20010685 Ver 1_COMPLETE FILE_20010504

9 North Carolina Wildlife Resources Commission 0,
Charles R. Fullwood, Executive Director
C) loco Y's
MEMORANDUM (3(
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
f:
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program /,
DATE: May 30, 2001
SUBJECT: Review of an application by Mr. Dave Bickley, Lake Impoundment on
Unnamed Tributary to Third Creek, DWQ # 010685, Iredell Count
The applicant is requesting 401 Water Quality Certification from the North
Carolina Division of Water Quality to impound the referenced waters for a ski lake. The
project will flood an existing agricultural field of roughly 10 acres and provide
approximately 1.2 acres of wetlands. Revegetation is proposed for the area of the berm
on Third Creek. The NCWRC has reviewed information provided by the applicant, and
field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
Based on our review, it appears that no listed animal species are present in the
area or that significant habitats will be lost due to existing agricultural uses. Therefore,
we will not object to the project as long as work is accomplished in the dry, native plants
are utilized, and approved erosion control measures are implemented during construction.
Intense skiing and wave action can cause significant shoreline erosion. Wide littoral
shelves with dense shoreline vegetation should be provided that will soften and withstand
wave action in order to minimize and reduce any turbidity that may enter Third Creek. If
requested, Wildlife Biologists with the North Carolina Wildlife Resources Commission
are available to provide recommendations for plantings around the lake and in any upland
areas.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Ccnter • Raleigh, NC 27699-1721
Telephone: [phone] cxt. 281 • Fax: [phone]
Dave Bickley Lake 2 May 30, 2001
We recommend that the applicant install 8-10 wood duck boxes in the wetlands
around the lake. In an effort to avoid problems with geese, we recommend that the entire
lake edge be naturalized with shrubby vegetation and warm season grasses to the extent
practicable. Manicured grassed areas encourage use by non-migratory Canada geese. To
prevent non-migratory geese from becoming overpopulated nuisances, the applicant
should use the above recommendations as well as take measures (such as allowing legal
hunting) that maintain an acceptable number of geese. These activities should be utilized
before large numbers of geese can create unsanitary or unsafe conditions around the lake.
Should the lake fill with sediment and/or be abandoned, we recommend the use of
stream and wetland restoration efforts that improve habitats and water quality in Third
Creek. This can be accomplished in conjunction with conservation easements and by
working with a natural resource agency such as the Natural Resource and Conservation
Service, the North Carolina Wildlife Resources Commission, or the Wetland Restoration
Program.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/769-9453.
Cc: David Sawyer, NCWRC
Steve Chapin, USACOE
Kin Hodges, NCWRC
O?O? W A T ?9QG
r
? y
o ?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 5, 2001
DWQ# 01-0685
Iredell County
David Bickley
115 Kings Crest Drive
Mooresville, NC, 28117
APPROVAL of 401 Water Quality Certification
Dear Mr. Bickley:
You have our approval, in accordance with the attached conditions, to impact 400 linear feet of streams and 0.3 acre of
wetlands and to create 1.2 acres of wetlands in order to construct a private lake along Third Creek on your property in
Iredell County, as you described in your application received by the Division of Water Quality on May 4, 2001. After
reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3287.
This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers.
In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. You should send an
application to the Division of Land Resources for their review of your project under dam safety rules as well as erosion and
sediment control. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in
the General Certification.
This approval is only valid 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 for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. 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 John Dorney at 919-733-9646.
Attachment
Sin erely,
P.Stevens
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
010685
North Carolina 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)
-1 1- .10C /..4.--- I !1111 777 10- /-.." LH...„{^? ___ - /..........L... _!../
MEMORANDUM
TO: John Dorney Regional Contact: Pete Colwell
Non-Discharge Branch WO Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bickley Lake do David Bickley County Iredell
Project Number 01 0685 County2
Recvd From APP Region Mooresville
Received Date 514101 Recvd By Region
Project Type lake construction
Certificates
Permit Wetland
Type Type
39 BLH
Wetland Wetland Stream
Impact Score Index
Y _0N F_ 12-108-20-
Stream
Class
Prim. Supp
Acres Feet
Basin Req. Req.
30,706. 0.30 400.00
Stream Impacts (ft.)
Mitigation
MitigationType
Y 'UN I; I .
C
Wetland
Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y OQ N Did you request more Info? 0 Y OQ N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 354944 Longitude (ddmmss) 810209
Comments:
The a ligtn cant proposes to excavate an area 2100 feet by 230 feet adjacent to Third Greek in Iredell
County in order to impound water to create a private water ski lake. The site is located in agricultural
fields within the relic floodplain of Third Creek. A small spring fed stream has been channelized
through the fields but is still shallow enough to over flow into the adjacent fields. Along the small
stream is a healthy growth of black willows, alder, silky dogwood and other riparian species.
The proposed lake would im ap ct approximately 400 linear feet of stream channel through the
construction of the lake dam and outlet structure and the excavation and flooding for the lake.
Approximately 0.3 acres of wetlands will also be im acp_ted by the lake construction. The applicant
also proposes to offset the impacts by creating _1.2 acres of wetland out of the remaining field area
along the small stream above the proposed lake and re- Ip anting trees along Third Creek,
cc: Regional Office
Central Office Page Number 1
Facility Name Bickley Lake c/o David Bickley County Iredell
Project Number 01 0685 Regional Contact: Pete Colwell
Date: 5/24/2001
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2

MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: May 30, 2001
SUBJECT: Review of an application by Mr. Dave Bickley, Lake Impoundment on
Unnamed Tributary to Third Creek, DWQ # 010685, Iredell County
The applicant is requesting 401 Water Quality Certification from the North
Carolina Division of Water Quality to impound the referenced waters for a ski lake. The
project will flood an existing agricultural field of roughly 10 acres and provide
approximately 1.2 acres of wetlands. Revegetation is proposed for the area of the berm
on Third Creek. The NCWRC has reviewed information provided by the applicant, and
field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
Based on our review, it appears that no listed animal species are present in the
area or that significant habitats will be lost due to existing agricultural uses. Therefore,
we will not object to the project as long as work is accomplished in the dry, native plants
are utilized, and approved erosion control measures are implemented during construction.
Intense skiing and wave action can cause significant shoreline erosion. Wide littoral
shelves with dense shoreline vegetation should be provided that will soften and withstand
wave action in order to minimize and reduce any turbidity that may enter Third Creek. If
requested, Wildlife Biologists with the North Carolina Wildlife Resources Commission
are available to provide recommendations for plantings around the lake and in any upland
areas.
Dave Bickley Lake 2 May 30, 2001
We recommend that the applicant install 8-10 wood duck boxes in the wetlands
around the lake. In an effort to avoid problems with geese, we recommend that the entire
lake edge be naturalized with shrubby vegetation and warm season grasses to the extent
practicable. Manicured grassed areas encourage use by non-migratory Canada geese. To
prevent non-migratory geese from becoming overpopulated nuisances, the applicant
should use the above recommendations as well as take measures (such as allowing legal
hunting) that maintain an acceptable number of geese. These activities should be utilized
before large numbers of geese can create unsanitary or unsafe conditions around the lake.
Should the lake fill with sediment and/or be abandoned, we recommend the use of
stream and wetland restoration efforts that improve habitats and water quality in Third
Creek. This can be accomplished in conjunction with conservation easements and by
working with a natural resource agency such as the Natural Resource and Conservation
Service, the North Carolina Wildlife Resources Commission, or the Wetland Restoration
Program.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/769-9453.
Cc: David Sawyer, NCWRC
Steve Chapin, USACOE
Kin Hodges, NCWRC
f
Bickley Lake
010685
Ired.ell County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
AATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared for:
Mr. Dave Bickley, P.E.
115 Kings Crest Drive
Mooresville, NC 28117
Prepared By:
Leonard S. R.induer, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-[phone]
Date : May, 2001
1 MAY 4 2001

FIA.
Dave Bickley, P. E.
115 Kings Crest Drive, Mooresville, NC 28117
Phone [phone]
Fax [phone]
April 30, 2001
Mr. Len Rindner, PWS
3714 Spokeshave Lane
Matthews, NC 28105
Re: Lake Project
Dear Len:
Is letter is a written notification that I am authorizing you to be my agent for this
applicationtpermit. Please stress to the necessary parties involved that time is of the essence. My
option on this land expires on May 22nd. I hope to also begin construction during early July to
take advantage of the dry summer months. The land is low lying as you know and it is the only
fbasible time to construct such a project.
You also mentioned to me earlier that the parties involved will be curious why this lake is even
required. My wife and I are both passionate water skiers and have been searching for land for
over 4 years in which to build our own private lake. Lake Norman has become too crowded and
smooth calm water is impossible to find. There are many variables as you know that must be
considered for such a project. Water quality, water flow and location to name a few. The
dimensions for this lake are also critical since a water ski slalom course is over 1200 feet long and
80 feet wide. The minimum lake dimensions based on experience are 2100 feet x 230 feet. I feel
that we have finally found what we have been looking for and hope that this application will be
approved.
Please do not hesitate to contact me should you have any questions. I look forward to a positive
reply and hope that our dream can become a reality.
Sincerely,
Dave 13ickley, P.E
Office Use Only: orm Version Apri12001
010684
USACE Action ID No. DWQ No.
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
1. Check all of the approval(s) requested for this project:
OTSection 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
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 (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information 1
Name: 'yr. [?ayl of
Mailing Address:
__?__.? .
114 iC..? ,??t N6
"achos.v le. , NL 2B 1 I
r
Telephone Number: W o 4411 Fax Number:
E-mail Address: efillAe-bIC. %lM i rA R lam' 1 Pt . LbOV
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: Ltollw,-A (:f . P, 1 ..4.,, w--. D ( i c
Company Affiliation:
Mailing Address:
Telephone Number:-704 - e4L. ~ (>I Fax Number.: -7 RTcF3
E-mail Address: rr rJ iACa-- CO- Net I t c ?- . il eA_
Page 3 of 12
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 I1 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: P_ -7 t LV_ ( e?, La.-
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
county: (red c, ( Nearest Town:
Subdivision name (include phase/lot number):
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. Describe the existing land use or condition of the bite at the time of this application:
7. Property size (acres): ?- S
8. Nearest body of water (stream/river/sound/oceanllake): (4<e e -k-
9. River Basin: GC G???-? ?'? `. -,?' FV s wv
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
to?
10. Describe the purpose of the proposed work:
tM T-2
11. List the type of equipment lobe used to construct the project: ?nmn Ur- ilaV7 E.
12. Describe the,land use in the vicinityof? his project: r i i Ocv( (k.?611
1_ 1 _ a- 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 USAGE 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
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
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 5 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
' ear feet
Type of Wetland***
v?.?i? for Yo 4z "5-0 MM I-c, "PIA

* List each impact separately and identify temporary impacts. Impacts include, but ate 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
(FIRA ), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online athft://www.fema.po .
*** 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: ±- . ?ac> -
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
ear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease ci
fy
YY\ 06 V nA t J T T k i,-A Gtr l
Y+ t ?-1
-r?v't?rv?- r?
L ery, s4rjcAw t, [av i?- 61'cc -f r t1I t 411

" 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 tbrough the USGS at 1-800-358-9616, or online at
www.uses.Qov, Several interrnet sites also allow direct download and printing of USGS maps (e.g., www.imozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: t 'qo, C2
1>1
61-1 -! caL t r ??
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. 14o ?
Open Water Impact
Site Number

indicate on map)
Type of Impact* Area of
Impact

acres
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary',. sound,
ba ocean, etc.

• List each impact separately and identify temporary impacts. Impacts include, bug 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 iniclufied with this appl' cation. j
Pond to be created in (check all that apply): uplands stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
drew-down valve or spillway, etc.): ('?4 ??,? ? ? ((? ? ?4;;A;r % ((cam,,, i r 7 cx?
Proposed use or purpose of pond (e. ,
local stormw,ater requirement,- etc.):-16
trout; pond,
Size of watershed draining to 4d: I l -7 ,b tZ..e> Expected pond surface area:
eaw? t S 4u 1'?'?-? 5 lr?
VII. Impact Justification (Avoidance and Wn'imbz Lion)
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.
V,I L?' ? -
Page 7 of 12
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.
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/ncwetlands/strm[zide.himl.
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.

ar `i ! hi da*' r r-xt
r\ c?fq
i pro? -, I rh Eti"
Gc.r?fc1?'!-? , r f
zbr I { 1?1
(6')TKL I a ? z
:PS

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 NCWWRP 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 httv://h2o.enr.state.nc.us/wry/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 (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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requ nts), or other (please identify )?
Yes [] No ire ? If you answered "yes", provide the following information:
Page 9 of 12
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
Gone 1 extends out 30 teet perpendicular trom near bank of channel; :Gone 2 extends an
additional 20 feet from the edge of Zone 1.
Lf 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.
XL 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
cinwnctrPam from the nrnnPrty
X11.
11
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewat r generated from The proposed project, or available capacity of the subject facility.
("X - Cic_, ?.Irr . L-w- .: / , nr Li ?'vci '.40- n/ IC
X111L Violations (DWQ Only)
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 application?
Yes ? No
Page 10 of 12
Sewage Disposal (DWQ Only) ? S , i,.?? c2A K-i CA, dyyC' .
XTV. 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 oth r issues outside of the applicants ntro )
r
C" 71 dry. Cw? Cf.?? 5
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field OfIrkes and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Tredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabanas Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
LEONARD S. RINDNE% PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
May 2, 2001
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Bickley Lake - + 41 Acre Residential Site, Iredeli County - NWP #39
Dear Sirs:
On behalf of my client, Mr. David Bickley, I am requesting authorization to use Nationwide Permit 39 to
create an approximate 10-acre lake with adjacent wetlands. The project will occur in an existing level
fl.oodplain that is currently active agricultural in hay production. The lake will be used for recreation,
aesthetics, and will create significant aquatic resource. The lake is anticipated for the private use of the
owner. Mr. Bickley anticipates constructing his home near the lake. To mitigate for the loss of the
existing herbaceous and scrub shrub wetland, a mitigation plan is proposed to create wetlands associated
with the flow from the perennial spring and impoundment. There will also be a shallow littoral zone
proposed around the lake to protect the banks. In addition, the developer proposes to re-establish
bottomland hardwoods along the banks of Third Creek, in a small area where the trees and shrub scrub
have been removed adjacent to the the proposed lake. Project construction will strictly adhere to an
approved Sedimentation and Erosion Control Plan.
General Wetland Classification and Description
The wetland and riparian areas on this site can be described as Palustrine Scrub/Shrub and Emergent
Temporarily Flooded (PFOIA, PSS1A). The majority of the site is level agricultural land. and woodland.
Vegetation includes black willow, silky willow, alder, and silky dogwood., Herbaceous strata includes
sedges, soft rush, and others. The site includes Chewacla soils. These soils are map units, which may
have inclusions of hydric soils according to the Natural Resource Conservation Service, Technical Guide-
Section II-A-2, June 1991. The site is within the Third Creek sub-basin of the Yadkin River.
Methodolo?y
Preliminary identification of the Jurisdictional Waters on the site were determined according to the Corps
of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary
data gathering included review and interpretation of topographic maps; USDA Soil Conservation Survey;
aerial photographs, and preliminary site visits to selected areas. Then the Routine On-Site Determination
Page 2
was utilized to determine the upper boundary of the wetlands. In order to make a positive wetland
determination indicators of hydrophytic vegetation, hydric soil, and wetland hydrology were be
identified as described in the manual.
SUMMARY OF JURISDICTIONAL WATERS OF U.S
Surface Waters Perennial (± 1,10011)
± 0.08 ac.
Wetlands + 0.40 ac.
Approximate Total - Waters of the U.S. + 0.48 ac.
SU f"YOFIMPACTS
Surface Waters Perennial ( ± 100 If) + 0.01 ac.
Perennial (by flooding 300 if) + 0.02 ac.
Wetlands + 030 ac.
Total Impacts - Waters of the U.S. + 0.33 ac.
WETLANDS PERMITTING AND MITIGATION
Avoidance, Minimization, and Mitigation
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These
will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees to be preserved
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short-term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands/streams to be preserved will be clearly marked prior to construction to prevent
accidental damage. The contractors will be held responsible for unauthorized wetland and stream
damage not permitted according to plans and specifications.
g) Project construction will strictly adhere to an approved Sedimentation and. Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
h) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
Page 3
Proposed Compensatory AgdLatio
Wetlands
The objective is to restore and create at least 1.20 acres of periodically saturated and occasionally flooded
emergent to scrub shrub wetlands. This will include developing areas in various forms that are saturated
within the root zone or inundated for a significant portion of the growing season. The zones will be based
on the expected saturation and inundation of the particular zones and tolerances and include:
Emergent/Aquatic + 67%
Approach
Shrub/Scrub + 33%
Wetland areas to be created and restored will be graded and backfilled to finish grades with suitable
topsoil/hydric soil and stabilized as necessary to restore the hydrological planting zones and drainage
patterns. Under normal conditions for the area, the soils are expected to be inundated and/or saturated
during the winter months and early spring for a period of at least 5 to 12.5% of the growing season.
The following hydrological zones are expected to occur within the wetland mitigation areas:
Seasonally: area is inundated or saturated from 12.5-25% of the growing season.
Irregularly: area is inundated or saturated from 5-12.5% of the growing season.
Soil from impacted wetlands will be temporarily stripped and stored for use in lining the wetland site.
The soils that occur in the area include Chewacla Series. Using these existing soils in the proposed
mitigation sites may hasten the development of hydric soil conditions in the wetland mitigation site.
Planting includes a variety of saturation shrub species. Herbaceous materials are expected to significantly
volunteer with the preservation of the existing topsoil on the disturbed site. The planting plan will also
encourage a diverse canopy and mid-story vegetation. The primary criteria that plant selections are based.
is the duration of soil saturation. Plant species tolerant of appropriate hydrologic conditions will be
specified in the mitigation areas.
The discharge structures will be stone filter weir structures or berms with gravel filters. This will allow
flexibility to make adjustments and detention of or the removal of excess water until a stable level is
observed. Inputs to the system will include precipitation, surface runoff from the site, and perennial flow
from an off-site spring. It is expected that the wetland area will filter the stream from off-site to help
maintain a healthy lake. Groundwater sources are also likely. The flow will be diffused in a sheet flow
fashion. Sheet flow will disperse over the wetland mitigation area before following swales, which will
distribute flows at a low velocity. The bottom grades of the proposed wetland will be at a flat gradient of 0
to .5% slope. Small drainage ways and hummocks will be designed to disperse and direct flow and to
create the various hydrological zones. Excess water will be discharged out of the area in a controlled
manner. If the water depth is greater or less than anticipated than the outfall can be adjusted slightly to
allow a greater or lesser volume to be stored. Percolation rates are not expected to be rapid due to the
dense subsoils. Small obstructions will be strategically placed to make minor adjustments to drainage flow
in order to increase or decrease duration of flooding or saturation.
The planting schedule will include a diversity of water tolerant hardwood tree, scrub/shrub species that are
Page 4
also high in wildlife value. The planting plan will also encourage strata diversity. All plant material will
be obtained from local sources and no more than 20% of each of the listed species will be used to
encourage diversity. All new plantings will consist of species that are classified as OBL or FACW.
Riparian Berm Enhancement along Third Creek
Trees will be planted on riparian berm along Third Creek in a small area where they were removed by
previous agricultural activites. * No more than 20% of the trees required to be installed shall be of one
species to create diversity.
Proposed Planting
Botanical Name
Common Name
Diospyros virginians
Persimmon
Fraxinus pennsylvanics
Green Ash
Nyssa sylvatica
Blackgum
Quercus lyrata
Overcup Oak
Quercus shumardii
Shumard's Oak
Quercus michanxil
Swamp Chestnut Oak
Liriodendron tulipifera
Tulip-Poplar
Quercus phellos
Willow Oak
Others as acceptable
Scrub/Shrub Zone - Plant List
* No more than 20% of the scrub shrub vegetation to be installed shall be of one species to create diversity.
Botanical Name
Common Name
Alnus serrulats Cephalanthns occidentalis Cornus amomum
Tag Alder Buttonbush Silky Dogwood
Salix sericea Sambucus canadensis Itea virginica
Silky Willow Elderberry Silky Willow
The size of the vegetation will be based on availability and enhance long term survivability. This
information will be provided to the USACE and NCDWQ for verification.
Seedin} Specification for Herbaceous and Cover Crop in Wetland A t-eation Sites
Zone 1 - Wetland areas in temporarily saturated soils or subieet to occasional and brief inundation
Dates Tvpes Rate
April I - Jul. 15 Red Top Grass 7 Ibs/acre
Smartweed 20 lbs /acre
Jul. 16 - Sept. 1 Temporary Crop
Jap. Millet or Sorghum 20 lbs /acre
Page 5
(to be followed by permanent mixture)
Sept. 2 - Nov. 1 Smartweed 201bs /acre
Red Top Grass 71bs/acre
Nov. I - March 31 Temporary Crop 40 lbs /acre
Wheat or Winter Rye
(to be followed by permanent mixture)
Seeding Instructions
1) Seed in the dry period
2) use of a filler, such as sand to dilute the seed to ensure uniform ground coverage when broadcasting
3) tree and shrub planting should be completed first before seeding
4) Pure live seed shall be specified and approved prior to planting.
Herbaceous species may with a wetland seed mix, which will result in coverage of at least 100 stems per
square meter upon germination. Substitutions may be permitted with approval. Other native grasses or
annuals may be selected. No fescue will be used in wetland areas. Annual grasses shall be utilized
for stabilization on surrounding slopes within Mitigation Area rather than perennials to allow
natural succession. If a perennial is required for erosion control than a mixture shall he selected that
allows natural volunteering to occur.
Monitoring
Monitoring of the wetland restoration area will be performed to evaluate the relative to the success
criteria. A report will be prepared which summarizes the data collected in the field and to note trends.
Photographs at fixed stations will be taken to document the trends and changes occurring at the sites.
These reports will be furnished to the USACE and the NCDWQ. The restoration site will be monitored bi-
annually during March/April and again in August/September to measure survival rate, species diversity,
and growth as well as to identify any problems such as upland or invasive wetland species. Invasive
species removal will be as needed and will include the removal of such plants as honeysuckle, poison ivy,
blackberry, rose, kudzu and privet, etc.
Vegetation Success Criteria
Successful scrub/shrub restoration will require 60% or 600 woody stems per acre surviving for five
consecutive years or 75% aerial coverage. Emergent vegetation is expected to naturally volunteer. is
expected that if these criteria are not met, the site will be considered unsuccessful and maintenance will be
needed to provide the required quantity. A monitoring program will be conducted for the bottomland
hardwood, scrub/shrub, and herbaceous communities or until the success criteria is met.
Hydrology Success Criteria
Saturation or inundation for at least 5% to 12.5% of the growing season at lower landscape positions
during average climatic conditions is the target hydrological characteristic. If wetland parameters are
marginal, USACE personnel will be consulted to determine the jurisdictional extent, in transition areas.
The data collected during the monitoring period will be used to evaluate the success of the mitigation
sites. The success criteria are as follows:
Page 6
• Observed or recorded evidence of soil saturation within 12" of the surface for a
minimum of 5% of the growing season.
Contingency Plan
These vegetative, soil and hydrological characteristics must be met to determine the success of the wetland
restoration. If the restoration is determined to be unsuccessful, one or more of the following contingency
plans will be implemented.
• Selected reinstallation of vegetation or other maintenance (thinning or removal).
• Extended monitoring periods.
• Hydrological modifications or manipulation, and/or
• Off site mitigation sites, and/or
• An acceptable alternative form of restoration.
Report Submittal
An "as-built" plan drawing of the area, including initial species compositions by community type and
sample plot locations will be provided after the completion of planting. A review of the actual design,
densities, and quantities will also be included. These will be provided within 60 days of the completion of
the planting. The report will document sample plot locations along with representative photographs
illustrating site conditions. A Final As Built Report will be provided for review and discussion regarding
compliance of the project to determine if further monitoring or modifications are required. The As Built
Report will be submitted within 60 days of the restoration site completion and serves as official notice of
completion.
Protection from Future Development
As required, the wetlands will be protected in perpetuity from future impacts by the applicant or by a
group designated by the applicant for this purpose. Development of these areas will be deed restricted.
These restrictions will be developed for approval from the USACE and/or NCDWQ.
CULTURAL 'RESOURCES
The project site is disturbed from previous agricultural activities. No structures were found on the site.
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine
if sites are indicated on the National Historic Register within the study area.
AQUATIC HABITAT
The aquatic systems in the project area consist of tributaries in the Yadkin River Basin. A variety of
wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control
plan will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. This project will create over 14 acres of additional
riparian and aquatic habitat.
Please let me know if you have any questions, and for your consideration.
Page
Environmental Planning Consultant
NC Landscape Architect #578
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USGS Togo Man
01 Jul 1986
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