20010895 Ver 1_COMPLETE FILE_20010613

W A TF Michael F. Easley, Governor
Q 9 William G. Ross Jr., Secretary
`Ot QG ) North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
February 28, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Jimmy Loftis
P.O. Box 2448
Marion, NC 28752
Re: DWQ 010895
US Highway 70 East of Marion
McDowell County
Attn: Mr. Loftis: -
On March 15, 2000, the Division of Water Quality wrote to you concerning your plans to fill an unreported amount
of acres of wetlands and/or 240 linear feet of streams regarding development in McDowell County. This letter informed
you that the project was incomplete and was being placed on hold until the additional information outlined in the letter was
supplied. To date, we have not received this additional information. Unless we hear from you in writing within 3 weeks of
the receipt of this letter, we will consider that you no longer want to pursue this project and we will retire the file and
consider the application as withdrawn. Please be aware that reapplication for this project will require a Certification fee
and new applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
07/1'2/2001 05:26 4 PAGE 01
N. C. DEPARTMENT OF ENVIRONMENT AND
y}L.a R>.A aiL.La L1
y w ;, LMrTATE't NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
?r - 59 WOODFIN PLACE
F, Q'?^ASHEVILLE, NORTH CAROLINA 28801
PHONE: [phone] FAX: [phone]

FAX #:
FROM : ,C r?s' %z y / TAD Sr
DATE :
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If gj!estions, lease call 828/251-6208.
Al 02

07/'1212601 08:26
State of North Carolina
Department of Environlinenit
and Natural Resources
Asheville Regional Office
Michael F- Faslev, Governor
William (.. Ross, Jr., tiecretary
Kerr T. Stevens, Director
Divisiacc al' Wu(cr Quality
(A #J
WATER QUALITY SECTION
July 10, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jimmy Loftis
Post Office Box 244$
Marion, North Carolina 28752
PAGE 02
NCE)ENR
NORT" CAROI.IMA DFF-ARTMen i Q1
F-NVIRONMENT AND NATVRAL
Subject: Review of 401 Certification Application
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
I want to thank you for responding to the information requested on Miry 31, 2001, The 401
application you have submitted for the work proposed and already cord leted on your site, at US
Highway 10 East of Marion, has been reviewed. Based on this review additional information will
be needed before a determination can be made on the 401 Water Quality Certification, the
following is a list of items needed:
StorrnwatPr. A formal stormwater plan should be submitted for approval. Please refer to the.
atta7 hed document "STORMWATER BEST MANAGEMENT PRACTICES" for stormwater plan
requirements.
Mitigation. The Division of Water Quality requires mitigation for stream losses exceeding 150
feet. Because your project exceeds this criteria you are required to submit a formal mitigation
plan for approval. Mitigation means that you will need to replace the loss of stream due to the
piping you instalied in the unnamed tributary to the Catawba River. You can accomplish the
mitigation by finding a section of degraded stream equal to the length of stream piped and
repairing that stream into a stable properly functioning water body or you may be able to pay
into the N. G. Wetlands Restoration Program at $125.00/foot. Please refer to the attached
document "Internal Technical Guide for Stream Work in North Carolina" for mitigation plan
requirements. Also, included is a brochure from the Wetlands Restoration Program.
91) Wondtin I'lace, Asheville North Carolina 28801 Telephone [phone] FAX 828-251-"52
An Equal Oplwrtunity Affirmitive Action Employer 50v/9 recycledi10% post-consumer paper

Mr. Jimmy Loftis
July 10, 2001
Page Two
Your application is being placed on hold for our processing due to incomplete information.
This information is needed by the Division of Water Quality in order for us to decide whether this
project is approvable. By copy of this letter we are advising the Corps of Engineers of your project
status. Your processing time will begin once we receive a complete application.
Since you have already installed this pipe you remain in violation of 15A NCAC 211 .0500
and failure to mitigate for this stream loss or removal of the pipe to 150 feet will result in this office
recommending enforcement action against you.
The following is the address to which you should submit these materials;
uivision of Water Quality
401/Wetlands Unit
165() Mail Service Center
Raleigh, North Carolina 27699-1650
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
L ry Frost
Environmental Technician
Enclosure
xe:' Mike Parker
Steve Chapin - USCOE
Dave Penrose/Todd St. John
59 Woodfin Plaice, Ashcville North Casrulina 28801 Telephone [phone] tAX 82$-351 (1452
.. „, .. ran ooi nmf-cnusumer nioer
60 3!DVd b 9Z:80 T00Z/ZT/!0
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: _Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jimmy Loftis County McDowell
Project Number 01 0895 County2
Recvd From APP Region Asheville
Received Date 6113101 Recvd By Region
Project Type
Certificates Stream Stream Impacts (ft.)
Class _
Permit Wetland Wetland Wetland Stream Acres Feet - - ,
Type Type Impact Score Index Prim. Supp. Basin - Req. Req.L'1t
39 Stream O YO N F- 11-(32) FC F? F35,835- F- 240.00 240.00 I -
Mitigation Wetland r,,,,
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N
Is Mitigation required? OQ Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
On_Hold _Letter_Sent 7/10/2001 requesting stormwater plan and mitigation plan,
cc: Regional Office
Central Office Page Number 1
101 reviews
Subject: 401 reviews
Date: Thu, 05 Jul 2001 15:37:15 -0400
From: Megan Owen <[e-mail]>
Organization: NC DENR, DWQ
To: Cyndi Karoly <[e-mail]>, John Dorney <[e-mail]>
Cyndi and John:
The following are my comments on 401 reviews.
Applications with comments:
010869 (DOT, Avery County) - the project is in WS-IV Tr. The culvert is a part of a public road crossing
and therefore allowed, but DOT must show no practicable alternative, as well as, show that they have
minimized BUA, diverted stormwater away from surface waters, and will use their BMPs guidelines
document. DOT must also comply with the local WSWP ordinance - this is something new-ish, DOT
must comply with the ord. but the local government does not have enforcement authority (that is vested
solely in the EMC).
010882 (Michael Horton, Chatham Co.) - Brooks Creek is WS-IV. A private road is not allowed in the
buffer, even if it is turned over to DOT later on. Horton should either redesign and/or investigate the local
variance process. The local contact for Pittsboro is Mr. Hugh Montgomery.
010895 (Jimmy Loftis, McDowell Co.) - in the materials that were submitted to me there was contradictory
information on the location of the project and no topo map included. Using my best judgement, I think the
project is outside any WS watersheds, but dangerously close. Further location verification needed.
Applications with NO comments/not in WS:
010893 (DOT, Haywood Co.)
010883 (Price Residence Project, Brunswick Co.)
010880 (DOT, Haywood & Buncombe Cos.)
010873 (DOT, Yancey Co.)
010846 (Long Creek Village, Forsyth Co.)
010855 (Castle Hayne Substation, New Hanover Co.)
010894 (River View Subdivision, Gaston Co.)
Megan Owen <[e-mail]>
Environmental Planner
North Carolina Department of Environment & Natural Resources
Division of Water Quality
of 1 7/5/013:50 PM
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
0 1
?
••
CDENR.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
May 31, 2001
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
010895
Subject: Notice of Violation - Follow-up"
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
1 want to thank you for responding to the information requested on April 17, 2001. However,
before further action can be taken on your certification request more information is required.
Please see the attached page 1 of 12 and 2 of 12 of the Pre-Construction Notification (PCN)
Application Form. On page 2 of 12 you must submit all of the information required in the section
401 Wnter Quality Certification or Buffer Rules, including seven copies, all USACE Permit
material and a check for $475. A completed package should be submitted to the Central Office in
Raleigh.
The following is the address to which you should submit the materials;
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
If you have any questions regarding this matter please contact me at [phone].
Sincerely, --ra
r-T1 --,
n
Larry F st rn z
Environmental Technician ° --1
Enclosure
xc: Wetlands Unit
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
v)_
Office Use Only: O Form Version April 2001 10895
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 oi
ct:
Section 404 Permit- vZ ,been &erf-;?eo - See enc`n lure
[x'401 Water Quality Certification
M Riparian or Watershed Buffer. Rules
2. Nationwide, Regional or General Permit Number(s) Requested: l(,?i r ? eFK,::,P,,
-,?f 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 (N) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name. .V ry 44
Mailing Address: , At
Telephone Number: o?' 3a Fax Number: -?
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: Fax Number:
E-mail Address:
Page 3 of 12
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 az rolvided.
is
1. Name of project: ? /? O 2C
O wZ L C54 ZTF A w 1/
2. T.I.P. Project Number (NCDOT Only):
/fro well Cowx
3. Property Identification Number (Tax PIN): AcCou.n'l
4. Location
County: C i
_ ??OLJell
Nearest Town: lee /7 N . •
Subdivision name (include phase/lot number); ,1e i ?e ,
Directions to site (include r ad numbers, landmarks, et .: *-,
W D r?Je ro ?.,? c?!+S
5. Site coordinates, if available (UTM or Lat/Long):SKrye K Ake t4H ed
(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. Desc ribe the existinj land use or condition of the site at the time of this application:
u u 25 '7-6 1 aad aYe/ Aig Lc ?f .1 fly c w b y r- ?e w.Jy Wkaf r-k,As „o ,
7. Property size (acres):_ 1, yZ? - A.0-1 p,a1pc 74
z
8. Nearest body of water (stream/river/sound/ocean/lake): ,P ?,?t lltnrlRM?, /rcc?
9. River Basin: ??ywb--r Alel- /s cdere
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at h"://li2o.enr.state.nc.us/admin/mal)s/.)
CA-
J
Page 4 of 12
10. De cribe t e purpose of the proposed work: ?. eansbt C4 /X in i -.ST10
11. List the type of equipment to be used to construct the project: Cu 111er4 A2i.,?e
12. Describe the land use in the vicinity of this project: ,&i -iyeu /:V -/,-o
Snr?//
.4 1. - Jo
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 slate, 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
ules.
i/ed / See
V. Future Project Plans
Are any additional permit requests ariticipated for this project in the future?
anticipated work, and provide justification for the exclusion of this wor
)
application: !!&/ r-r s ?7L /ezf asy , eabey;M
VI. Proposed Impacts to Waters of the United States/Waters of the State

If so, describe the
,from the current
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 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 se parately and.identify temporary im pacts. 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. y y
** 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 httT)://www.fema.,f4ov.
*** 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)
S, ve 0' GL
oH?-i iclu
_ -U," 3 rrzi' 00?PQ oUijn

LJbL taco unpaci separdiery ana iaennry 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 internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mal)quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
3. 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)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake on es
bay, ocean, etc.)
17/ 4-P 4-t e e "04
r?u? acs n S h,
Qt r©x

last each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation Oro 09nd In ??&A5)
If construction of a pond is proposed, asso6iated 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): F-1 uplands F-j 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.):
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
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
techniques to be fo owed uri g construction to reduce impacts
ee a ra o ed r0 a p-
u. IVF1?
n ` l-e e_e - G w
D? o C e r' a ?' a-
C 'q rc?
r
Page 7 of 1.2
VIII. ACtigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation maybe 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
htt-p://h2o.enr.state.nc.us/ncwetlands/stnnaide.htnl.
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
Page 8 of 12
T
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 htto://h2o.enr.state.nc.us/wrp/index.htTn. 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):1D? eX?? 4e-? o? Cu 1 ?et4
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)
Zw" Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes F-1 No El
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 n
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 0
M 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 X If you answered "yes", provide the following information:
Page 9 of 12
T
fi
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 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends a
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'
estoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .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 fr9m th property.
tf4,1 t,eY- G !11 DLO +? ,a i P i'Ag [_ 41,044 V8r- hA AL `f 0 r
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or. discharge) of
was/teewater genyerrj ted fro the proposed project, or available capa ity of the subject facility.
_- r ' C.-, i // A o //A
!
MH. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes r_J No n
Is this an after-the-fact permit application?
Yes F] No F]
Zo Impact
feet
(square ) Multiplier Required
Mitigation
1 ?
2 1.5
Total
P-lap In of 17
i

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 Spies, acc?sibility?problems, 9r other issues outside of the applicant's rpontrol). j
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell 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 Cabarrus 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
Pace 11 of 12
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
F

US Fh
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
,h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes .
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
Page 12 of 12
a
l
Action Id. 200031262
county McDowell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. Jimmy Loftis
Address: P.O. Box 2448
Marion, NC 28752
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Hwy 70 West across from SR 1430; west of Marion
Description of Activity:
Install an approx. 80 LF culvert in an unnamed tributary to the Catawba River for the
purpose of improving access to the property and property aesthetics.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 39 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions, those conditions outlined in the enclosed
NCWRC letter, and your submitted plans. For any activity within the twenty coastal counties, before
beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve. the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date October 5, 2000
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification October 5, 2002
CESAW Form 591
Revised July 1995
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U.S. ARMY CORPS OF ENGINEERS
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State of North Carolina
I1,v?partment of Environment
sand 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 31, 2001
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
1 "FA
4 • •
.NCDENR.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
0 1 0895
Subject: Notice of violation - Follow-up
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
I want to thank you for responding to the information requested on April 17, 2001. However,
before further action can be taken on your certification request more information is required.
Please see the attached page 1 of 12 and 2 of 12 of the Pre-Construction Notification (PCN)
Application Form. On page 2 of 12 you must submit all of the information required in the section
401 Water Quality Certification or Buffer Rules, including seven copies, all USACE Permit
m''? ate ial„and a check for $475. A completed package should be submitted to the Central Office in
Raleigh.
The following is the address to which you should submit the materials;
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
M ?
Larry F st
rnE:
Environmental Technician rn
Enclosure o
xc: Wetlands Unit
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
v?_

Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 010 8 9 5
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. Check all of the approval(s) requested for this of ct:
Section 404 Permit- vR- ,6eef1 em4ol .tm
ection
401 Water Quality Certification
Riparian or Watershed Buffer. Rules
2. Nationwide, Regional or General Permit Number(s) Requested: "40- "1 ? E??TiT% )??oI
1-2i-f this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: F]
4. If payment into the North Carolina Wetlands Restoration Program (NC)RP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant Information
1. Owner/Applicant Information
Name.... t fv? M ;S-
Mailing Address:__ , 490,Y
Telephone Number: Uff O' - 3a 1 -3 Fax Number: -?
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: Fax Number:
E-mail Address:
Page 3 of 12
F
M. Project Information
4.
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 ma s ar rotvic?a
ior!
1. Name of project: ;5 /? O ; e-
a -464,L -r A W- YA-ATvlr&
2. T.I.P. Project Number (NCDOT Only):
/qG,jpwe!l Cau 751 X Co r-
3. Property Identification Number (Tax PIN): Arcoun ?- / X39
Location C
County:'= bow e
Subdivision name (include phase/lot number
Directions to site (include road numbers- lane
At.
5. Site coordinates, if available (UTM or Lat/Long): S&crye y 14
sYA AH ed
(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 existin land use or condition of the s}'te at the
'A V o D o e e/
u U a? ?/e
A 12o 14
a t- .& .1 o-?e way rscrs
7. Property size (acres):
.19
8. Nearest body of water (stream/river/sound/ocean/lake):,.!a
time of this
v -
- !?o-? ,braiPe?
Ile./
._J• ---
9. River Basin: _??7"?wb? a ere _57/11_Y . I-uns 7?a
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h?o.enr.state.ne.us/admin/mgps/.)
Page 4 of 12
10. De cribe t e purpose of the proposed work:_ _ 75. COQ -5-? k C4 /X /n i -,STo ruc ,
IV.
11. List the type of equipment to be used to construct the
2iA? - Auhl ozers -- urn 72--y
12. Describe the land use in the vicinity of this project:_,
Prior Project History
ect:
f s.H
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. , /
1/4
J
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
4
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***

* L' h '
Est eac impact separately and ucini y 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 floodpWn 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)
?, ve 0' x '
0?1
7abc O r lA
? Cttl /1?

Last each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.iZov. Several internet 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 12
4
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
on ina ( p)
Type of Impact* Area of
Impact
(acres)
(if Name ap p Wplicabblele) at) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

S N.
6man
Q# rOx

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
I i 1
Pond Creation C/fo On
d /r1 ??G? H S'/
If construction of a pond is proposed, asso6iated 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): F? uplands Fj stream E] wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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
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 Ni inimization)
techniques to be fo owed uri g construction to r duce impacts
ee a ro v e ro & r-
IVFR
dIH a e r ' ?' ? , /
P_ r- roams a
'I'J C .z
Page 7 of 12

VIII. ACtigation
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"://h2o.enr.state.nc-us/newetlands/stnngide.html.
Provide a brief description of the proposed mit igation 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
Page 8 of 12

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 httD://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): fD /-u 44 e? Cu l?et4
Amount of buffer mitigation requested (square feet): M I tuge
Amount of Riparian wetland mitigation requested (acres): P
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 R 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 F] No
M 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 El No JX If you answered "yes", provide the following information:
Page 9 of 12

W
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 I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
«<!!! additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
M. Stormwater (DWQ Only)
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or, discharge) of
wastewater gener ted fro the proposed project, or available capaaiity of the subject facility.
0 W? lrJc? ?/^- w . // A P /liJ ?N/s : N //? rf?v?,y,c

XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes F] No D
Is this an after-the-fact permit application?
Yes F1 No

Zo Im act
(square feet)
Multiplier
Mitigati?
1
2 1.5
Total
Paaa 1 n of 17
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
r
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 Sp ecies, =5c sibility/probl ems, 9r 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.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell 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 Cabarrus 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 Dupa 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

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 Conservatio4 Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality
401 Wetlands Unit Wetlands Restoration Program
1650 Mail Service Center 1619 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-16I9
Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone]
LAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Tr out Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes .
Telephone: [phone] Burke Sun-y
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
r
Action Id. 200031262
County McDowell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. Jimmy Loftis
Address: P.O. Box 2448
Marion, NC 28752
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Hwy 70 West across from SR 1430; west of Marion
Description of Activity:
Install an approx. 80 LF culvert in an unnamed tributary to the Catawba River for the
purpose of improving access to the property and property aesthetics.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 39 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions, those conditions outlined in the enclosed
NCWRC letter, and your submitted plans. For any activity within the twenty coastal counties, before
beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve. the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date October 5, 2000
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification October 5, 2002
CESAW Form 591
Revised July 1995
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

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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
?f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
May 31, 2001
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
010895
Subject: Notice of Violation = Follow-up
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
I want to thank you for responding to the information requested on April 17, 2001. However,
before further action can be taken on your certification request more information is required.
Please see the attached page 1 of 12 and 2 of 12 of the Pre-Construction Notification (PCN)
Application Form. On page 2 of 12 you must submit all of the information required in the section
401 Water_ Quality Certification or Buffer Rules, including seven copies, all USACE Permit
material and a check for $475. A completed package should be submitted to the Central Office in
Raleigh.
The following is the address to which you should submit the materials;
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
Larry F st
Environmental Technician
Enclosure
xc: Wetlands Unit
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post-consumer paper
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
June 1, 2001
Mr. Ken McFayden, Assistant County Manager
McDowell County
60 East Court Street
Marion, North Carolina 28752
Subject: Catawba River Park - Greenlee Road
401 Certification
McDowell County
Dear Mr. McFayden:
am very pleased to hear that this project is in the works, still. Attached is the
Pre-Construction Notification (PCN) Application Form. Please read the instructions
.carefully. and provide the information requested.
If you have any questions, you may contact me at [phone].
Sincerely,
Larry Frost
Environmental Technician
Enclosure
xc: Wetlands Unit
Water Quality Section, 59 Woodfin Place, Asheville, NC 28801-2414 Telephone: [phone]
Fax: [phone]
AA
INCDEt
Customer Service
1 800 623-7748
j VO Sit earn ]Evaluation Form
Project Name` McL.c.Rtu 012- IF-s-T-
DWQ Project Number: 0 1 0 10 7 I
Date: 61-Ti / /
1 Primarv Field Indicators: (Circle One r
2) Is The Streambed Substrate Present
t River Basin (27-3 County: 0,+(- 13 Evaluator:
Nearest Named Stream L ow£E CkLatitude: 3 S s N / S Signature:
USGS QUAD: Le n o t,z ve- Longitude: gl 31 /O
G}?
Location/Directions: L15 3 Z 1 L e r1 e, i /L
'umber Per Line)
Absent Weakly Present Somewhat Present Moderately Present StronglyPp=gnt Prey
7) Are Multiple Thread Channel Present?
11) Groundwater Flow/Discharge Present? (e.g.,
16) 2nd Order Or Greater Stream (As Indicated'`-' ?I ca 2 - /0
?RMARY INDICATOR
II. Secondary Field Indicators: (Circle One Number Per Line)
Abs nt Weakly Present Somewhat Present Moderately Present Strongly Present Prevalen
3) Are Turtles Present? 0 1 2 3 4 5
4) Are Crayfish Present? 0 1 2 3 4 5
12) Organic Layer In Streambed Present?
(*Coastal Plain Only*) 0 1 2 3 4 5
13) Are Contour Lines Indicative
Of A Natural Channel? 0 1 2 3 r4 / 5
14) Are Non-Sediment Stained Sticks, Twigs, Or Branches
In Streambed (And Not Associated With
Anv Nearbv Wrack Lines resent? 0 1 2? 4 5
15) Is This Year's (Or Last's) Leaflitter
16) Wetland Plants In Streambed? (*Note: If Total- Mostly-OBL Ao-stly FACW Mostly FAC Mostly FACU Mostly UP]
11) Hydric Soils Present Within +/- 100' Of Streambank? 13 / L S'
t?)
(*If Streambank>6"In Height Then -50% Chance Of Hydric Soils; If Streambank<6" In Height Then -100% Of Hydric Soi Present. Also Consult County Soil Survey
Yes=5 No=O
18), Soils Survey (Within +/- 100' Of Streambed)
Indicative Of FloodPlain Series? Yes=5 No-_0
SECONDARY INDICATOR POINTS:
TOTAL POINTS (Prima" + Secondary) _ ( t ? (If Greater Than 42 Points The Stream Is At Least Intermittent).