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HomeMy WebLinkAbout20041005 Ver 1_COMPLETE FILE_20040621Certificate of Completion DWQ Project No.: o `t' I OQ6 County: Applicant: J??-X, (XrCi I c? ILL't ? i Project Name: Date of Issuance of 401 Water Quality Certification: Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, ltd 6Z J1,d JAJ,:: ( [hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials'. Signature: / u RUC 104 DOGWOOD LANE Agent's Certification MT. GILEAD NC 27306 PHONE 910.439.1384 I, ?/ZOT?-sv , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional rr'-1 r= M3 D MAR 2 4 2005 WETLAN S AND STTOERMWA ER BRANCH I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID.: 200401058 County: Montgomery GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Rex and Teresa Asbill. Agent: WETLANDS 1401 i% Up Address: 2665 Winding Woods Lane AUG 1 2 ?oo4 Asheboro, North Carolina 27203 Telephone Number: (336) 629-4859 WATER ?UALITYS??TIDN Size and Location of project (waterway, road name/number, town, etc.): 0.007 acres of impact along Lake Tillery at Lot 36, 382 Springwood Drive, Mount Gilead, Montgomery County, North Carolina. Description of Activity: to construct a pile-supported 10-foot by 32-foot enclosed boathouse, with an attached storage shed and approximately 49 linear feet of timber bulkhead not to extend farther than an average distance of two feet waterward of the lake's normal pool elevation. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) Section 10 (River and Harbor Act of 1899) Authorization: Nationwide Permit Number 30 Regional General Permit Number Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. This verification will remain valid until 5 August 2006 unless the nationwide authorization is modified, reissued or revoked. If, prior to 5 August 2006 the nationwide permit authorization is reissued and/or modified, this verification will remain valid until5 August 2006, provided it complies with all modifications. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Action ID.: 200401058 County: Montgomery GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact the Corps Regulatory Official specified below. Date 5 August 2004 Corps Regulatory Official Richard K. Spencer Telephone No. (910) 251-4172 CF: Jinuny C. Chisholm, Progress Energy NCDWQ 583 51 ?ia? o? L? ? rYl? _ 49541 SE 5 587 21 3.4 Ml. TO N. q. 73(MORROW MTN) 86 C ?D o ?` o ? - D //lflnlll 4l`1.. „ II?? nn /JI o \ p O 40 1\ 1 0 1 J ?.. o O 1 ? w O 33,1 ' 0 0 II' ???iii \ o O I I orwood, c each II SPILLWAY ELEV 278 \ \ o i ? ? , _ ((J?rIII O \ 0 O _ O• ?- ? O 3S I \ O? \ i/ I O O O O 300 • \?, \O _ ° --- • O C mss` _ I C rs i' 300 o.?- ill 1 { o . 0 3S0 4 '1?O 0 h O w O '? 3 p ? o 0? o OI L s ? A4,e 4 f l 3-? ?I....... G "h 66<4 Aot(i ,e (s Q ?ouS? ??h /ed(rdc?' C* /0 Mai 1! nq Add re5s r lqex and arsa Ask I ")&&5 V l rd,,Tr bloods 1 ? AA-cborol N, C. c-?Z),o3 33(o -toaq-Lt85-c3 Lo-?-- Me), 6 rg??gr Sti???s g I 1 ?-d??.?5 0 3 8A (Spry ) too v i)ri vc) DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198200030 Name of Permittee: General Public Effective Date: July 24, 2000 Expiration Date: December 31, 2004 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary of the Army by the District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE STATE OF NORTH CAROLINA. These lakes and reservoirs were constructed and exist primarily for the purposes of generating hydroelectric power and/or providing water supply. They were constructed and operated by public utility companies or under laws and regulations administered by the TVA. Activities within these waters are the primary concern of, and should be regulated by, these parties. This general permit applies to all waters on or within lands owned or under flowage easement to public utility companies and the TVA. Activities authorized are: a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties and breakwater structures and installation of dolphins, pilings and buoys, using commonly acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined concrete. b. Excavation and maintenance of recreational boat basins and canals/channels where excavated material is placed and retained on high ground. c. Stabilization of eroding shorelines utilizing appropriate bio-engineering techniques, construction and backfill of bulkheads, and the placement of riprap material. d. Installation of submerged and aerial utility lines where U.S. Coast Guard requirements for aerial lines are met and preproject elevation contours are restored. e. Construction of water intake and outfall structures where all State and Federal required authorizations have been obtained. 1. Special Conditions. a. Written confirmation that the proposed work complies with this general permit must be received from the Wilmington District Engineer prior to the commencement of any work. For this purpose, the proponent should submit detailed plans, location maps, and other supplemental information explaining the nature and scope of the work. b. The piers, docks, boathouses and boat shelters will be pile-supported or floating structures. Mooring piles, dolphins, jetties and breakwater structures may be of wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. c. This general permit does not authorize construction across or into any natural or manmade channel or water body so as to adversely affect navigation by the general public. d. Piers shall not extend or any other structure be placed further waterward than one-third the width of a 30-foot wide or greater natural water body designated as navigable pursuant to Section 10 of the Rivers and Harbors Act of 1899 (i.e., for navigable waterbodies less than 30 feet wide, pier requests will be evaluated on a case-by-case basis and may be restricted to less than one-third the width of the waterbody). Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks, and "L" and "T" sections will not cumulatively exceed the maximum allowable size of such structures identified in the reservoir's shoreline management plan. Docks and piers extending over vegetated wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. Floating docks, boathouses and boat shelters will not be constructed over vegetated wetlands. e. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation contours. 2 f. Boat ramps will not exceed 20 feet in width. No material for construction will be placed in wetlands. Excavation is limited to the area necessary for site preparation and all excavated material must be removed to uplands. g. This general permit does not authorize the installation of fueling facilities on authorized structures. h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less than 50 pounds per square foot. i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected from the weather. Metal or pre-cast concrete pilings are acceptable. j. Metal pilings or beams will have a minimum section thickness of 3/16 inch. k. Floating structures will be supported by material that will not become waterlogged or sink when punctured and will be installed to provide for fluctuations of water elevation and not break away. 1. Shoreline stabilization activities (bio-engineering techniques, construction and backfill of bulkheads, and the placement of riprap material) are only authorized along shorelines void of wetland vegetation, or where construction is accomplished landward of such vegetation. This general regional permit does not authorize the discharge of dredged or fill material in marsh or wooded wetlands. m. Bulkhead and riprap alignments will not extend farther than an average distance of 2 feet waterward, 5 feet maximum, from the normal pool elevation contour and may not extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3) feet waterward on a 2:1 slope. n. Not more than an average of one cubic yard of fill material per running foot of shoreline will be placed within waters of the United States. o. All fill material will be obtained from an upland source and confined landward of bulkheads. p. All fill material, including riprap material, discharged into waters of the United States, must be free from pollutants in toxic amounts. The use of metal products, organic materials, petroleum base materials or unsightly debris is prohibited. q. Excavation and removal of accumulated sediment for maintenance of existing basins, access channels to boat slips and boats slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at an upland site and proper siltation controls are used. Excavation activities will not occur during the months of March, April, May, and June because of potential impact to fish spawning areas. r. Dredging will be limited to channelward of the normal pool elevation. Dredge depths will not exceed those (depths) of receiving waters channelward of the work. s. All excavated material will be placed landward of the normal pool elevation contour on high ground and confined by adequate dikes or other retaining structures to prevent erosion and sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not authorized. t. The temporary placement or double-handling of excavated or fill material waterward of the normal pool elevation is not authorized. u. The minimum clearance for aerial power lines will be governed by system voltage as shown below: Nominal System Minimum Clearance (ft) Voltage, Kilovolts Above Bridge Clearances 115 and below 20 138 22 161 24 230 26 350 30 500 35 700 42 750-765 45 Clearances are based on the low point of the line under conditions which produce the maximum sag considering temperature, load, wind, length, span and type of supports. Clearances for communication lines, stream gaging cables, ferry cables and other aerial crossings will be a minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform to the special conditions of general (regional) permit No. 198100049. v. If an easement to fill or cross State, utility company or Federal property is required, such easement must be obtained prior to commencement of work. w. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. x. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will 4 not hold the United States liable for any such damage. y. This general permit does not authorize any habitable structure or associated facility for nonwater-related use. z. This general permit does not apply to structures within existing or proposed marinas. A marina is defined as any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than 10 boats. aa. All work will comply with Water Quality Certification No. 3280, issued by the North Carolina Division of Water Quality (NCDWQ) on June 1, 2000. 2. General Conditions. a. All activities authorized by this general permit that involve the discharge of dredged or fill material in waters of the United States will be consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pre-treatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the proposed activity involves the discharge of dredged or fill material in waters of the United States, prior to the commencement of any work, the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. c. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. d. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre-work condition. e. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. f. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. g. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. h. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. i. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. j. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. 1. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). in. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. n. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. o. The permittee or the permittee's successors will maintain the authorized work in good condition and in conformance with the terms and conditions of the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: James W. DeLony Colonel, Corps of Engineers District Engineer w A T? Michael F. Easley, Governor O? 9 Q William G. Ross Jr., Secretary O 6 North Carolina Department of Environment and Natural Resources r ? Alan W. Klimek, P. E. Director p Coleen H. Sullins, Deputy Director Division of Water Quality June 30, 2004 Rex and Teresa Asbill 2665 Winding Woods Lane Asheboro, NC 27205 DWQ Project # 04-1005 Montgomery County Page 1 of 3 Subject Property: Fairway Shores Subdivision, Lot# 36, Mt. Gilead, NC Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Ms. Asbill: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.15 acres of waters and 50 feet of shoreline on Lake Tillery for the purpose of constructing a seawall and boathouse at'the subject property, as described within your application dated June 7, 2004 and received by the N.C. Division of Water Quality (DWQ) on June 21, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use General Permit Number 198200030 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may - be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 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) (919) 733-1786 (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetlands) Rex and Teresa Asbill Page 2 of 3 June 30, 2004 Amount Approved (Units) Plan Location or Reference Shoreline 50 (feet) Waters 0.15 (acres) 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on'all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to Rex and Teresa Asbill Page 3 of 3 June 30, 2004 return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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 Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486- 1541. Sincerely, Alan W. Klimek, P.E. AWK/bs Enclosures: GC 3373 Certificate of Completion cc: USACE Wilmington Regulatory Field Office DWQ Fayetteville Regional Office File Copy Central Files Filename: DWQ# 004-1005 - Rex & Teresa Asbill (Montgomery) 401 .,A It Office Use Only: 6 %j) [ Form Version October 2001 USACE Action ID No. DWQ No. ;,J If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing WETLANDS / 401 GROUP 1. Check all of the approval(s) requested for this project: JUN 2 1 2004 Section 404 Permit WATER QUALITY SECTION ? Section 10 Permit GZ401 Water Quality Certification ? Riparian or Watershed Buffer Rules pp i? 2. Nationwide, Regional or General Permit Number(s) Requested: Iq 0 aQ?Q3? 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/)? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? K/ A- 11. Applicant Information 1. Owner/Applicant Information Name: Rent ae?d `1 Mailing Address:-?A?S,? Telephone Number: E-mail Address: 1"Q7lWi-i Fax Number: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Page 5 of 12 Fax Number: 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 proj 2. T.I.P. Project Number or State Project Number (NCDOT Only): "/A 3. Property Identification Number (Tax PIN): 17T7t y" 4. Location County: Mont f rf Nearest Town: Mf • G/ I eao- N. C . Subdivision nam (include phase/lot number): Directions to site (include road numbers, landmarks, etc.). 13 -r-JD m d a k, pri uJ? ?, Rt,PrWu.y Shares Ndr h o4ratia- C, n a h Q ho 5. Site coordinates, if available (UTM or Lat/Long): hO{" A V Q, I J 0_, J b (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. Describe the existing land use or condition of the site at the time of this application: 7. Property size (acres): 15 8. Nearest body of water (stream/river/sound/ocean/lake): Lake Tip II enA 9. River Basin: VL[.? Kl (? (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/mal2s/.) Page 6 of 12 10. Describe the purpose of the proposed 11. List the type of equipment to be used totconstruct the project: 12. Describe the land use in the vi cinity of this project: 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: /)/A 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. N/A Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * 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 htty://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.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? specify) * 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.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin www.mWguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) BLL S La Ti 1 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction duce impacts. AJ/ 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. NIA Page 9 of 12 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 httj2:Hh2o.enr.state.ne.us/ncwetlands/strmgide.htmi. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NIA 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: N /,A 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 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No 2/ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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 (DWQ Only) 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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), 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* Impact (square feet) Multiplier Required Mitigation 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. N/lk Page 11 of 12 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 (DWQ Only) 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. NIA XII. Sewage Disposal (DWQ Only) 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 (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? l 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). ,--Qw W&UaX Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 8yl I -ec is I -tat ellbO h S - ? ? ,?3ur 10l ?m ? ?ors??h /edlyd Inv CW /0 Mdt f nq d? reSS? o sa r ?'? g i I doCr??. UJ o z and l eesa .4sb? I hc-. 3 8? (Sri f wocv bri vo r A&h5 lnl/i?d iii Woods lan4 Ad)caoro, N6 C.7aQ3 33& &6R9 579 I s I ?1 ham"" 6n 1 ew y/44-04fi L ° T N c? . 3 ?j r'a;?w?4 49541 SE 586 587 21, 583 584 3.4 M1. TO v. . 73/MORROW MTN) r _ / o 51 0 ? moo Q -V ??? ??? 0 355 l -•t ??-l? ?- O- ? Q 0 w ? U o b \ .7aD it ((rr 300 "? Norwood / Beach u 2,l I ? 350 ? • - \ ? o f SPILLWAY ELEV 278 0 p ? ell ,411: a `\I/l 300 •"?_ i ??? . I' III ? //\l? ___ ? 1??'\`'\?? 1?I\( l O ? _/' ? •?l ? \, ??? \ O_ _\? Survey for : REX ALLEN ASBILL & WIFE, TERESA MARLEY ASBILL Lot No. 36, Map No. 7 of the FAIRWAY SHORES Development Pee Dee Township, Montgomery County, North Carolina Deed Reference Book 193 Page 593; Plat Book 4 Page 71. Surveyed by Thomas J. Fields, PLS-2906, on April 13, 2004. REVISED & UPDATED on May 12, 2004. TOTAL AREA = 0.15 Acre f by coordinates 30 0 30 Scale is in Feet 1 "= 30' From the office of WRIGHT & FIELDS LAND SURVEYING 1340 Albemarle Road, Suite C Troy, N.C. 27371 of 00. L Tie Line N 30'51'10" Found: 16.00 FT 1/ Iron 0 J Pipe Found: 3/4" \ r Iron Pipe \ MAGNETIC ,G\? \ NORTH ? \ April 2004 s\P \ ?o Found: 5/8" Iron Rod 3 K yy 5 '06 Fast Set- 'Iron Rebar ?+ c .0 1 ? ? ? O N '• F y \S,s NCO Cn p^ ? 7 \ Ile' NORTH CAROLINA MONTGOMERY COUNTY ?0 ?- °o S X Rl. ?tS+ -Alb 5ro Found: L05/8" Iron Rod \ AV F I II - p ??I I Found: 5/8" Iron \ Rod o ?' ?,A co this \c^ 05P e O I - , 0 aat Serb ? y6?? ? t`135 F o ? o• ,?? so dot Found: 5/8" Iron b Rod I, Thomas J. Fields, certify that this plat was prepared from an actual survey done by me in April 2004 and is in all respects correct to the best of my knowledge and belief. The ratio of precision as calculated by latitudes and departures is 1:20.000'+ . This plat was prepared in accordance with Board Rule .1600 Witness my original signature and official stamp this the 12th day of - May 2004 A PLS-2908 u' ?• Oz ??4f4)?C ?Q, No horizontal control within 2000 feet. NOTE: This property is not located in any FEMA special flood hazard area. ? NOTE: This survey is based on data take n from the on inal subdivision plat of F airway Shores ( Map No. 7 ) dated April 1966 and recorded in Map Book 4 Page 71 and existing monuments found at th e site. Any differences between drawing and the original subdivision plot could be in the use of more modern and accurate instrumentation as compared to the equipment available in 1966. . Legend O ...... denotes monuments found or set as noted on plat. Job No. 2004-77 Mmnf b lw ti 161