct a
pond on an unnamed tributary to Meadow Fork Creek, Alleghany County.
Mr. Herman Bennett, Mt. Side Campground, Rt. 1 Miller Road, Laurel Springs, North
Carolina 28644 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. A site
visit was conducted with Mr. Bennett on March 6, 1998. 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).
Mr. Bennett proposes to construct a pond, less than one acre in size, on a small tributary
to Meadow Fork Creek, which is NCWRC Designated Public Mountain Trout Water managed as
Hatchery Supported. The purpose of the project is to provide a trout catch-out pond for tourists
and individuals staying at Mt. Side Campground. Mr. Bennett currently maintains a small trout
hatchery in the unnamed tributary just above the proposed lake site. Less than 150 linear feet of
stream channel (estimated average width is 3 feet) will be impounded. Pond construction will
occur in a agricultural field and old growth field. No wetlands were observed on the site.
Based on the information provided by the applicant during the site visit, we have no
objection to the project as proposed provided the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during
the trout spawning season of October 15 through April 1 to protect the egg and fry stages of in
Meadow Fork Creek from off-site sedimentation.
Mr. Thomas 2 3/9/98
Bennett pond
2. Stringent erosion control measures should be installed where soil is disturbed and maintained
until project completion.
3. Permanent herbaceous vegetation in disturbed areas should be established within 10 days of
ground disturbing activities to provide long term erosion control. We prefer a "seed as you go"
strategy rather than allowing a large amount of soil to lay bare.
4. During pond construction, work in the live stream flowing through the new pond site should
be avoided as much as possible to lessen downstream sedimentation impacts.
5. The pond outlet structure (standpipe) should be designed to release cool water drawn from the
bottom of the pond. This will ensure good water quality in the pond and provide cooler water to
waters supporting trout.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/366-2982.
cc: Mr. Eric Galamb, Division of Water Quality, Raleigh
Mr. Herman Bennett, applicant

CORPS ACTION ID:
DEM ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:r
1) NOTIFICATION TO THE CORPS OF ENGINEERS a a"
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANNT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES'SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: .4-e ri m a /7 rI + -e-mlee- f t
l yQ j )V? f • SUBDIVISION NAME:
CITY: V I?t? <its,: /VgSTATE: V' C? ZIP CODE: T
2 MAILING ADDRESS: PROJECT LOCATION ADDRESS, INNCC?UDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): lh! -
3. TELEPHONE NUMBER (HOME) : 3J4 --S S 24OZ 10RK) Awl -4-
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL.aOTOGPHY WITH SCALE): ?
COUNTY: NEAREST TOWN OR CITY: ?Y
s.
1

PECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
p Lt j [
D 'p /` D
.z_-"

4 0?- 4L 40
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: fY f
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES [L]am NO [ ] IF YES, EXPLAIN: 7?- 12 U -t-
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [!,]--
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
IV o
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [1,1- IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO ["- IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: -r - '
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
M

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: -f o? A c? EXCAVATION: -Y S /V e
FLOODING : A 6 /? -0- OTHER:
DRAINAGE: : , O s- Q TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: .7- '1 &V FT AFTER: F /v eN'e- FT
WIDTH BEFORE (based on normal high water contours): -- FT
WIDTH AFTER: -4 FT
AVERAGE DEPTH BEFORE: - FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER:
CONSTRUCTION OF A DAM/FLOODING: 1l
11. IF CONSTRUCTION OF A POND IS PROPO ED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? .2 `9- -
WHAT IS THE EXPECTED POND SURFACE AREA? / 5--z
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIP NT TO BE USE (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : 7s- d c? lam---k * ..Q
13. PURPOSE OF PROPOSED WORK:
3
?1 I
15. YOU'ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR-NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY QUID
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE?tEQUi-RE-D-T-O-CON-TACT_ THE STATE HISTORIC PRESERUAT--ON-DFFICER
(SHPO) (SEE AGENCY ADDRE-SSES__SHEET)--REGARDING THE PRESENCE OF HISTORICE
PROPERTIES--3-N'Z`fE-PERMIT AREA WHICH MAY BE AFFECTED BY THE--PROPOSED
PROJECT. DATE CONTACTED:-
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO I (1F NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ) NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE MANAGEMENTIREGARDINGHE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
--

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH P_ COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
S, J? g
DATE
5

59.58' [phone]
s/r HWY 21-1
SP RTA
20' A/F MT. SIDECAMPGROUND
tijb4// / I { V -
C14 HWY 88
Tro S"Rr o ULL I 13 W. JEF RSON 3
BAW NOM CD X
LA UREJ. SPRINGS
-RR D.
/
1 45, VIP"
N 21'29'22" W 80USd I
CD I } ? ? TO WILKESBORO TON. WILKESBORO
15123' TOTAL
/ 8107-35,2,
7 35'rW j/ORV?II'7' /B
N 44'051'
E
92.41'
4 4713'09"E
120.80'
S/B' Rd'BIR
19.81'
le 00, ool "BAR 5.99 ACRD'S
58'23'00" W
-?hrOYAS Y X1LMR
1_54' TOTAL
31'43'Od E
101.00'
s/8 "ma
:205.15 w ? ?? P??r
48.42' /
?y
i/ des
&O
0

M
?'o1
O
N

jwlwNWM!Mr
it
I1B. 143, P. 638

way
tAl) y
,,?< - k
/f Pit
??lf
F.,:;, ,q/-.Q-