20040926 Ver 1_COMPLETE FILE_20070831

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 23, 2004
DWQ# 04-0926
Ashe County
Mr, and Mrs. William Bonner Guilford
1371 Perth Road WETLANDS/ 401 GROUP
Troutman, NC 28166
APPROVAL of 401 Water Quality Certification with Additional Conditions JUL 3 0 2004
WATER QUALITY SECTION
Dear Mr. And Mrs. Guilford:
You have our approval, in accordance with the attached conditions, to place permanent fill in 100 linear feet of
intermittent stream and to flood 188 linear feet of intermittent stream along an unnamed tributary to Helton
Creek in order to construct a private recreational pond on Parcel # 05286-005 off Sussex Road in Ashe
County, as described in your application received by the Division of Water Quality (DWQ) on June 6, 2004.
After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3402 which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local permits before you
proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying
404 permit expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the 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 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as
well as the additional conditions listed below:
No waste, spoil, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
2. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, its use in the
streambed shall be limited to the minimum amount required to prevent scouring at the discharge end of
the culvert during normal flow conditions. Riprap may only be used below the normal high water level.
The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in
the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness
of riprap required for scour protection. The elevation of the stream bottom must not be increased by
the placement of riprap. Placement of riprap must not result in destabilization of the streambed or
banks upstream or downstream of the culvert.
*M
N7 b N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http:/lh2o.enr.state.ne.us/ncwetlands)
Customer Service #: 1-877-623-6748
DWQ# 04-0926
Page 2
July 23, 2004
3. Concrete shall not be allowed to come in contact with any surface waters until it has completely cured.
4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic materials.
5. Upon completion of the project, the Applicant shall fill-out and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been finished.
This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion form, please send photographs of
the culvert, dam, and pond to document correct installation and construction.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cdl
Attachments
cc: Steve Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Christopher G. Shepherd, Associated Drafting & Surveying, P. O. Box 221, State Road, NC 28676
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name William & Diane Guilford County Ashe
Project Number 04 0926 County2
Recvd From APP Region Winston-Salem
Received Date 6/8/04 Recvd By Region
Project Type pond construction
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
Stream O YO N F- 10-2-27 F-c T TR+ 50,702. F 288.00 F___ 288.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 363329 Longitude (ddmmss) 812552
Comments:
Site visit made on 07/13/2004. Site is 86 acres in size and is rural, mountainous, and remote. The
proposed pond location is in pastureland surrounded by woodlands. The applicant's residence is the
only occupied structure on the site. The pond is proposed for aesthetic value and wildlife habitat. It
will be constructed by excavation of a small natural drainage feature with sufficient fill placed in a
small first-order intermittent stream to dam the stream and flood 188 If of channel. The dam footprint
and associated discharge culvert will impact an additional 100 If of channel for a total impact of 288
If. There are small wetland areas associated with the stream channel, but these total less than 0.1
acre. The stream is fed by small springs located in the upland woodlands. At some time in the ap--St--
flow form these springs wa?..ped under the adjoining pastureland and reaches the surface just
above the point where the dam will placed in the channel. The pi ' apparently occurred many
years ago and was done to increase the amount of usable pasture. The applicant owns a sianifi
portion of the area immediately
cc: Regional Office
Central Office Page Number 1
Facility Name William & Diane Guilford
County Ashe
Project Number 04 0926 Regional Contact: Daryl Lamb
Date: 7/23/2004
Comments (continued from page 1):
downstream of the proposed dam. The pond will be equipped with a 1 2" overflow pipe and the dam
will provide a grass-covered spillway, The dam will be less than 15' in The pond will be
height,
su Inp ied by a drainaae area of 26 acres and will have a pool area of 0. ?
55 acre. There is nothing to
indicate that this pond, if constructed as proposed, will adversely impa ct the small drainage basin,
adversely affect water quali or habitat in the downstream reaches, or pose a hazard to any
downstream structure. The site is not a beef or daoLy cattle o erp ation, and the pond is not proposed
as a source of water for agricultural use,
cc: Regional Office
Central Office Page Number 2
MEMORANDUM
TO: John Dorney Regional Contact: Daryl Lamb
Non-Discharge Branch WO Supervisor: Steve Tedder
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name William & Diane Guilford County Ashe
Project Number 04 0926 County2
Recvd From APP Region Winston-Salem
Received Date 6/8/04 Recvd By Region
Project Type pond construction
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
Stream O Y O N F 10-2-27 I `- TR+ 50,702. F 288.00 F 288.00
rte"` , O YON I -F-I`F-f..._'_L"F_ ?-?
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 00 N
Have Project Changes/Conditions Been Discussed With Applicant? QQ Y 0 N
Is Mitigation required? 0 Y (0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 363329 Longitude (ddmmss) 812552
Comments:
Site visit made on 07/13/2004. Site is 86 acres in size and is rural-.mountainous, and remote. The
proposed pond location is in pastureland surrounded by woodlands. The applicant's residence is the
only occupied structure on the site. The pond is imposed for aesthetic value and wildlife habitat. It
will be constructed by excavation of a small natural drainage feature with sufficient fill placed in a
small first-order intermittent stream to dam the stream and flood 188 If of channel. The dam foot rp ant
and associated discharge culvert will impact an additional 100 If of channel for a total impact of 288
If. There are small wetland areas associated with the stream channel, but these total less than 0.1
acre. The stream is fed by small springs located in the upland woodlands. At some time in the a? st^
flow form these springs was .aped under the adioining pastureland and reaches the surface just
above the point where the dam will placed in the channel. The pipingapparently occurred many
years ago and was done to increase the amount of usable pasture. The applicant owns a significant
portion of the area immediately
cc: Regional Office
Central Office Page Number 1
Facility Name William & Diane Guilford County Ashe
Project Number 04 0926 Regional Contact: Daryl Lamb
Date: 7/23/2004
Comments (continued from page 1):
downstream of the imposed dam. The pond will be equipped with a 1 2" overflow nine and the dam
w6ll provide a grass-covered s ilk Tway. The dam will be less than 15' in height. The pond will be
supplied by a drainage area of 26 acres and will have a pool area of 0. 55 acre. There is nothing to
indicate that this pond, if constructed as imposed, will adversely impa ct the small drainage basin,
adversely affect water quality or habitat in the downstream reaches, or pose a hazard to any
downstream structure. The site is not a beef or dairy cattle operation, and the pond is not proposed
as a source of water for agricultural use.
Authorization to use WOr# 3402, with additional conditions will be issued by WSRO.

cc: Regional Office
Central Office Page Number 2
O?WA
OF T ?RQG
O ?
July 23, 2004
DWQ# 04-0926
Ashe County
Mr. and Mrs. William Bonner Guilford
1371 Perth Road
Troutman, NC 28166
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. And Mrs. Guilford:
You have our approval, in accordance with the attached conditions, to place permanent fill in 100 linear feet of
intermittent stream and to flood 188 linear feet of intermittent stream along an unnamed tributary to Helton
Creek in order to construct a private recreational pond on Parcel # 05286-005 off Sussex Road in Ashe
County, as described in your application received by the Division of Water Quality (DWQ) on June 6, 2004.
After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3402 which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local permits before you
proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying
404 permit expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the 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 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as
well as the additional conditions listed below:
1. No waste, spoil, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
2. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, its use in the
streambed shall be limited to the minimum amount required to prevent scouring at the discharge end of
the culvert during normal flow conditions. Riprap may only be used below the normal high water level.
The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in
the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness
of riprap required for scour protection. The elevation of the stream bottom must not be increased by
the placement of riprap. Placement of riprap must not result in destabilization of the streambed or
banks upstream or downstream of the culvert.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
DWQ# 04-0926
Page 2
July 23, 2004
3. Concrete shall not be allowed to come in contact with any surface waters until it has completely cured.
4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic materials.
5. Upon completion of the project, the Applicant shall fill-out and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been finished.
This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion form, please send photographs of
the culvert, dam, and pond to document correct installation and construction.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cdl
Attachments
cc: Steve Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Christopher G. Shepherd, Associated Drafting & Surveying, P. O. Box 221, State Road, NC 28676

vvr i LANUS / 401 (?; 411.,R
Office use only:
USACE Action ID No.
(If any particular item is not
N 0 8 2004
?u ri ?
r T-1
Telephone Number: 701q- 578 - SSo o Fax Number:- QUALITY S Tlll? = i
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 fpr the owner/applicant.)
Name: Cti,-1`s?a0ker G
Company Affiliation:
Mailing Address:
Telephone Number: ???,- s27- zooo
E-mail Address:
U- t- VL,
Fax Number: S S (o - SZ 7 - ZOO .1

1. Processing
T Y SECT1GN
040,926 Form Version May 2002
DWQ N,,?
to this project, please enter "Not Applicable" or "N/A".)
1. Check all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Pro
miti ation of impacts ? (NCWRP) is proposed for
g pacts (verify availability with NCWRP prior to submittal of PCN), complete
A11A 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
L Owner/Applicant Information 'n
Name:- Lit j?.Qw` QoNNer ?(??tt'vrd i???? I?11??1 7' t".?
Mailing Address:- V".. t-t L t?
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to loca
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 maI
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: PO 1y A
2. T.I.P. Project Number or State Project Number (NCDOT Only):_ Ail
3. Property Identification Number (Tax PIN):_ ,e©??`?y t-ce (14-
4. Location B S z €3l0 °OO 5
County: A6?V_O Nearest Town:_ ??'?r--Sc? ?•>,
Subdivision name (include phase/lot number):
u 'Directions to site (include road numbers, landmarks, etc.):_ 1=t-o?,,, Nr,? Comer-F?n .tea
A
kud &f t) r:u'e Wr rw
5. Site coordinates, if available TM or Lat/Long): _ 3(04 3 3 'Zg, 69 K `
Sc"LS s??7"?
(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): 8 (o A c rr 5
7. Nearest body of water (stream/river/sound/ocean/lake):_
8. River Basin: /Vevo V e t
(Note - this must be one of North Carolina's seventeen designated major river basins.
River Basin map is available at httn://h2o.enr.state nc us/admin/mans/.)
9. Describe the existing conditions on the site
at/the time of this aplication:
Page 6 of 12
use in the vicinity of the
w `
The
r le

10.
11.
of the proposed
r
t'CtN(C
© Wol w k,
e
be the overall project in detail, i
in the
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.
;4
V.
VI.
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.
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.
he ype of equipment to be used.
' 0 _ ?- a
c?,. t. Il
P
Page 7 of 12
10
a written description of theyropose4 impacts:
2. Individually list wetland impacts below: AI`A
Wetland Impact Area of Located within Distance I
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Str(
indicate on ma acres es/no linear fee
Z e 9 CQ
-am I Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearin
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding, g' grading, fill,
** 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.fcma.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 Length of
Type of Impact* Impact Stream Name** Average Width Perennial or
of Stre

ndicate on ma

linear feet am
Intermittent?
Before Impact lease s e
i
n j
c- Lw
kVel
V
r \OO LU kkA«a?
C?`v? c

?t
``
N Nq
* 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
mon .usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mapguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: ZS 8 -C-ee f
Page 8 of 12

4. Individually list all open wale. impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Type of Waterbod
Site Number Type of Impact* Impact Name of Waterbody Y
indicate on ma (if applicable) (lake, pond, estuary, sound,
acres ba ,ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not
flooding, drainage, bulkheads, etc limited to: fill, excavation, dredgin
.
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): kuplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankmen excavation, installation of
draw-down valvr s illway, etc.): Ca (- 2Z -
Proposed use or purpose of pond (e.g., livestock watering, irrigation, sthetic, troujand
local stormwater reauirement Pte 1• ,?
Size of watershed draining to pond: • , .
- 4r,
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface
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.
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 12
A
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pew nits, 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
hLtp://h26.enr.state.nc.us/ncwetlands/strmaide.htmi.
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 httn:h2o.enr state nc uslwm/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 12
1 y .
IX. 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 ?
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 ?
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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify- V
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* I Impact I Multiplier
Required
(souare feed 1.5

Total I I
* Zone 1 eMends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page I 1 of 12
w ;
If buffer mitigation is required, please discuss what type.of mitigation- is proposed (i.e., Donation
of Property, Conserval..^n 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.
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No 9
Is this an after-the-fact permit application?
Yes ? No
XIV. 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).
'Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
a
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NOTES:
/ VC / I 1-Area calculated by coordinates
is =/I, 2-No NGS or NCGS horizontal control within
engt, = OU / 2000 ft of property were found.
/ Riser = .4' SN CAR, 3-This Plat is subject to any easements, agree-
/ ments, or right of way of record prior to date of
/ /°??oFESS?oti9 this plat.
/ Y o 4-AII property ownerships were taken from current tax
SEAL records.
e L-4227
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--X Fence Lira
_ ... _ Water Course
-V- Electrical Una
- TP- Telephone tine
- - Right of Way
Unimproved road
Paved road
Bonner W. Guilford and wife Diane Guilford
1371 Perth road
Troutman N.C. 28166
STATE COUNTY _J TOWNSHIP _ DATE
NC ASHE GRASSY CRK 3!3/04
Y DRAWN BY CHECKED BY DWG. NO. TAX MAP #
CGS CGS 1046TOP0 2083-60-576
Associated

Drafting &
Surveying 3330 Poplar Springs Rd.
P.O. Box 221
State e 3361.527 20006
Fax: [phone]
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aproximate scale: 1" = 300' Bonner W. Guilford and wife Diane Guilford 3330 Poplar Springs Rd.
Associated P.O. Box 221
COUNTY ASHE DATE 413104 Drafting & State Road, NC 28676
Phone: 000
DWG. NO. 1046Tract TAX MAP # 2083-60-576
Surveying Fax: [phone]

40 C--

Triage Check List
ay
Date:
Project Name: &??td (Arul)
DWQ#: 0`4 -Q924
County: AC-3 km
To: ? ARO
? FRO
? MRO
? RRO
Mike Parker
? WaRO Tom Steffens
? WiRO Noelle Lutheran
XWSR0 aryl L b
Ken Averitte
Alan Johnson
Steve Mitchell
From: Sda
Telephone : (919) '33 3 -q )aU
The file attached is being forwarded to Pur for your evaluation.
Please call if you need assistance.
Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
3
Minimization/avoidance issues C,
Buffer Rules - ) `TROUT ? `?
(Y
P
ond fill
<1
? Mitigation Ratios c1'
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
"5TCheck drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
SS
Z
Comments:
- ` J_ccb?,/ \ -ems. b r be- a b'.? e.&L • 1-k- a:p feaw '
tS? ?,?
ta b? a b?? 1? ?lS A loaswne_ CAM- 0,
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vv' Sire- it 4LP- V:,Ao, ? ht.., L
be obv.Vc-d-t A . k5oI PA Cheat- 't. Pre- USW o r PL' S/tJQC (how 6 e-er?
• - 1 -1 A ? i - - _ f- _t I. t_ - w l.._ - 1 , %o%4,.- A, ... A AAJa%je .
DWQ 040926 - WRC comments to COE
Subject: DWQ 040926 - WRC comments to COE
From: "Ron Linville" <[e-mail]>
Date: Fri, 18 Jun 2004 12:55:27 -0400
To: "Cyndi Bell Karoly" <[e-mail]>
NorCh Carolina Wildlife Resources Commission
1721 Mail Service Center, Raleigh, North Carolina 27699-1721,
919-733-3633
MEMORANDuivi Charles R. Fullwood, Executive Director
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: June 4, 2004
SUBJECT: Review of an application by William & Diane Guilford, Pond construction
near Helton Creek, Ashe County
The applicants are 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
field biologists on our staff are familiar with habitat values of the project area. 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 project appears to be the construction of an aesthetic pond that will impact a
small headwater tributary and possibly prior converted wetland pasturelands. The project is
indicated to increase wildlife habitats. This office contacted Mr. Christopher Shepherd, the
agent for the project on this date. Our understanding is that the dam impacts will be 100
linear feet and flooding will occur to 188 linear feet of stream. Mr. Kevin Hining, Fishery
1 of 2 6/21/04 10:06 AM
DWQ 040926 - WRC comments to COE
biologist visited the site on June 3, 2004. Slope on the dam will be gentle enough to allow
mowing maintenance.
Based on the information provided by the applicant and our information on the
range of trout in the project area, we do not believe this project will cause significant
effects to waters supporting trout. Therefore, we do not object to the project as proposed
providing the pond is built with a cold water release. Information on design and release
requirements for a cold water release can be obtained from Mr. Hining (336/921-3029).
Thank you for the opportunity to review and comment on this project. If you have
any questions regarding these comments, please contact me at 336/769-9453.
2 of 2 6/21/04 10:06 AM