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HomeMy WebLinkAbout20011407 Ver 1_COMPLETE FILE_20010917`O?0F W A T ?qQG ? r O ? Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality APPROVAL of 401 Water Quality Certification Mr. Bobby Waddell 4737 Coker Drive Flowery Branch, GA 30542 Dear Mr. Waddell: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 13, 2001, Swain County DWQ Project# 01-1407 You have our approval, in accordance with the attached conditions, to place fill material in 20 feet of streams acres of wetlands or water for the purpose of constructing a road crossing to three campsites ( eventually one cabin), as described on your, application dated October 12, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification allows you to use General e Permit 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. Also 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. 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) For this approval to be valid, you must follow the conditions listed in the attached certification. This approval will expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 1. All construction activities other than the road crossing must be located at least 30 feet away from the creek. 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 1508 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 919-733-1786. or Mike Parker at our Asheville Regional Office at 828-251-6208 Attachment h.D Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 61P Customer Service 1 800 623-7748 r ra? -ts Michael F. Easley Governor Wiliam G. Ross,Jr.Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality U( yx_, - .#-13,20001 County DWQ Project# 771 000, APPROVAL of 401 Water Quality Certification r ?6q ?d ell 3 wu ???, try c _ -?-ll Dear Mr. A , Y h ve our appr , in accordance with the attac ed conditions to in Q?(J 6 acres of wetlands or waters for the purpose of as you descri in your application dated 0 c: 1) er reviewing your application, we ave decided that this fill is covered by General Water uality Certification Number This Certification allows OWa? use Nationwid er 'Number when the Corps of Engineers issues it. ul In addition, you 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 Watershed regulations. Also 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. If you change your project, you must notify us and 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. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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 condtions 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, Z 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 rider Section 401 of-the Clean Wat ct f you have "any q s ons, ` ease telephoned Q at 919-733-1786 or at our Regions! Office at - Sincereiv, Kerr T Stevens Attachment ?.. . - s . cc: winiff g-= D! alf s Corps ogineers ''r Field Office ,e?7 fj -DWQ Regional Office _ File Copy Central Files N?L1Eh#t Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 R 0' 1407 Pre-Construction Notification (PCN) Application Form y For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.usace.army-mil/wetiands/Penn app htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USAGE website at http:/'www.saw-usace-anny.mil/wetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 1 401 ISSUED rC'? D 4 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http:www.saw.usace.anny mil/wetlands/nwpfinalFedReg pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front -of the application package. For more information, see the DWQ website at http:h2o.ehnr.state.nc.us/ncwetlands/f`ees.htrnl. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 Office Use Only: USACE Action ID 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. II. Processing 1. Ch k all of the approval(s) requested for this project: a Section 404 Permit ? ection 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: /,'/ K e-b r;P6 S-s ??G 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: ? Applicant Information 1. Owner/Applicant Information Name: AAb %-l bti?A i)CY-` Mailing Address: q737 ',o l<Ez a t", EN V -5r 2- Telephone Number: 77,o Fax Number: S iy, f R5 i?f/n r itlo, E-mail Address: 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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Form Version April 2001 DWQ No. 011407 Fax Number: Page 3 of 3 . III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: X (? AP- 4 ,e„ P 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: S u/4 / n/ Nearest Town: /3,Q SD ?? ?? ' i/ /y?, (' Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): A R on/ 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: gkmgm? 7. Property size (acres): ,,/, /1 e f,, ? 8. Nearest body of water (stream/river/sound/ocean/lake): 9. River Basin: (.vote - 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/maDs/.) Page 4 of 4 10. Describe the purpose of the proposed work: ? aZ4 -t tw VE I,?IA-?/ FiPOM 5 ir2 /'Rope,,±4 11. List the type of equipment to be used to construct the project:. -4,4e K f{-p e f} ?/n 12. Describe the land use in the vicinity of this project: T Q C A(n n Fk S 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 for the exclusion of this work from the current application: IJ iL, C Q a : G n ?} ?? g?K/ L 141t,C 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 5 1. Wetland Impacts *s* Site Number Type of Impact* I Impact 1100-year Floodplain* * (indicate on map) (acres) (yes/no) Distance to Nearest Stream Type of Wetland*** 1,m eaca impact separatety and identity 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: 4 5rn /ALL C'?Q?GK 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) Average Width Perennial or Stream Name** of Stream Intermittent? Before Impact (please specify) f r:? LIST cacu impact separateiy 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 wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com www.mapquest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 6 of 6 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. ;n Water Impact Area of T e of Waterbod Site Number Type of Impact* Impact Name of Waterbody Yp y dicate on map) (acres) (if applicable) (lake, pond, estuary, sound, bay, ocean, etc.) -Aac caws uupma separatery ana iaent* temporary impacts. Impacts include, but are not limited to: 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): E] uplands [] stream [] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Page 7 of 7 s 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/strmgide html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 8 of 8 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NC WRP) with the NC WRP'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/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes EJ No 0 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 (919) 733-5083 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 n No F] 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 ?? Yes [-] No [ If you answered "yes", provide the following information: Page 9 of 9 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. LPMA I Zone* I (Sq1UI feet) I Multiplier I Required I Mitioatinn I I i . :?_ 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242. or .0250. XI. 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. XII. 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 a Is this an after-the-fact permit application? Yes 1-1 No 91, Page 10 of 10 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) orps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Asheville, NC 28801-5006 Burke Cabarrus Gaston Graham Macon M di Rutherford Telephone: (828) 2714854 Caldwell Haywood a son McDowell Stanley Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania a eigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Raleigh NC 27615 Caswell Forsyth Northampton Vance , Telephone: (919) 876-8441 Chatham Davidson Granville Guilford Orange Person Wake Warren Fax: (919) 876-5283 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: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 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: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne *Croatan National Forest Only Page 11 of 11 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 8564520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit Division of Water Quality State Historic Preservation Office 1650 Mail Service Center Wetlands Restoration Program 1619 Mail Service Center Department Of Cultural Resources Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 4617 Mail Service Center Raleigh NC 276994617 Telephone: (919) 733-1786 Fax: (919) 733-9959 Telephone: (919) 733-5208 , Telephone: (919) 733-4763 Fax: (919) 733-5321 Fax: (919) 715-2671 CAMA and NC Coastal Counties Division of Coastal Management 1638 Mail Service Center Beaufort Chowan Hertford Pasquotank Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Bertie Craven Brunswick Currituck Hyde Pender New Hanover Perquimans Fax: (919) 733-1495 Camden Dare Carteret Gat Onslow Tyrrell es Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Kernersville NC 27284-9180 Ashe Mitchell Wilkes , Telephone: (336) 769-9453 Avery Stokes Burke Surry Region Coordinator at Smoky Mtn. Expresswa Buncombe Henderson Ch Polk y le, NC 28786 7 erokee Jackson Cla M Rutherford : (828) 452-2546 y acon Graham Madison Swain Transylvania Fax:(828) 506-1754 Haywood McDowell Yancey Page 1 2 of 12 max, «, ? ? r _ ?. ?• . k Y .? .?? L ??; ,? _ ?= 34. A . N A'IP .? ? ' 2 r ,mod f x yi a '? ? ACt _ .^ t .* _ S:t # R?r ^ Q 't[L _: 3F rF ' ?{'d f J Y. ..x .. .s ?5 i ` J f K .y E . ? _ I 0.706 ACRES ,-- --? - S 88' 51' 13' E _ 36.65' I t I ? I I t .D. SHULER 3 43 PG 383 -? fps M s s ?3 \ L.D. SHULER ` WA W00 -AA S, a : ` NOT TO SC`?iL£ f, ' h 4- v,.. ng Distance W t 7- ,6' 20' E 10.00' ' " S 1 05 E. _18.34' S g 0, 15' W 11.78' ,R,¦ S ,y?? .ctw SWy MDUNTAIN AT GREAT* ,. ?VVE CHTMA LAn FWTAP. G 0 - ? YSON R a y CITY A y - M 1 U? C_ OG u -MA CON'9\C0U,NTY LEGEND 9 ITT EIP = Existing Iron Pipe or Pin IPS = Iron Pipe or Pin Set ELH = Existing Locust Hub LHS = Locust Hub Set MON = Concrete Monument R/W = Right of Way R/R Spike = Railroad Spike FC = Fence Corner MH = Manhole CB = Catch Basin WM = Water Meter PP = Power service Pole N/F = Now or Formerly P/0 = Part of DB = Deed Book PG = Page Fenceline -"q? = Branch/Stream Top of ridge -- a - -- Aerial Power Line 6 41 , .r , '1 r' i 4 r ??• 116 ? ? :??C ? •?? -?} ???r 1 ?.A _? ? ' \ ?? ? ? t?w.? ? ti"', rte' t ? yet}f ? ? rill ,t? ii I?i ? t? n tt \, ? ? fL ttTT s ,- - W r--' ,^ 1 t 1 . ;.\ 7 ? t ? ? C---? } t . ? ?I \ x.r FYI ire, ?-• F? r ? r ?? _ ? ?'t\. .- ail ?j 1J`, l ':If 7 ){ r{ 1' ?.Gt. ? ?1_r ?,'1 t ? i. ??? ? r ?. 1 `? ? r t ,a f ? ?` r I • t c? ?<?? 51 ("i"'J?i? ,c h' r •' 1 r- .-'? r r F?` \ _--J ... , ?', :? 1 /t?r /! ,('tom ?p .,.?.'"Y?I;' i I (F1 i? ?t, `rte/?..., L t r r - r i t \ f `?\ ` ?•.?j ? 4? l ,.p11 ;,it t. ?'r ? (f t h4} ?`--._? 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Q. o' o 1 0 N (D p ° p 3 m o D o CD. < o - CD aNr;?33 c (D (D (D (D o? 3 (o ^` C p (D mo?2: 3 3-. a,mr: 0 N (D lD o N 3 O c 0 CD CD -? _ _m =r c N cD O p c3CD n(D?mso 3 0 ?noCM O to O N 3 O 7 CD 'O' D O (?D 30` 7 N m m D r c D O Z 1 Z 0 3 >?O rD< iD9 z XDm 3 S AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION N", a?, ''j 6 ns't Owner kj-k ?7 .Q Date New Co dot f? i Subd. Lot# Water Sup. House #ebile-hivn 2 W #? Bedrooms Other # Emp Daily flow 3 o Q LTAR Basement Basement plumbing -- i ?\ 1 V .. JJ Repair Addition Existing Tanl Sys. Type Tank Size Sq. Ft. tZ? Trench Lth ? AC No. 0 9 4 . C) U # of Trenches k _ Max depth Environmental Health Specialist „s J VALID ONLY FOR USE-AS DESCRIBED ABOVE. DRAWING NOT TO SCALE. The wastewater system must be installed as shown on this permit and be in compliance with all state wastewater disposal regulations. No changes are to be made without prior health department approval. Permit valid 5 years from w Q m ? G 41 'i A C C 9 ? C u ?. Y a z A?1 0 ? r O 1 C i ?s ?w ?a a r v 7 -t" -? , lqq% a a? /f czo \0 G %auvUlf luf C r William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality CERTIFIED MAIL-RETURN RECEIPT REQUESTED Bobby Waddell 4737 Coker Dr. Flowery Branch, GA 30542 Re: Road crossing construction on Land Creek Road Dear Mr. Roberson, October 2, 2001 Swain County DWQ Project No. 01-1407 On September 17, 2001, the Division of Water Quality (DWQ) received your request for a 401 Water Quality Certification to impact an unspecified length of stream channel in order to construct a road crossing at your property on Land Creek Road. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or protected riparian buffers in accordance with 15A NCAC 2B .0233. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your Authorization Certificate as required by 15A NCAC 2B .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters or protected riparian buffers. Specifically can you; • Please provide a location map so we can locate the site. • Please provide a site plan so we can determine if there will be additional stream impacts after development. • Please report the length of stream to be culverted and report this number on the application form (page 6, Table 2) Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within three weeks of the date of this letter by sending a copy of this information to me and to Mr. Mike Parker, Ashveille Regional Office at (828) 251-6208. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions. cc: Mr. Mike Parker,. NCDWQ Ashveille Regional Office Asheville Field Office Corps of Engineers File Copy Central Files 010066 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) non rooo i?oc a.t?......? non ?o? cono u...,? ?.a....in.n......:.....a..........i.........e.....+..i Sincerely,