20041680 Ver 1_COMPLETE FILE_20041018

Re: Combined Tracking and Tardy Notice, for RRO, AR...
Subject: Re: Combined Tracking and Tardy Notice, for RRO, ARO, WIRO,
WARO & MRO
From: Kevin Barnett <[e-mail]>
Date: Mon, 29 Nov 2004 16:44:16 -0500
To: Cyndi Karoly <[e-mail]>
CC: Forrest Westall <[e-mail]>
Cyndi Karoly wrote:
Asheville:
04-1555, Marlene P. Brown, Macon Co., NW18? 10/13/04 12/11/04
On my desk trying to figure out how to deal with this one.
04-1680, G.E. Lighting Systems, Henderson Co., NW39 10/18/04
12/16/04
Issued last month
04-1695, Haw Creek Enhancement, Buncombe Co., NW13 10/20/04
12/18/04
Problems with this project.
04-1688, Theresa Emmanuel, Buncombe Co., NW13 10/15/04
12/13/04
Issued this month.
04-1583, Duke Power Paddy Creek Dam, Burke Co., IP "must be
issued from
Central" 10/18/04 12/16/04 (note to Kevin - I attended the
pre-application and site visits while you were on paternity leave.
They've done a thorough job covering the bases on this project.
I'll be
happy to go ahead and handle, especially since it's an IP anyway,
so you
can focus on other projects. Just let me know your preference.
Please handle as needed.
04-1634, Dry Creek at South Pointe, Burke Co., CBR 10/7/04
12/5/04
Need to address minimization issues.
04-1611, Norman J. Payne, Buncombe Co., NW3 10/4/04 12/2/04
Incomplete. Working with property owner.
1 of 2 12/4/2004 3:02 r
Date: f
To:
From:
Tom Steffens and Kyle Barnes
Noelle Lutheran
Daryl Lamb
Telephone : (919)
The file attached is being forwarded to ? our for your evaluation.
Please call if you need asostance.
? Stream length impacted
? Stream determination
El Wetland determination and distance to blue-line surface waters on USFW topo maps
ER-Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: se e_ A"
r
Triage Check List
Project Name:
DWQ#:
County: ) !-I

ARO Kevin Barnett ? WaRO
? FRO Ken Averitte ? WiRO
? MRO Alan Johnson ? WSRO
? RRO Mike Horan

FILE COPY

Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, N.C. 27699-1650 041680
Reference: Pre-Construction Notification
Dear Sirs;
Enclosed please find 7 copies of a Pre-Construction Notification (PCN) Application for a
stream located on the GE Lighting Systems property in Hendersonville, North Carolina.
Mr. Kevin Barnett from NCDENR's divisional office in Asheville has visited the site,
and inspected the proposed work area We have incorporated his comments in the PCN.
As part of a dam upgrade project we are requesting a Nationwide Permit No. 13 to
fortify the embankment which runs between a small 5-acre dam and a section of Bat Fork
Creek. This work is necessary to ensure the integrity of the dam.
This PCN should include all the information necessary to process this application.
If you have any questions about the application, please call me at 770 642 1000 or Mr.
Barry Hallock, the GE EHS Manager at 828 693 2148.
September 30th, 2004
R12@WW[2@
OCT 0 1 2004
WETLANDS AND STORMWATER BBRRANCH
Thank you for your attention to this matter.
Sincerely
r.
David S. Buchalter, P.E.
N.C. P.E. No. 27735
?`t r 4r j O C T 1 8 ,2004
N 7L R AHDSJ AMA 17Y SWO
PgYAIENT
RECEIVED
DADocuments and Settings\211003403\My Documents\dwq.doc
1 `
FILE riopy
Office Use Only: ® 6Form Version May 2002
0U fl.
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® 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: Permit No. 13
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information UD R @ r= ?M?
Name:_Ge_Lighting Systems LL?? g V
MailingAddress:3010_Spartanburg_Highway
East Flat Rock 2004
North Carolina
DENR - WATER QUALITY
Attn: Barry Hallock EHS Manager I
Telephone Number: 828 693 2148 Fax Number:
E-mail Address: hallockb(a,)henntllsge.light. ge.com
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:Dave Buchalter, P.E. (representative but not agent) I 1) i-g (a
Company Affiliation: GeoTrans Inc.
D
Mailing Address: 1080 Holcomb Bridge Road n rr T 1 8-M
Bldg 100 Ste 190
Roswell Ga 30076 DFNR . WAmR o uqny
WETLANDS AND STO MlM T R BRAWX
Telephone Number: 770 642 1000 Fax Number: 770 642 8808
E-mail Address: dbuchalter(a-)geotransinc.com
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Stormwater Retention Pond Maintenance
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Henderson Nearest Town: East Flat Rock
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Hendersonville, take
Spartanburg Hwy. (Hwy) South and GE Plant is on left after passing Tabor Road.
5. Site coordinates, if available (UTM or Lat/Long): 35° 16' 25" N 82° 24' 10" W
(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): Bat Fork Creek
8. River Basin: Broad
(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/mEs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is used to manufacture industrial lighting. There is
a plant complex and a storage/warehouse building. There are also two ponds on site, which
are currently used to manage stormwater run-off. To construct the largest pond, a significant
P:\GE\Pond Construction\Permitting\PCNFORM4_.doePage 6 of 13
portion of Bat Fork Creek was relocated in 1962. This section of Bat Fork Creek was
relocated and channelized so the dam of the stormwater detention pond could be constructed
(Figure 1). An existing fish impassible weir is located on this section of stream. Portions of
this section of Bat Fork Creek are stabilized with rip-rap, but other sections are eroding. This
is where the maintenance of the dam and streambank are proposed.
IV.
10. Describe the overall project in detail, including the type of equipment to be used: One side
of relocated channel, approximately 500 feet, is proposed to be modified to prevent
undercutting of the dam and ultimate loss of streambank and stability of the dam. The stream
was channelized when it was relocated in 1962 and now flows at the base of the stormwater
retention pond dam. As part of the maintenance for the dam, all woody vegetation must be
removed from the slope of the dam and the base of the slope must be stabilized so that the
stream does not continue to erode and threaten the structural integrity of the dam in the
future. The first step in the maintenance program would be to remove the existing fencing
and then remove the existing woody vegetation from an approximately 10 foot wide section
of streambank leading down to the stream. To protect the stream bank from future erosion
that may threaten the dam, gabions will be placed along the streambank and erected to a
height where an approximately 3 to 1 slope can be established within the existing
streambank. The streambank would then be revegetated with a suitable combination of
herbaceous vegetation.
11. Explain the purpose of the proposed work: One side of the existing streambank is eroding
and threatening the structural integrity of a Class "C" dam used for stormwater retention.
The dam provides containment for the existing 5-acre pond. This work will prevent any
further erosion along the stream and preserve the embankment so it can safely contain the
pond water. If stabilization of the streambank is not performed, there is a significant risk of
dam failure and subsequent threat to downstream water quality within Bat Fork Creek.
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.
Previous work (including channel relocation mentioned above) was conducted in 1962 prior to
regulatorypermitting requirements.
A wetland delineation was conducted on January 21-26, 1998 by Engineering Consulting
Services, LTD. and field verified by the USACE on February 13, 1998 (Figure 2). Notification
of Jurisdictional Determination was issued by the USACOE on February 23, 1998. A land
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 7 of 13
survey of the wetland boundaries was completed by Freeland-Clinkescale & Assoc of NC in
September 1998 and the boundaries were approved by David Baker of the USACOE on January
12, 1999.
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.
No
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.
1. Provide a written description of the proposed impacts: The only impacts will be to an
approximately 10 to 15 foot wide section of streambank along Bat Fork Creek as shown in
Figure 3. The impacts will include placing gabions along one side of the stream to stabilize
the bottom of the dam of the retention pond. Figure 4 provides a detail of the gabion
placement. Stream flow will not be altered based on the proposed activity.
2. Individually list wetland impacts below:
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***
Not Applicable

* 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.
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 8 of 13
** 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 htip://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 3.5 acres (Figure 2)
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:
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?
leases cify)
1 Stabilization 500 Bat Fork Creek 6 feet Perennial

* 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.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 500
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.
Not Applicable

* 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
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 9 of 13
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not applicable
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.
We performed an engineering analysis of the strength of the embankment and calculated a
safety factor with regards to slope failure. Currently the safety factor is approximately 1.0 for
certain sections of the embankment profile. Without any stabilization (no action option), the
slope would eventually fail due to the load imposed by the water in the retention pond.
Therefore some type of action is needed to preserve the mass in the embankment. The relocated
stream channel was placed at the base of the dam embankment and has eroded the embankment
over time. The maintenance measures performed to date include the placement of minor
amounts of rip-rap to prevent erosion. To maintain the long term structural integrity of the dam,
the streambank must be permanently stabilized. Engineering plans have been submitted to the
N.C. Division of Dam Safety to fortify the streambank and make some other minor changes to
the pond in accordance with the dam safety rules.
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.
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.
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 10 of 13
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
hqp://h2o.enr.state.nc.us/ncwetlands/strrnaide.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.
Because the project is being conducted as part of a maintenance activity, the only mitigation
proposed is to remove the fish impassable weir placed within the stream. The weir has been
in place for decades and no longer serves its function as flow monitoring station. Removing
the weir would allow fish migration along this portion of Bat Fork Creek. No monitoring is
proposed.
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/wM/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):
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
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 11 of 13
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
X.
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 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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.
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.
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 12 of 13
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.
As shown in Drawing 3 the adjacent drainage area is approximately 5 acres of which about .2
acres is existing impervious land surface. No additional impervious land surface is proposed.
XII. 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.
Current sewer capacity is handled by the public sewer.
XIII. 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).
2101
Apphcanir/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
P:\GE\Pond Construction\Permitting\PCNFORM4_.docPage 13 of 13

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Picture 1 Picture 2
GEOTRANS, INC.
)UR
133888
REF. NO. YOUR INVOICE NO. INVOICE DATE INVOICEAMOUNT AMOUNT PAID DISCOUNT TAKEN NETCHECKAMOUN
34573 401 CERT FEE 10/14/2004 $475.00 $475.00 $0.00 $475.00
a,grr.-I, 1
OCT 2 N95
1 8 2004
DENR.
`",?TINiDSAt+ ATERoUALIIY
ITORN?IXTERERM0
TOTALS 475.00 $475.00 $0.00 $475.00
Picture 3
Picture 4