20011052 Ver 1_Complete File_20010711

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Division of Water Quality
WATER QUALITY SECTION
May 25, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Ivolee McCall
Post Office Box 1212
Hudson, North Carolina 28638
?f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Notice of Violation
Culvert Placement & Stream
Rechannel
Hefner Place
Caldwell County
Dear Ms. McCall:
Inspection of an unnamed tributary to Gunpowder Creek revealed re-
channeling of the tributary and installation of a culvert in the stream.
Re-channeling and installation of the culvert had occurred on property
owned by you in Caldwell County, North Carolina prior to transference of
the property to Mr. and Mrs. Kenneth Phillips. There is also a
possibility that wetlands may have been impacted by the channel and
culvert work.
Both re-channeling and installation of a culvert require permits
from the Army Corps of Engineers in addition to certification by this
agency. Failure to obtain the Division of Water Quality's certification
prior to construction of the described activities subjects the
responsible party to the possibility of enforcement proceedings
including assessment of civil penalties of up to $25,000 per day. The
Army Corps of Engineers could also initiate separate enforcement
proceedings for failure to obtain the necessary permits from their
agency.
Attached is a section from the North Carolina Administrative Code
(15A NCAC 2H.0500) detailing the State of North Carolina's certification
requirements. Also attached is a copy of the Pre-Construction
Ms. Ivolee McCall
May 25, 2001
Page Two
Notification (PCN) Application Form which must be completed and
submitted to both the Division of Water Quality and the Army Corps of
Engineers for the stream and wetland activities conducted on your
property. Certain portions of the instructions have been highlighted.
Please provide a written response within ten (10) days following
receipt of this letter. The response should clearly explain the reason
for failure to secure a proper 401 Water Quality Certification for the
channel modifications and culverting. Any other factors and relevant
information should be included in the response.
If application (on the enclosed PCN form) for a 401 Water Quality
Certification is to be submitted, please specify the date on which this
Division may expect the completed application. Avoidance, minimization
and/or mitigation may be required for impacts to waters or wetlands.
Your attention to this matter is appreciated. This office is
considering forwarding recommendations for enforcement actions to the
Division Director regarding the unauthorized channeling and culverting.
If there are questions, please call Mr. Jim Reid at
828-251-6208.
Sincerely,
Forrest R. Westall
Regional Water Quality Supervisor
Enclosure
xc: COE-Asheville
Becky Fox-USEPA
John Kenny, Toyvn of Hudson
John Dorney
Mike Parker
Jim Reid
vvnr?pOG
650J,
August 7, 2001
Caldwell County
DWQ Project # 011052
APPROVAL of 401 Water Quality Certification and-ADDITIONAL CONDITIONS
ivolee Martin-McCall
Post Office Box 1212
Hudson, NC 28638
Dear Ms. Martin-McCall:
You have our approval, in accordance with the attached conditions and those listed below, to retain fill material in 150 linear feet
of streams for the purpose of constructing an entrance road to lots 8564 and 2238 as described in your application received July 11,
2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3287.
This certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. 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, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the
accompanying 404 or CAMA 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 except as modified below. If you
change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total
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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in
order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the
date of this letter or the issuance of the 404 Permit (whichever is later).
2. The planting plan as described in the application shall be completed by December 31, 2001.
3. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached
form and return it to the 4011Wetlands Unit of the Division of Water Quality.
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 Dave Penrose at 919-733-9502 or Jim Reid at our Asheville Regional Office at 828-251-6208.
Thorpe, Ph.D
Wetlands/401 Unit 1650 Mail Service Center Raleigg, NC 27699-1650 Ph: [phone] Fax: [phone]
MIU[Id Ul F. F-OWCY, vvvci nV?
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
?.
RMSM
Customer Service
1 800 623-7748
Attachment
cc; Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Jamie McCall III; Post Office Box 759, Connelly Springs, NC 28612
MEMORANDUM
TO: John Dorney Regional Contact: Jim Reid
Non-Discharge Branch WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ivolee Martin-McCall
Project Number 01 1052
Recvd From APP
Received Date 7/11/01 Recvd By Region 7/15/2001
Project Type road crossing
County Caldwell
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
39 Stream O Y O N F 11-54-.5 F c 30,832. ?- 150.00 140.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: (0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 355135 Longitude (ddmmss) 812845
Comments:
Issue 401. Willows. around cover and rock placement will satisfactorily address ARO's concerns
about after-the-fact erp mittina for this culvert and road crossing.
cc: Regional Office
Central Office Page Number 1
[Fwd: 404 - Project 011052 - Caldwell Col
Subject: [Fwd: 404 - Project 011052 - Caldwell Co]
Date: Thu, 26 Jul 2001 13:35:53 -0400
From: Mike Parker <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: John Dorney <[e-mail]>, Todd St John <[e-mail]>
-------- Original Message --------
Subject: 404 - Project 011052 - Caldwell Co
Date: Thu, 26 Jul 2001 11:38:55 -0400
From: Jim Reid <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: Cyndi Karoly <[e-mail]>,Mike Parker
<[e-mail]>
ARO's staff report for subject project (011052-McCall-Caldwell Co) is in
File Maker Pro. Staff recommend issuance of certification. Please call
Jim Reid at 828-251-6208 if additional information is required.
Jim Reid - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
1 of 1 7/26/01 2:17 PM
N
k •
y
Office Use Only: Form Version April 3001
.. 1p5?„
USACE Action ID No. DWQ No. 01
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. Ch ck all of the approval(s) requested for this project:
[Section 404 Permit
F] ,Section 10 Permit
401 Water Quality Certification
[] Riparian or Watershed Buffer Rules AA II
2. Nationwide, Regional or General Permit Number(s) Requested: / kTl o N MD G C"-6N 6YC+(-
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: [,
II. Applicant Information
1. Owner/Applicant Information
Name: Y V O LE E M A Rrl N- /h ? GA« .
Mailing Address: ? y. 3 ox /Z 14
/'ooS`ON N.rr: 28Ci38 ,
Telephone Number: '02% 18- ?4 (o S 90 Fax Number: /YZk
E-mail Address: 0
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: 3 F4MIe S, /"l ACA u- -jr.
Cremrpauy Affiliation: SoN
Mailing Address: . 0. B 75,
NA1rLL.Y S ??iNC-s N C. .Z-$ (0 12.
Telephone Number: $ ?-? - 8 4 - (oS90 Fax Number:
E-mail Address:
PAYI i -IJ
I\)IA"EIVLD
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 NKCS 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: CuuYERT PiA(.8MMr OR- 177 NcE ,EGRF "SJ LDT 1.2.3 21
2. T.I.P. Project Number (NCDOT Only): /
Z 3. Property Identification Number (Tax PIN): c"tt
4. Location
County: C14LpWELL Nearest Town: RuDsaN
Subdivision name (include phase/lot number): 'N A ?
Directions to site (include road numbers, landmarks, etc.): 3 21 N -ro MT 1497iMAN
C,
L40W To
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 site at the time of this application: Woooc-D
CoT'S ?o .9? 6CRES a INPtCCe_JrA.gL6 W1104OUT _(NdTAU TiDA/ 0F
C U LYE XT
7. Property size (acres): 6 9? R. C3
Nearest body of water (stream/river/sound/ocean/lake): (4 ?o VV y E -R
9. River Basin: " "7 ft W 'SS 'A 3 er S I N
(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.ne.us/admin/mavs/.)
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Caldwell County, North Carolina Spatial Data Explorer
Cgld'??'BII Courd-? Paial ala t IA('o)rcr
-?09R
I Flood Plain
• Zone: X
Click on the Map to:
r Zoomin r Zoomout r RecenterMap G Identify: Flood Plain
Zoom Factor: 2X ` C Radius Search (feet) 200
N
Page 1 of 2
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Zoom to the location.
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MAP Currency
This map is prepared for the
inventory of real property found
within this jurisdiction, and is
compiled from recorded deeds,
plats, and other public records
http://maps.co.caldwell.nc.us/scripts/esrimap.dll?Name=cal_sdx&Cmd=Clk&Left=12641:... 06/13/2001
10. Describe the purpose of the I
To L I%T,5 -it $ 5' ( -
;d work: I o G-i w5 If FYI C 1 6- kccyr
* tizrQ
11. List the type of equipment to be used to construct the project: SAC-9kOG
IV.
V.
12. Describe the land use in the vicinity of this project: VJ I v cN r4 L
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.
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
application: &A A 7
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.
Paae 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.pov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
C v WJ T tE$L O UT r. "a?-wpm
/z.
R to Cll.T? 0 1 ? D` ?`'
mss 4V

* 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 liner 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 internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mayguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
a •) c • ' Is
i
'PP,PjO S 4iAjE-AtR DisrANCE I51>
) E--- -- $
C u R R E lr o tiCAR D 1 t T'NK C_E
11D.1
D.,.,e 4 ,.,r 11
I Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
? x
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) 'T'ype of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
f
i

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): [_] uplands [] stream E] wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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.
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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 1.50 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://h2 o. enr.state.ne.Us/ncwetlands/stnngide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including; but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.n,c.us/wrp/index.fitm. 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): _ /I/?
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acrI((acr-c
Amount
of Non-riparian wetland mitigation requested
Amount of Coastal wetland mitigation requested (acres):k _
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes F? No N1
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 Requirements), or other (please identify V
Yes [_1 No [] If you answered "yes", provide the following information:
n_ --- n _? I^
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

2 1.5
Total
T Lone i extends Out Ju teet perpendmcutar nom near oanK of enannet; Gone 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.
X1. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
X1I. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes No
L
Is this an after-the-fact permit application?
Yes ? No (?

Nl
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'] North Carolina Wildli-fc R.esou_rc es Commissloii f
Charles R. Fullwood, E xccutive Director
MEMORANDUM.
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of E,nginegrs
FROM: Ron Linville, Regional Coordinator,
"?
Habitat Conservation Program DATE,: August 3, 2001
SU13 JECT: Review of an application by Ivolee Martin-McCall, Caldwell County
The applicant is requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit frorn the U.S. Army
Corps of Engineers and a 401 Certification from the NC Division of Water Quality. The
NCWRC has reviewed information provided by the applicant, and field biologists on our
staff are familiar with habitat values of the project area. These comments are provided in
accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et, seq.) and.
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The applicant proposes to culvert 20 linear feet of stream and relocate
approximately 110 linear feet of stream. Mr. Jack Mason, District 8 Wildlife Biologist,
visited the site on August 2, 2001. He determined that the project had been completed
and stabilized. Based on his findings, we will not object to the project, as we do not
believe that this project will cause significant impacts to waters supporting trout or other
sport fisheries. We recommend that a disturbed area near the relocated channel be
stabilized using native species or a mix of amiual rye and shade tolerant fescue. We
concur with the addition of weeping willows (as proposed by the applicant) as they will
provide beneficial stream shade and stabilization.
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: John Dorney, DWQ (Certification # 011052)
Mailing Address: Division of Inland. Fisheries * 1721 Mail Service C:entcr • Raleigh, NC 27699-1721
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Telephone: [phone] est. 281 • Fax: [phone]