20041613 Ver 1_COMPLETE FILE_20041001

MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Barnett, Kevin
WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bill H. Curtis
Project Number 04 1613
Recvd From APP
Received Date 10/29/04 Recvd By Region
Project Type bank stabilization
County Rutherford
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. supp. Basin Req. Req.
13 Waters O O Y N 9-(17) Tr 30,801. ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue (0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issued 11/24/2004 out of ARO - KHB
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: Z? UL Project Name: c' L-I ? A.t ?l S
-?-?-t-??- DWQ#: U 4^ ? C C L
County: PAA&((!?(d
TO: ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes
FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: Telephone : (919)
The file attached is being forwarded to 3 Our for your evaluation.
Please call if you need assistance.
1
Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
[,g\-Minimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) * U?
? 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: s knvm os??? - ?\a? S
I Z?m V\_ 1 1--7;, R?r
c
c1V1 INC:? M A Al VV\ CV
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. (9q 1613
(If any particular item is not applicable to this project, please enter Not Applicable" or "N/A".)
I. Processing
1. Che 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 Program (NC WRP) is proposed for
mitigation of impacts (verify availability with NC WRP 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
1. Owner/A1dr at I o 'on
Name: Z rn a, r
Mailing s:_'
Telephone Number: C 1-
E-mail Address: C
Fax Number:
OC rte.4
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.)
11
Company Affiliation:
Mailing Address: D
2004
Telephone Number: Fax Number: TLANDSAN?Srna?a„?;?,ALLIITY
E-mail Address:
Page 5 of 12 RIVE
M. 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 I I 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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): ???? ?? ??
4. Location ? j
County: I` 1 -?- Nearest Town: , y
Subdivision name (include phase/lot number):
Directions to bite (inclui a road numbers, landmarks, etc) L o 1
8.
5. Site coordinates, if available (UTM or Lat/Long):
(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):
7. Nearest body of water (stream/river/sound/ocean/lake): ZQC i ' -0 Al oe.j. o,?r
River Basin: C_ K o
(Note - this must be one of rth Carolina's seventeen designated major river basins.
River Basin map is available at http://h2o enr state nc.us/admin/mansl.)
The
9. Describe the existing conditions on the site and general lane in the vicinity of the project
at the time of this application:
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be
IV.
V.
11. Explai the p se of the proposed work:
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.
,& a --
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for te f fusion of this work from the current application-
14
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 12
1. Provide a written
I,f r'41 !,.s d
y,c,?
of the proposed impacts:
r- ./ S I-I-rcg- if
2. Individually list wetland impacts below:
Welland 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***

--- ,drar:oo oraAina_ fili_
* List each impact separately and identify temporary impacts. impacts mauae, out are not ,wneeu ?.,..,.....?....?.... •-.-.. ?, - ---
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 httn://NN?vw.fema.wy.
*** 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: C
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** Average Width
of Stream
Before Im ct Perennial or
Intermittent?
leases ify)
t

9
-jot,

.."A newuninteA rin-ran-
* List each impact separately and identify temporary impacts. tmpa= cncmue, cuL WV. UVL ,,.•.,.. ,. w=--n w - - - - -
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
Nv"iv.usgs.<gov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww-w topozone.com
www,ma )tiest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
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 ma)
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
A/

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, 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 ? 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 to reduce impacts.
tAd 'gae-T --4)6/-r-
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
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,nc.us/ncwetiands/strmgide.htnit.
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.
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 12
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an penditure 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 ?
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Require nts), 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
Lone i extents out 3o teet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone t.
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 1 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. n
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, oy ayailable capacity of the subject facility.
XM. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit a cation?
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).
G-ice q12- 7lerr'
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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03 William G. Ross Jr., Secretary

North Carolina Department of Environment and Natural Resources

.. -? Alan W. Klimek, P.E. Director
Division of Water Quality
October 11, 2004
DWQ Project # 04-1613
Rutherford County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Bill H. Curtis
3207 Memorial Highway
Lake Lure, NC 28746
Subject Property: Lake Lure
REQUEST FOR MORE INFORMATION
Dear Mr. Curtis:
On October 1, 2004, the Division of Water Quality (DWQ) received your application dated September 27,
2004 to impact waters/wetlands for the proposed project. The?,DWQ has determined that your application
was incomplete and/or provided inaccurate information as disc ssed below. The DWQ will require
additional information in order to process your application to i pact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additionat.information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this
project on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Plan Details
a. Please provide a location map for the project
b. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on
the site plan.
2. Application
a. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation
requiring payment of a fee for all 401 applications, as indicated on page two of the PCN
application form. The fee for applications is $200 for projects impacting less than an acre of
wetlands and less then 150 linear feet of streams. For projects impacting one or more acres
of wetlands or 150 or more feet of streams, the fee is $475. In order to process your request,
you must send a check in the appropriate amount made payable to N.C. Division of Water
Quality.
b. Please complete all sections on the application specifically, be sure to complete section VI,
where impacts are quantified.
c. Please provide 5 copies of the application, and 5 copies of the site plans and other supporting
information.
NOne
hCarolina
401 Oversight(Express Review Permitting Unit Wara!!lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650,
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Bill Curtis
Page 2 of 2
October 11, 2004
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Kevin Barnett of the DWQ Asheville Regional Office at 828-296-4500. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly at 919-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight Unit
CBKlbs
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 04-1613 Bill Curtis (Rutherford) On Hold
l,e.,r sue. 44'%' 61,eo /0`7
Office Use 0*: Form Version May 2002 041613 USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
l ./?(?ufS this project:
? Riparian or Watershed Buffer Rules
? Isolated Wetland Permit from DWQ
qumber(s) Requested: >
ay because written approval for the 401 Certification
Inds Restoration Program (NCWRP) is proposed for
with NCWRP prior to submittal of PCN), complete
h Carolina's twenty coastal counties (listed on page
,-, mm Lug pivjutot ib -m«-a ° i-4.n uT :arolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
D
OCT 0 1 2004
1. Owner/Anvlioant Itformation ?.
Mailing Address: ' ,_ 0`-? - n WETLANDS AND
C 2-,
Telephone Number: f 2-6 L 2a Fax Number:t
E-mail Address: C exit ,A 1,,6 C A- /? //? ?' % ?" ?? ?' .?
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.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 32
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 properly
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 MRCS 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 I I by 17 inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version ° is full-size plans. the applicant will be informed that
reduced to a small scale such that the final version illegible,
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number or State Project Numbe?r?(NCDQT only):
3. Property Identification Number (Tax PIN): ' 'ok t? ' 2- o
4. Location
Nearest Town:
County:
Subdivision name (inclu a phase/lot number):
Directions to ' e (inclu a road numbers, landmarks, etc.}: L
5. Site coordinates, if available (UTM or Lat/Long):
(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): l
water (stream/river/soundlocean/lake): "r
7. Nearest body of
8. River Basin:
(Note -this must be one of rth Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o enr state nc us/admin/mapsl.)
9. Describe the existing conditions on the site and general landpse in the vicinity of the project
at the time of this application: d "`
Page 6 of 12
10. Describe the overall
11. Expla' the p se of the proposed work: k ,4-?k
?44 i _Au-S !'@ fi
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 12
Provide a written description of the proposed impacts: Ze,?Fi ? ik-91
1.
2. Individually list wetland impacts below:
Wetland Impact ?;;Ct of Site Number Type of Impact* 100-year Fioodplain** Nearest Stream
curate on map

Type of Wetland***
List each impact separately and identify temporary impacts. impacts include, bit are not limited to: mectianizea creanng, gmu,uK,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-year floodpiains 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 httu'1/www.fenia.eav.
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:
e Width
A Perennial or
Strom Impact
Site Number
(indicate on ma) Type of Impact* Length of
Impact
(linear feet Stream Name** verag
of Stream
Before Impact Intermittent?
lease s i )

n„t r;n,9tm tn• eniv erts and associated rip-rap,
* List each impact separately and identity temporary impacts. mmpautb ?„4?,,.,?, ?....?..... • _-..-..-- --- --- -- -- -
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 footprmt 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
eurvw.usss.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tooo/one.cotn,
,N-Ativ niMuest.K.oni, etc.)-
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
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 ma
Type ofImpact* Area of
Impact

(acres)
Name ofWaterbody
(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 ? 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 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
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/ncwetla.nds/strrngide.html.
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.
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.Iitm. 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
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.
XU. 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.
XHI. Violations (required by DWQ)
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?
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).

Appfiaant/Agent's Signature uate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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DWQ# 0 Date l d /??/d Who Reviewed: (;"Wfk
Plan Detail Incomplete
(]v Please provide a location map for the project.
lease show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes.on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
- . . . -? Please provide cross section details showing the provisions for aquatic life passage. - -- -
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater.management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.'
Avoidance and/or Aiinimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide adtlitio al
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. . Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other 1.Jo ro!? ?Prd1?,? . T?'' e y °??/"Z
U ; & a war. i-°••fei°nt e o stream an or oar 1 acre of ere requested. Please
The aw
provi tional fee must be receive ore your app cation can be reviewe .
q 0A a
Please completel(Section(s) on the application. t
Sne?:J, ca/(y fL?e SU/? ''O Cdw-2?-?- S?c."fid? ?t??P/?
? Please provide a signed copy of the application. l ", Ac ,41 are pa, i?Q,/ J
Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
A
1 C-mplete items 1, 2, and 3. Also complete
item, 4 if Restricted Delivery is desired.
Print-your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Bill Curtis
3207 Memorial Highway
Lake Lure, NC 28746
04-1613 - Rutherford
A. Signatur?
' ? Agent
X ? Addressef
B. R e)vgd (Pr C. Date of Deliven
D. Is delivery dr differe ate 1? ? Yes
If YES, ent d ive cam' s b ljy ? No
S
3. Service Type
W Certified Mail ? Express Mail
? Registered PQ Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number 7004 1160 0002 2706 6295
(Transfer from service label)
'S P- 3811 P. hr-- 9Md r)-.fir P.fi- Rurninf inneoc_nn_e?_?wn
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NhDENR Division of Water Quality
rsight Unit
btree Boulevard, Suite 250
?NC 27604
ill
First-Class Mail
-
Postage & Fees Paid
USPS
Permit No. G-10'
'