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HomeMy WebLinkAbout20011730 Ver 1_COMPLETE FILE_20011126eO?WAT?R?G o `ii, -< Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality January 11, 2002 DWQ# 01-1730 Rutherford County Leonard Jacklett 234 Edwards Street Extension Rutherfordton, NC, 28139 APPROVAL of 401 Water Qualfty Certification Dear Mr. Jacklett: You have our approval, in accordance with the attached conditions, to place fill in 63 linear feet and flood 450 linear feet of Chalk Creek in order to construct a dam and pond (Britten Dam) on your property in Rutherfored County, as described in your application received by the Division of Water Quality on November 26, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be downloaded from our web site at http://h2o.enr. state. nc.us . This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or kxxl permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non- Diss^targe and Water Supply Watershed regulations. You should send an application to the Division of Land Resources for their review of your project under dam safety rules as well as erosion and sediment control. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your prc;ecct, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for comWng with all conditions. If total wetand fills for this project (now or in the future) exceed one acre, compensatory mbgation maybe required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the co idii ions fisted in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to C4-zxAer 1506 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 concfrtions 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 Roger Edwards in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in RaL-*h at 919-733-1786. SiMerely, l,,l r q ry J. Thor- pe, Ph.D.,l ! 1 Anacfinerd V cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional Office Central Fies File Copy Jonathan Hollifield, 152 E. Main St, Forest City, NC, 28043 011730 North Carolina Division of Wawr Quardy, 401 Wedands Certification Unit, 1650 Mail Service Center, Pweigh, NC 27699.1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh. NC 27EA4-2260 (Location) -. -loo 4700 i..,.__..? non n corn s-.., ........w.n ....... ........ .... .... i..,.......?.....+..r MEMORANDUM TO: John Dorney Regional Contact: Roger Edwards Non-Discharge Branch WQ Supervisor: Forrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Britten Dam c/o Leonard Jacklett Project Number 01 1730 Recvd From APP Received Date 11/26/01 Recvd By Region 11/26/2001 Project Type dam County Rutherford County2 Region Asheville Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME iP Stream O YO N F__ 9-23-12 F _c TR 30,801. ? 513.00 Mitigation Wetland MitigationType Type Acres Feet r- I F_ Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y QQ N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 35 30 26 Longitude (ddmmss) 82 03 52 Comments: The area of the proposed sed pond has been converted to pasture. All vegetation has been removed down to the edge of the stream. The building _of a pond will not cause additonal stream damage to this segment of the stream, cc: Regional Office Central Office Page Number 1 FILE COPY Date:- / / • 2-q--0-1 _ To: ?RRO Steve Mitchell ?FRO Ken Averitte ?V/aRO Deborah Sawyer ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye ter- RO Mike Parker ?MRO Pete Colwell Triage Check List Project Name ?? ItCrl ?cLVtt c?0 ?P?iVlltiLt? ,{(rtr'?(,t D7,10 Project Plumber- U Ccunty?/t From: Telephone (919) 733- (78? The file attached is being forwarded to you fcr your e:a:.:ation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface eaters on USGW topo maps Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamilco, Catawba; Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concerns ( 1111 Comments j ?.iV lkA? cl ??"t ? h ?? Use ?? Odom &Associates Engineering, Inc. November 21, 2001 Mr. John Dorney Division of Water Quality 2321 Crabtree Boulevard Parkview Building Raleigh, North Carolina 27604 RE: Britten Dam Design Dear Mr. Dorney: 011730 Please find enclosed seven (7) sets of plans and a check for $475.00 for the above- mentioned project for your review. Should you have any questions or comments regarding this matter, please do not hesitate to give me a call. Sincerely, Jonathan F. Hollifield 152 East Main Street 0 Forest City, North Carolina 28043 • (828) 247-4495 • Fax (828) 247-4498 v FILE COPY BRITTEN DAM DESIGN 011730 CHALK CREEK UNION MILLS, NORTH CAROLINA November, 2001 Prepared by: Odom I '? &Associates Engineering, Inc. 152 East Main Street Forest City, North Carolina 28043 \v TABLE OF CONTENTS TABLE OF CONTENTS ........................................................................................................... 2 DAM DESIGN INFORMATION ................................................................................................ 3 Project Description ...................................................................................................... 3 Soils ............................................................................................................................. 3 Overview ..................................................................................................................... 3 50-Year SCS Discharge Hydrograph .......................................................................... 4 50-Year SCS Discharge Routed and Non-Routed Hydrographs ................................ 6 Routed Water Elevation vs. Time, 50-Year Storm ..................................................... 8 Pond Discharge Capability vs. Elevation (Primary Spillway) .................................. 10 Pond Discharge Capability vs. Elevation (Primary & Secondary Spillway)............ 12 Anti-Flotation Calculations ....................................................................................... 14 PCN APPLICATION FORM .................................................................................................. 16 2 DAM DESIGN INFORMATION Project Description The purpose of this project is to construct a small pond in the Union Mills area of Rutherford County, North Carolina. The dam is not of sufficient size nor hazard class to require permitting by the state, but many of the same state criteria (emergency spillway sizing, etc.) were used in the design. The elevations shown on the drawing are based on an assumed datum and do not reflect the true elevation above sea level. Based on the assumed datum, the primary spillway discharges the flow at an elevation of 489.5 feet with a top of dam elevation of 499 feet thus resulting in an effective dam height of 9.5 feet. The top of water elevation will be 498 feet resulting in a total pond area of approximately one and one-tenth (1.1) acres. Assuming the average depth of the pond is equal to 40% of the dam height (i.e., 3.8 feet), the pond size in acre-feet would be 4.2 acre-feet. Regarding the actual design of the dam, the upstream embankment will be a 2:1 slope and the downstream embankment will have a 4:1 slope for ease of maintenance. The emergency spillway is essentially the entire top of the dam (100 feet). The spillway will be concrete lined due to the significant 50-year storm flows it will be required to pass. Soils Soil studies will be performed on-site by the engineer at the time of excavation. Overview The following pages contain calculations necessary to design the primary and emergency spillway for the Britten dam. This information includes a discharge capacity for the primary spillway demonstrating its ability to pass normal creek flows of 0.5 cfs (since this dam does not fall under the dam safety act it was not necessary to size the primary spillway for the 2-year storm) and the SCS Peak Discharge for the 50-year storm for designing the emergency spillway. 50-Year SCS Discharge Hydrograph Hydrograph Plot English Hyd. No. 2 Britten Pond 50-Year SCS Hydrograph type Storm frequency Drainage area Basin Slope Tc method Total precip. Storm duration = SCS Runoff = 50 yrs = 600.00 ac = 4.5% = LAG = 7.50 in = 24 hrs Peak discharge = 477.51 cfs Time interval = 6 min Curve number = 55 Hydraulic length = 5000 ft Time of conc. (Tc) = 106.8 min Distribution = Type II Shape factor = 484 Total Volume = 5,270,999 cult CY 2 - SCS Runoff - 50 Yr - Qp = 477.51 cfs Time (hrs) / Hyd. 2 0 5 10 15 20 25 30 50-Year SCS Discharge Routed and Non-Routed Hydrographs Hydrograph Plot English Hyd. No. 4 Hydrograph type = Reservoir Storm frequency = 50 yrs Inflow hyd. No. = 2 Max. Elevation = 10.35 ft Storage Indication method used 500- 400- 300- CY 200- 100- Peak discharge = 475.27 cfs Time interval = 6 min Reservoir name = Union Mills Pon Max. Storage = 498,226 cult Total Volume = 4,888,311 cuft 4 - Reservoir - 50 Yr - Qp = 475.27 cfs 5 10 15 20 25 30 Time (hrs) 0 0 i II I I / Hyd. 2 / Hyd. 4 Routed Water Elevation vs. Time, 50-Year Storm Note: Top of primary spillway is 496 feet, and top of emergency spillway is 498 feet. Hydrograph Plot English Hyd. No. 4 Hydrograph type = Reservoir Storm frequency = 50 yrs Inflow hyd. No. = 2 Max. Elevation = 10.35 ft Storage Indication method used. 1 w Peak discharge Time interval Reservoir name Max. Storage = 475.27 cfs = 6 min = Union Mills Pon = 498,226 cuft Total Volume= 4,888,311 cult 4 - Reservoir - 50 Yr - Max. El. = 10.35 ft 15 9 g 3 -- - I I 0 0 5 10 15 Time (hrs) 20 25 30 Pond Discharge Capability vs. Elevation (Primary Spillway) 10 Union Mills Pond 15 ? 1( a? rn cn ? 0 0 I i 1 2 3 4 5 6 / Total / Culv A / Culy B / Culv C / Culv D Weir A / Weir B / Weir C / Weir D Discharge (cfs) Pond Discharge Capability vs. Elevation (Primary & Secondary Spillway) 12 Union Mills Pond rn c? 1 1 0 1000 2000 3000 4000 5000 / Total / Culv A / Culv B / Culv C / Culv D Weir A / Weir B / Weir C / Weir D Discharge (cfs) Anti-Flotation Calculations The following information is a calculation to determine the necessary area and weight required to offset the buoyancy force of the standpipe in dam construction. The exact displacement is calculated and then a safety factor is used to determine the final weight and concrete volume required. These calculations are based on the average value of concrete density of 150 pcf. In this scenario, the standpipe diameter is 12 inches with a total length of 8.5 feet. Below is the calculation of the displaced water volume, weight of the water in pounds, and the cubic yards of concrete required to offset this buoyancy force. Displaced Water Volume V = (pi)(r2)(1) _ Weight of Displaced Water W= (V)(density) = Required Volume of Concrete V = (weight)l(density)(27 cf/cy) = (pi][0.5 ft][0.5 ft][8.5 ft] = 6.7 cubic feet X6.7 ct](62.4 pct] = 416.6 pounds [416.6 lbs]4150 pct][27 cf/cy] = 0.1029 cubic yards Now that we have the exact figure to offset the buoyancy force, we can now apply the chosen safety factor of 1.25 to determine the volume of concrete required. V = (initial volume)(safety factor) = [0.1029 cy][1.25] = 0.1286 cubic yards ?0 OF WATER QG Pre-Construction Notification (PCN) Application Form 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/wetlands/Perm 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 USACE website at http://www.saw.usace.army.miUwetiands/reZour.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 I of 1 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/nmfinalFedRep,.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/fees.html. 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: Form Version April 2001 USACE Action ID No. DWQ No.01 1 7 3 0 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 project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Leonard Jacklett Mailing Address: 234 Edwards Street Extension Rutherfordton NC 28139 Telephone Number: (828) 286-1592 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: Odom & Associates Mailing Address: 152 East Main Street Forest City North Carolina 28043 Telephone Number: (828) 247-4495 Fax Number: (828) 247-4498 E-mail Address: 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: Britten Dam 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Rutherford Nearest Town: Union Mills Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): I-40 to highway 221 south. Cross Rutherford County line and turn left on Thermal City Road. Go appx. 1.5 miles and bear left to remain on Thermal City-follow it to end of road. Turn right, site is appx. 2 miles down on the left. 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: Residential 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Chalk Creek 9. River Basin: Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) Page 4 of 4 10. Describe the purpose of the proposed work: Impoundment of a pond for aesthetic reasons 11. List the type of equipment to be used to construct the project: Dozer, front-end loader, compactor 12. Describe the land use in the vicinity of this project: rural/residential 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. N/A 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: N/A 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 Page 5 of 5 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number indicate on ma . Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu, 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 httn://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 ma Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases ecify) 1 Culvert 63 Chalk Creek 4 ft. Perennial 2 Impoundment 450 Chalk Creek 4 ft. Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/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.Qov. 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: 513 Page 6 of 6 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 ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ® stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): dam/embankment Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): aesthetic Size of watershed draining to pond: 600 acres Expected pond surface area: 1.1 acres 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. This area was chosen for aesthetic reasons. No other location could provide the same effect. Page 7 of 7 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/stnngide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A Page 8 of 8 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 hqp://h2o.enr.state.nc.us/wM/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No 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 ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B :0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Page 9 of 9 Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * 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. 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. N/A 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. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 10 of 10 4 XIV. Other Circumstances (Optional): A 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). N/A 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: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 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: (919) 876-8441 Davidson Guilford Person 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 US Army Corps Of Engineers Post Office Box 1890, Wilmington, NC 28402-1890 Telephone: (910) 2514511 Anson Duplin Onslow Bladen Harnett Pender Brunswick Hoke Richmond Carteret Montgomery Robeson Columbus Moore Sampson Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 11 Fax: (910) 2514025 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 8564520 Cumberland New Hanover Scotland h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 larine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 276994617 Telephone: (919) 7334763 Fax: (919) 715-2671 CAMA and NC Coastal Counties 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: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 NC DIVISION OF WATER QUALITY Item to be Paid - Description Licenses & Permits Check Number: 2 0 07 0 Check Date: Nov 21, 2001 20070 Check Amount: $475.00 Discount Taken Amount Paid 475. 00 1 ? ,X1'0/