20011216 Ver 1_Complete File_20010810

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micnaei r. castey, L2overnor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
September 18, 2001
Stanley County
DWQ Project # 011216
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Jimmie and Judy Flinchum
3912 Old Liberty Road
Franklinville, NC 27248
Dear Mr. & Ms. Flinchum:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.006 acres of
water for the purpose of constructing a shoreline stabilization effort at 24212 Strand Drive, Albemarle as described in your application
dated August 10, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3280. This certification allows you to use Regional General Number 030 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. The bulkhead shall be constructed from the blue survey pipe on the south side of the cove to the west end of the concrete block
wall on the north side of the cove.
2. 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 401/Wetlands 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 Todd -St John at 919-733-9584 or Pete Colwell-at our Mooresville Regional-Office at 704-633-1.699.
Sincerely,
Thorpe, Ph.D
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
MAW
KU M
Customer Service
1 800 623-7748
Subject: 401 comments
Date: Tue, 28 Aug 2001 16:45:53 -0400
From: Megan Owen <[e-mail]>
Organization: NC DENR, DWQ
To: John Dorney <[e-mail]>, Cyndi Karoly <[e-mail]>,
Todd St John <[e-mail]>
All:
Below are my 401 comments.
011216 (Stanly Co., Jimmy Ray Flinchum) - in WS-IV, but it's a water
dependent activity. Stay out of buffer.
011135 (Iredell Co., Calvary Community Church) - This Reeds Creek trib
is in WS-IV-PA territory, but the trib is not a blue line on the topo
map. Meaning according to the WSWP Rules, buffers don't have to apply
unless the local government includes it in a "local government study."
The consultant's evaluation of the stream came to a 28.5 score, so it
might be perennial? If truly intermittent, no buffers regardless of
local gov study. Regardless, the local government planning department
(Mooresville) should be evaluating/tracking the BUA. If the local ord
has a high density provision, then the pond will need a maintenance
agreement and security bond.
011222 (Wake Co., Mial Plantation) - first of all, the applicant only
filled out half of the application. Not in WS, but Neuse Rules apply.
Megan Owen <[e-mail]>
Environmental Planner
North Carolina Department of Environment & Natural Resources
Division of Water Quality
loft
9/1/012:15 P
401 comments
Subject: 401 comments
Date: Tue, 28 Aug 2001 16:45:53 -0400
From: Megan Owen <[e-mail]>
Organization: NC DENR, DWQ
To: John Domey <[e-mail]>, Cyndi Karoly <Cyndi.Karoly @ NCMail.Net>,
Todd St John <[e-mail]>
All:
Below are my 401 comments.
011216 (Stanly Co., Jimmy Ray Flinchum) - in WS-IV, but it's a water
dependent activity. Stay out of buffer.
011135 (Iredell Co., Calvary Community Church) - This Reeds Creek trib
is in WS-IV-PA territory, but the trib is not a blue line on the topo
map. Meaning according to the WSWP Rules, buffers don't have to apply
unless the local government includes it in a "local government study."
The consultant's evaluation of the stream came to a 28.5 score, so it
might be perennial? If truly intermittent, no buffers regardless of
local gov study. Regardless, the local government planning department
(Mooresville) should be evaluating/ tracking the BUA. If the local ord
has a high density provision, then the pond will need a maintenance
agreement and security bond.
011222 (Wake Co., Mial Plantation) - first of all, the applicant only
filled out half of the application. Not in WS, but Neuse Rules apply.
Megan Owen <[e-mail]>
Environmental Planner
North Carolina Department of Environment & Natural Resources
Division of Water Quality
1 of 1 8!29/01 7:44 A
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact:
WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jimmy & Judy Flinchum County Stanly
Project Number 01 1216 County2'
Recvd From APP
Received Date 8/10/01 Recvd By Region
Project Type shoreline stabilization
Region Mooresville
Certificates Stream
Permit Wetland Wetland' Wetland Stream Class Acres ' Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 30 Waters O _@), N F- 13-(1 ) WSTV B C.A 30,708. 0.01 F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y QQ 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/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
cc: Regional Office
Central Office Page Number 1
L JMI.A z l.rill- l.tlLlJ 1 _
co
Project Name:
Project Number: 616 L
County:
?p
The attached projec: has beta sent to you for review for the foIIowing reasons. Please consider whether a
site visit is needed to dear,-mine the impacts. Particular attention should focus on the below checked items.
Please feel fret to call the central omcc star member assigned to your region if you need assistance.
Stream length impacted.
- Stream determinadon (i.e. intemmiaent or perennial, or any channel present).
_ Wetland impact and distance to blue-line surface waters on USGS topo snap.
i
Minimizationlavoidance options.
NW Ic. (is access to high-pound or wetlands)?
Neuse bufrer rules.
Pond (water) fUl (Le_ is the pond drained or holding water)?
Pond c.-cation (Le. in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any) so that the central office can determine.
i
Nfitigation ratios.
i
Stormwater pond placed in wetlands.
Ditching in wetlands.
i
Is the applicant's proposed smream/wedand mitigation site available and viable?
check drawings and application ear
accuracy). i
_ Has project been split from previous work to avoid mittgad n requirements'

7j:7 7.

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Cumulative impact concerns _
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Offica Use Only:
USACE Action ID No.
Form Version April 2001
No.01 121 6
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing 1. ck all of the approval(s) requested for this project:
Ch . `
Section 404 Permit`:
®
Section 10 Permit `f
401 Water Quality Certification --
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: gf)
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
Mailing Address: :991 a' b Aj, lPd, ?
a??KfFf
EinonKli Odle A1.0.
Telephone Numbed 33 0 C l d- 9 3 q Fax Number(*; -3 Y,9k- 46s;-<-
E-mail Address:
Company Affiliation:
Mailing Address:
2. Agent Information (A signed a dated copy of the Agent Authorization letter must be
attached if the Agent has signatory a ority for the owner/applicant.)
Name:
Telephone Number-
E-mail Address:
Fax Number:
Page 5 of 13

U
mb.
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 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 proiect.J) m rn? H 4?aw i /'1L_ ? t M ?, J I jjt..
2.T.I.P. Project Number (NCDOT Only):
r
3.Property Identification Number (Tax PIN):J
4.Location
County: Nearest Town: 2171 o . J L° co'
Subdivision name (include phase/lot number):
-Directions to site (include roast numbers, landmarks, etc.)• J7 W i_Y.,.n( ?A-,nPb
5. Site coordinates, if available (UTM or Lat/Long): I v I A
(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 +e existing, land use or conditioi of the site at the time of this application:
7.Property size (acres):
8.Nearest body of water (stream/river/sound/ocean/lake): 4.? I?e2?
9.River Basin: ' IJ
(Note - this ust be one of North Carolina's seventeen designated major river basins.
River Basin map is available at http://h2o.enr.state.nc.us/admin/mans/.)
The
Page 6 of 13
4A
1(
12. Describe the land use in the vicinity of this project:
?n l
IV. Prior Project History ??
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of-previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide Justification forte exclusion of this work from the current
application: ? ow- iJ (x-} k; S _ Q,,
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
11. List the type of equipment to be used to construct the project: p L
'TkACW 141) IF, Dum?TR ?k
go
1. Wetland Impacts
Wetland
Impact
Site Number
(indicate on
ma
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, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on
map)
Type of
Impact* Length of
Impact
(linear
feet)

Stream Name** Average
Width of
Stream
Before
Impact
Perennial or
Intermittent?
(please specify)

i

i.ast eacn impact separately and Identity 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 wail, 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 uo 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.g_ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.Wozone.com,
www.mapauest.com, etc.).
Page 8 of 13
Cumulative impacts (linear distance in feet) to all streams on site:
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water
Area
Impact

Site Number
*
Type of Impact
of
Name of Waterbody Type of Waterbody

(lake, pond
estuary

(indicate on Impact
(acres) (if applicable) ,
,
sound, bay, ocean, etc.)
ma

List eacn impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands [stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Page 9 of 13
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
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
h-Ltp://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
Page 10 of 13
' 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at
http://h2o.enr.state.nc.us/li /index.htin. 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):
• Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
UL 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 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No If you answered "yes", provide the following information:
Page 11 of 13
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
T cone i extends out su reet perpena?cuiar 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.
X. Stormwater (DWQ Only) l ? 1 I ?
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.
XI. Sewage Disposal (DWQ Only) ?y
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.
• Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 12 of 13
XIL 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).

A15plicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Page 13 of 13
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