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HomeMy WebLinkAbout20020135 Ver 1_COMPLETE FILE_20020129sR 0 1 0 North Carolina Wildlife Resources Commission 0 Charles R. Fullwood, E,xecutlVC Director MEMORANDUM TO: Tim Smith, Permit Coordinator, Asheville Office U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator, Habitat Conservatib?'i is' r? 1 ar`t f , ? ?E ?' North Carolina Wildlife Resources Commission by J. t?. i_iriv DATE: January 30, 2002 SUBJECT: Review of an Application by Eddie W. Barbee, NWP 14, Unnamed Tributary of Elk Creek, Watauga County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to install a driveway crossing to access his property off Elk Creek Road. Elk Creek is Hatchery Supported water and wild brook trout are found in tributaries in the area. Based on the information provided by the applicant and our information on the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout providing the following conditions are implemented: Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and try stages of trout from off-site sedimentation during construction. 2. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. Temporary or Mailing Address: Division of Inland fisheries • 1721 Mail Service Center • Raleigh, NC 2 7699-1 72 1 Telephone: (919) 733-3633 est. 281 • tax: (919) 715-7643 Eddie W. Barbee 2 January 30, 2002 permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground disturbing activities to provide long-term erosion control. 3. Culverts 48" or larger should be buried approximately 1' into the streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. The installation should be accomplished in a manner that prevents damming or drop outlets on either end of the pipe in order to maintain aquatic life passage. No damming or freefalling waters should occur during low flow conditions. The upstream and downstream stream dimensions should not be modified. Native species should be used for streambank stabilization and shade. 4. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 5. The applicant should contact Jennifer Frye at 336-771-4600 with the Division of Water Quality to determine if a 401 Certification is needed. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Jennifer Frye, DWQ OF WATER p Michael F. Easley \O G Governor Cij r William G. Ross, Jr., Secretary Department of Environment and Natural Resources O Gregory J. Thorpe, Ph.D. Division of Water Quality April 1, 2002 DWQ# 02-0135 Watauga County Eddie Barbee 1540 Dutch Road Mt. Pleasant, NC, 28124 APPROVAL of 401 Water Quality Certification Dear Mr. Barbee: You have our approval, in accordance with the attached conditions, to place fill in 30 linear feet of perennial streams in order to construct a road crossing on your property in Watauga County, as you described in your application received by the Division of Water Quality on January 29, 2002, and in additional correspondence received February 28, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at http://h2o.enr:state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. 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 project, 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 complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in our Central Office at 919-733-9721. Sincerely, J?l J. Thor Ph.D Attachments cc: Corps of Engineers Asheville Regulatory Field Office Raleigh DWQ Regional Office Central Files File Copy 020135 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state nc.usrcwetlands/ Prc-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 mil/wetlands/regtour htm, or contact one of the field offices listed on page 3 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 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 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 page 4 of this application). Page 1 of I 1 A Office Use Only: Form Version October 2001 USACE Action Ill 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 project: 21?ection 404 Permit ? Section 10 Permit ['401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: U 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: , , 1 Cd ?+r^ &.c Mailing Address: I5r fp D"4Cmk Y M? ?lr.?a?c ? nt.C. ?g ? ?.•? Telephone Number: 76 q- 3 (.-.' W> 25 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: E-mail Address: Fax Number: Page 5 of 5 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: 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County:_ ? " Nearest Town: P bo rl e- Subdivision name (include phase/lot number): 5 6. Describe the existing land use or condition of the site at the time of this application: f! ,Zr .7. Property size (acres):- /. 66 *. 8. Nearest body of water (stream/river/sound/ocean/lake): E4 Cl e e k 9. River Basin: (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/admiidmaps/.) Page 6 of 6 Site coordinates, if available (UTM or Lat/Lorig): (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.) 10. Describe the purpose of the proposed work: 4Eiv 40400- 4?te e- 11. List the type of equipment to be used to construct the project: 7t2! tA, #y- 12. Describe the land use in the vicinity of this project: A"Ir- IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. _ project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 Wetland Impacts r Wetland Impact Site Number (indicate on ma p) Type of Impact* ;Area of pact res) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) -- Type of Wetland**•k - ._ ,.? * List each impact se parately and identify temporary im pacts. Impacts include. but are not limiters t, , .i,,.,,.,o, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodingy1?Q1111Kt graumg, nu, ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at -http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact L h Site Number (indicate on map) Type of Impact* engt of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? ( l p p ease specify) * List each impact separately and identify temporary impa cts Im act I d p s me u e, but are not limped 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.mapgtiest.coni, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 8 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 p (acres) Name of Waterbody (if applicable) Type of Waterbod Y (lake, pond, estuary, sound, bay, ocean, etc.) *--List each imnnot -..,.--Y ....t,,...?. -"V"" utctuae, nut 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 0 stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. 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. Page 9 of 9 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-tis/newetiands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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 NC WRP. Please note that payment into the NC WRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index,litni. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 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 V If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes [] No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Yes 0 No [] If you answered "yes", provide the fol owing information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If ibuffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact Required (square feet) Multiplier Mitigation 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 1 of 1 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 213 .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. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes J`am' No n Is this an after-the-fact permit application? Yes X No n XIV. Other Circumstances (Optional)- It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). `, , 21) , D Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ? FEe2e? 14- -f--f . "??? WC4 /?s /v o :1" erc y4k arm s i-e 1-5, .-FI& Cr{eA- r? P VAN ?, ji Q $ 9to-4d r . Ile YyLe- .4 1,c rte qtr wt f4$# t?. oI 46 ?fi J I I ?' Y ! / ' i?'K i 1 V ,;, E.:?..a•..?.?- ?.?, ,6?...? ..?...? ,off-A'.,..Q,?. I, C?St?Y?J? . Y 40 .gyp ?,.?,?.?.. ,,,,- :: ,• Vii, L ct, P o vz- . ? n R u 41 I 1({ (( ? Existing 5/8" Reber ds Overlap 0.114 acre Ana Mod ec B04 of ?CQ - a t pa" j N30016'300W 13.38' J N44.34'45"W 30.321 /159-27'551W 19.42' ` 580.21'!0"W 24.58'---? Boundary rums with N63.37'45"W 23,61' the Ce er 11 r); 0 N59.42'55"W 26.15t of bra rxh N29 46 40 W 21.5111 N17.1170"W l!s.60'-- N29006'40'W ?7.19'-- Overlap Total a Ge ne va N. Ma yes 8ook of Records 444 a t page 700 N48"47'55"W Existing Ra'ilr?oadd Existing Railroad Spike N43.06'25"W 37.62'- 50 ry,-'ruray the center firm N10032140"W 26.40' _ bra rich N14009'45"W 16.16' Sf G Q? . W ? $? ? Exlstlrx Reber Hiatus 0.065 acre_____ - ?/?" Reber 5ct 1 577.36'45"W ??,,,. • 34.x3' oad ^." Nm 42'15"W,' 21.06' N79'40'30"W 13.29' CI :..-A T - - 1 t v = p ?! h t. r. Existirx? 5/8" Rebdr N Ow ? ? c? rs ? 5/8" Rebdr Set Overlap 0.114 acre N30016'30"W 13.36' 15,E N44.34'45 "W 30.32' y N59"27'55"W 19.42' 560°21'10W 24.56'---?7 N63.37'45"W 2191' N59.42'S5" . g' 3"47'55"W 34.16' N29'46'40"W 21.51' N17•11'10"W 15.80'---~'' N29906'40"W 27.19' Geneva N. Hayes Book of Records 444 a t page 700 I Wilma Hod,,?e? book 0 X at page c 367.82' indary ru? wi center If o f nch Overla i .005 cre L616 ., 17 i Total a N43 °06'25"W 37.82' Sou r y, ,) ru nas Nlo•32140"w 26.40' the center Ifrm rd nch N14009'45"w 18.18' L`xl3flrx ? ? Rebdr Nia f u5? %06 5 acre 5i8" Rebar Set 711 577"36'45" ?,.. W N ExiStir? 3 Railroad 5p;ke ? _ .? Elk Road Railroad 21.06' N79'40'30"W Spike 1129' a:. m T .- Wetland Impacts Wetland lntpact 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*** I # 7 L . L ISL cac,l uuyact separauay and iucm.uy temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact ;(npleasespecify) 1 -it-ri b a .rte -b lk Cr«K. * List e t t l ac i mipac separate y and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, darns (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.inapgtiest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 8 Y FEB PLO i s ?- rJ6 //x `?i erg ? fps' b t? ? Grua S /YLI 1. Wetland Impacts li', n.? 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*** I -- l Oa IA uMy,aCL acha,atc,y auu ,ucnury temporary impacts. impacts include, out are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For darns, 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 littp://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 ;(;Intermi %specify) C!N N* -{rib L?tq "- .Z FF -b Lk ?«k "' Iiste h' I ac impact separate y 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.mapquestcom, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 8 1 ti'ebdr book o NCO, at page Overlap 0.114 acre \ 5/8" Rehdr _ N30°16'30"W 13.36' -?'"' 1?}?, 7.82' N44934'451W 30.32' N59027'55"W 19.42' 58092170"W 24.58' - uWary ru\, wi N63.37'45"w 23.61'- he center l o N59042'55"W 2 a nch 47'55"W 34.18'- N29046'40"W 21.51' - N17°11'10"W Qver1a ?. 14 Total e N29906'40"W 27.19' Geneva N. Ha yes 800k of Records 444 a t page 700 N43 °06'25"W 37.62' N10°32'40"W 26.40' 1 N14009'45"W 19,16' ram W?Hiatus 0.065 acre' 50un,, ary;'runs the enter lirm Exiatirx Rebdr I 5/6" Rebar Set ? . 15,00' .... .................... 5 F.Xi51ir1y Q? gyp, ?, ,,•?"' '?T W Railroad Spike. ?...-•-?'"^ elk Roll _XiSri,?? ._ _... _. _ . _ _ N66?'4275"W' fZdillodd 21,06 N79'40'30"W 5f)rk e 1329' n• _« -. Existing Rebdr o?y d N30'16'30"W 13.38' - r l '-• 1? ? at 404, a t P090 :API N44034'45'W 30.32'--, N59.27'55"W 19.42' 580.21'10'W 24.58' -- -? boundary ... ru?? w f th ,N63.37'45'W 23,81' N59.42'55"W 26.15'--? the center If o f bra nch N29046'40"w 21.51, i , N17111170"W 15.80'----- N29.06'40"W 2719' Geneva N. Ha yes 804 of Records 444 \ a t page 700 Overlap G Ate TOM; N43.06'25"W 37.821 --- ? bou radar y-, ru ns the center lirx N1093040"W 2640' bra rxh N14009'45"w 16,18' Bf G W? gy , N p Existinc ?? Rebdr Hiatus 0 085 acre 5/8" Rebdr .4 Set { 1 Existing "r Railroad Spike elk Roo Existing ??._._ ....... ...... N68.4P'15•W Railroad 21.06' N79.40'30"W Spike 13.29, a ' --A T '00. N48047'55"W 34.18'-, Overl4 fi 0.114 acre o? OC ? ? a. y c '? ? ` U O ? ?T c ? O ?.. rte. ?, ' ? • Y of CL- 9<0-4d bell D?.. -t> Tla? 2-00 ,(ems JG.-- I ?"? 2 rao cl-aC4 P.4?4 4o 44 ?trWuxx,? ?- (GY%? JAN 2 91002 WAT, 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 USAGE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field offices listed on page 3 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 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 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 page 4 of this application). Page 1 of 1 .. R Office Use Only: Form Version October 2001 USACE Action Ill 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. II. Processing 1. Check all of the approval(s) requested for this project: [?ection 404 Permit n Section 10 Permit []'401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: y 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: [] 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: Applicant Information 1. Owner/Applicant Information Name: . r- W Mailing Address: Telephone Number: 7e 4- 3 L-a. Lp Z> 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: E-mail Address: Fax Number: Page 5 of 5 III. Project Information P 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: 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: R' R -- W -? Nearest Town: Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.;pop.. &0, .r- eft l L 5. Site coordinates,, if available (UTM or Ldt/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: 7. Property size (acres): (. 6 6 ,*. 8. Nearest body of water (stream/river/sound/ocean/lake): Eft C le e- e 9. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htil)://h2o.eiir.state.iic.us/admiii/n-iaps/.) Page 6 of'6 10. Describe the purpose of the proposed work: Ew 1Ar4a&. ?7G 11. List the type of equipment to be used to construct the project:_ 7t21rAA# 12. Describe the land use in the vicinity of this project: IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 1. Wetland Impacts ..'uauu IliiYact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain* * Nearest Stream (indicate on map) (acres) (yes/no) (linear feet) ** "Type of Welland* * * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding. 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at.http://www.fema.gov. List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Site Number I Type of Impact* I Impact dicate on map) (linear fet -. ll iuiNttu 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, eta 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 ito manic, 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 usas goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone com, www_m-LPaLtiest.coni, etc.). _.._ Cumulative impacts (linear distance in feet) to all streams on site: ream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) Page 8 of 8 Y 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 Waterbod y (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact se parately and identify tempora ry impacts Im acts ' 1 d flooding, drainage, bulkheads, etc. Out p me u e, ut are not limited to, fill, excavation, dredging, . 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): [] uplands [] stream [] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) 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. 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. Page 9 of 9 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.ne.tis/ncwetlaiids/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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 NC WRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hup://h2o.enr.state.nc.us/wrD/itidex.litm. If use of the NC WRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres):_ Y Page 10 01' 10