20041206 Ver 1_COMPLETE FILE_20040723

MEMORANDUM
TO: John Dorney Regional Contact: Barnett, Kevin
Non-Discharge Branch WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Philip T. Brown
Project Number 04 1206
Recvd From APP
Received Date 7/23/04
Project Type pond construction
Recvd By Region
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
County Henderson
County2
Region Asheville
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
? S
F t r eam ©YO N 6-55-F 40,302.
F 146.OC
Miticlation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y OQ N
Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N
Is Mitigation required? O YO N Recommendation: O Issue 0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
issued 08/18/2004`"
cc: Regional Office
Central Office Page Number 1
Triage Check-List
Date: Project Name:
To: [ ARO Mike Parker
? FRO Ken Averitte
? MRO Mike Parker
? RRO Steve Mitchell
From: &c_v 1, lMr
T &00w
DWQ#: o q (zu(,
County: r v? r?PAJ?DY?
? WaRO Deborah Sawyer
? WiRO Joanne Steenhuis
? WSRO Jennifer Frye
Telephone : (919) X33-5?lS
The file attached is being forwarded to ypur for your evaluation.
Please call if you need ass!stance.
? Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps.
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: Is kQ _ enAtymi ia„ -ov- ?.2v_-tmicd Aim,
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Office Use Only: 0 412 0 6 Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
[0 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
[?r401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: /1,Z4_
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 (verify availability with NCWRP prior to submittal of PCN), 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: ?
H. Applicant Information
WETLANDS/ 401 GROUP
Owner/Applicant Information
Name: ?h; ?; P 7". ?ro w
Mailing Address: Z 7 3 Z K.4 pi
Z8
Telephone Number: (ra) (9,Y-
E-mail Address: -va ncl kliroa
Fax Number:
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.)
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
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.
1. Name of project: oHOl ?r z?3Z k446(14
2. T.I.P. Project Number or State Project Number (NCDOT Only): N14
3. Property Identification Number (Tax PIN): 00 - 9557- 8iil- 9Z 4 6 -55
4. Location //
County: PgAj2v,50r1 Nearest Town: uerld8rsorn?A&
Subdivision name (include phase/lot number):-&ayw,a rt EsWales. 56L-aw3 W -411,1-m r of 1-s-t E
Directions to site (include road numbers, landmarks, etc.):vawe l?e?erseav:lle, .a?el ?u?? oN
5. Site coordinates, if available (UTM or Lat/Long): MyLiygm
(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): 40t SiZ9 ;:s 2.07 44re5
7. Nearest body of water (stream/river/sound/ocean/lake): ?/?rr?a T.du?iird X44 6wk
8. River Basin: Yet1A aal -rs?e?
(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: -P*asg wXJAe?ec? " '4 , A' IW
Page 6 of 6
10. Describe the overall project in detail, incluAdmi a the type of equipment to be used:
11. Explain the urpose of the propose
Aa52 See_ u?e&42d "
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.
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. 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.
Page 7 of 7
1. Provide a written description of the proposed impacts: N114
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

I
i i i i i I
* List each impact separately and identify temporary impacts. 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.
* * 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.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name**

l Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please s eci )

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* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
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 nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us¢s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: +/- 96 Aeet
Page 8 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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 ©s-tream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): "P/cQ5e see dd?
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout ond,
local stormwater requirement, etc.): .5i64 yv?;oh? 4;Am'0„d/ .• e? tiv;.rdh,?
Size of watershed draining to pond: d HegN ' Expected pond surface area:.-t" /- i1 Zoo s..
Lefs;ze is Z.0Aeres
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 cons/trlu/cttio/p to re luce_i/mpacts.
y
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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 9
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.ne.us/ncwetlands/strmgide.htn1.
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 Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal" of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. 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):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 10
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land? ,?,/-'
Yes ? No 52
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 ?
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 ?
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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requireme ts), 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* (squImpact are feet) Multiplier Mitig t n
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 11
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 (required by DWQ)
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.
/Ud j?DO.r/yfad5 ACv2Q9B -?ior ?e. ??o?,????;???.
XH. 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.
loo (,,Ja5?2tJa ,lo lie ora ra re At o", se r eef.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC H .0500) or an y Buffer Rules?
Yes [v]? ` No ? ?,le Wer¢ X46; eal Ali '04 Oad ly e?
70%41e wefla«Q0 '/?9., kow?dev we zcof Iae/eZ
Is this an after-the-fact permit application? 44e Wea IdAdi 4Ae rvvaal" is ?o polmseel -o bG /
Yes No ? Cvas eq/? a? *deee. ?d
501-1 spread is o? c.JOU.Ia be G9sc.S?'??f/BA?it B?
XIV. Other Circumstances (Optional): aWA. ItAi3 41JA6 A. aYA6Sy
Proposeal.,/e Ge re laAweW -k grass i.+1 vN ?s+?2yi ?e`l sJ?'O
CBftS?YKe?i?isl.
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).
O
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Additional Information
111. 9. The site is a small stream, an unnamed tributary of Mud Creek, located on our
property at 2732 Kanuga Road. The stream is below a grassy yard below our home.
(Please see attached site plan.) Work began to remove sediment build-up from stream
and to begin construction of a small pond before we learned that the work required
permitting. Silt fences for sediment control were deployed prior to beginning work and,
at the recommendation of Mr. Kevin Barnett of the NC Division of Water Quality,
temporary stone check dams have been installed where requested. Excavated silt and soil
have been spread over a level grassy area of our yard adjacent to the site where we hope
to construct the pond. The general land use in the vicinity of the project is the residential
subdivision of Beaumont Estates, of which our lot and the proposed pond site is a part.
III. 10. The project we request approval for is to cleanout silt/sediment deposited from
upstream of our property and to construct a small pond as an aesthetic, recreational, fish
and wildlife feature to our home. We propose excavating with a backhoe to remove
collected sediment and to create a pond (please see attached site plan) and also to use a
bulldozer to spread the removed sediment and soil to create a dam. The remainder of the
removed sediment and soil would be spread on a level yard area adjacent to the proposed
pond and the dam and yard area would be sewn in grass. Compacted clay soil would be
used for a core of the dam and soil from the pond excavation would be used to encase the
core. A standard flanged overflow pipe of 12" diameter and in' L" shape would be used
to allow water at the pond to enter and spill out back into the stream at the stream's
current location. A gate valve in the pipe is proposed for drawing down the pond if
necessary. Additionally, a 36" pipe for emergency overflow would be installed adjacent
to the 12" pipe, at the current stream flow, and also an 8' swale would be created at the
top of the dam for additional emergency overflow. The banks of the pond and dam and
all adjacent disturbed areas would be returned to grass immediately upon completion of
work. Work is proposed to be completed in approximately three weeks upon obtaining
required permits, weather permitting.
III. 11. The purpose of the project is to remove very unsightly sediment build-up from
the stream, to beautify our backyard and to provide a pond for recreational use and for
fish and waterfowl. We believe the site would also provide a benefit of preventing silt
that enters the stream from upstream of our property from continuing downstream.
VI. 1. Proposed impacts include removing sediment/silt and excavating for a small pond
with a backhoe in and adjacent to the stream (Please see attached site plan) and placing
removed sediment and soil for the creation of a dam and placing pipes for overflow.
Excavated sediment and soil would be spread with a bulldozer at the dam and on adjacent
yard area. Impact also includes the installation of temporary silt fencing downgrade from
the disturbed areas and the installation of temporary check dams where instructed.
VI. 5. Pond Creation: The pond site is proposed to be excavated with a backhoe to
remove collected sediment and to create the pond (please see attached site plan) and a
Additional Information Continued
bulldozer is proposed to be used to spread the removed sediment and soil to create a dam.
The remainder of the removed sediment and soil would be spread on a level yard area
adjacent to the proposed pond and the dam and yard area would be sewn in grass.
Compacted clay soil would be used for a core of the dam and soil from the pond
excavation would be used to encase and cover the core. A standard flanged overflow
pipe of 12" diameter and in "L" shape would be used to allow water at the pond surface
to enter the pipe and spill out back into the stream at the stream's current location. A
gate valve in the pipe is proposed for drawing down the pond if necessary. Additionally,
a 36" pipe for emergency overflow would be installed adjacent to the 12" pipe at the
current stream flow and also an 8' swale would be created in the dam for additional
emergency overflow. The banks of the pond and dam and all adjacent disturbed areas
would be returned to grass immediately upon completion of work.
VII. Creation of the pond and cleanup of the sediment from the stream will greatly
improve the aesthetics of the site and overall property value of our home, which has been
degraded by large amounts of sediment which has collected on our property and which
has come from other properties upstream. We believe the work proposed will also serve
to reduce downstream sediment buildup. Additionally, the pond will create a recreation
area for our family and will be a habitat for fish and other aquatic life and for waterfowl.
To reduce impact during and after construction and until planted grass will hold soil, we
will maintain silt fencing, temporary check dams, and other recommended sediment and
erosion control measures in place for as long as is appropriate to preserve water quality.
Additionally, we will work diligently to complete the project rapidly to help reduce
impacts to as short a time as we can. We intend to be responsible stewards of our land
and stream and will follow the recommendations and requirements given us to reduce
impact during and after construction and we will maintain the site to keep appropriate
grass and vegetation in place to hold soil afterwards.
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