HomeMy WebLinkAbout20020732 Ver 1_COMPLETE FILE_20020509Ov .• ,+?9 m unaei r. casiey, vovernor
William G. Ross Jr., Secretary
A North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
p -? Acting Director
Division of Water Quality
May 10, 2002
Haywood County
DWQ Project#: 02-0732
APPROVAL of 401 Quality Certification
Julie Hendricks
427 Appletree Court
Waynesville, NC 28786
Dear Ms. Hendricks:
You have our approval, in accordance with the attached conditions and those listed below, to impact 60 feet of waters for the purpose
of a stream crossing to allow access for two residential sites as you described in your application dated May 9, 2002. After reviewing
your application we have decided, this fill is covered by General Water Quality Certification Number 3375. This certification allows
you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If you change
your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the
General Certification. For this approval to be valid, you must follow the conditions listed in the attached
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. 276 1 1-7447. 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 at 919-733-1786 or Mike Parker at our Asheville Regional Office at 828-251-6452.
Sincerely,
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Patrick Bradshaw
Gregory J. Thorpe, Ph.D
N. C. 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.us/ncwetlands
R -tNIOR
To: Division of Water Quality, 1
401 / Wetlands Unit
1650 Mail Service Center
,j
LE Raleigh, NC 27699-1650
RE: Submittal for Julie Hendricks Property
Haywood County, NC Q ('
vF
From: Patrick Bradshaw, PE ` 9 2002
PO Box 1011
Waynesville, NC 28786 wFTUNRC r3a?,r... I
Date: May 3, 2002
Enclosed please find 7 complete copies of the USCOE permit for the project
noted above. In addition, please find a check from the applicant in the amount of
$200.00.
If you need additional information regarding this matter, please do not hesitate to
contact me at 828-452-5850 or 828-507-0108.
020732
FILE CV111'
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. ll u `'' a?L2
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. Che k all of the approval(s) requested for this project: MAY
Section 404 Permit 2002
F Section 10 Permit
n401 Water Quality CertificationtLt? G?®
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: n
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for `
mitigation of impacts (see section VIII - Mitigation), check here: D
II. Applicant Information
1. Owner/Applicant Information
Name: f? d E N V Q CLY-,-
Mailing Address: 4Z? AP B • • C.Uir
Telephone Number: 8Z8 - 4s,6- w06 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: 0/6
Company Affiliation:
Mailing Address:
Telephone Number: N f i? Fax Number:
E-mail Address:
Page 3 of 3
a
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: STWA C?,? tmj
2. T.I.P. Project Number (NCDOT Only): NIA
3. Property Identification Number (Tax PIN): $6o5 5q - O I qq
4. Location
County: 9AVWwD Nearest Town: W%Ar'SVW
Subdivision name (include phase/lot number): MIA
Directions to site (include road numbers, landmarks, etc.):
VS Z3/N F&AA GLVD9 'b 1?tJ4?>j?SYLUI% TA ?% T „Wmwo= CXCC
It :a ?noN. o- Zft OScr Tug Rcr r oa ??46t K:sT WD . 'lawV_ VE ArVI
s:LAt- aoafl le futg LEKr (Wcu 14= 9'An)AdD MCCWb 650 LF 71,1, PR fskj q 0.1 Ls+FT.
5. Site coordinates, if available (UTM or Lat/Long): 3S° Z g' yq ?/ z g3° oo' Sb" V/
(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:
?AS _-W
7. Property size (acres): _ Z . o Ac,Q6S
8. Nearest body of water (stream/river/sound/ocean/lake): RM A 'VO . Y,
9. River Basin: f 'mm { ?*Opo
(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/maps/.)
Page 4 of 4
10. Describe the purpose of the proposed work: ?N??JhL S'(QP
11. List the type of equipment to be used to construct the project:_ -LAtX -14yg a
12. Describe the land use in the vicinity of this project: fle-thAAAAA ? ?,.(C4;J12, , ?Ogr-_
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 5
1. Wetland Impacts
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 a
E
re not limited to: me
E I
chanised clearin8 grad' fl
t
. 8> 1,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodm m
** 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 2t 1-800-358-9616, or
online at httpJ/www.fema.poy.
*** 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:_ 05
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)
1 s (orb t,F Ur- R"LA O U. ,5 PU2 -q
Y- ---1
a LZL caa.u L111FdLL xIRUM ly and ldennry 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.eov. 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: 60 E-F
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 map)
Type of Impact* Area of
Impact
(acres) Name ofWaterbody
(if applicable)
Type ofWaterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
0A
List each impact separately and identity 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): n uplands n 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.
QiaPt C 44,4s 'MM D TQ 0 STA m emn of WA4 E&IMA
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/strrngide.htrnl.
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.
0-01 AGa 014W tMf2t-m 40 LF et= STYP,#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 htm://h2o.enr.state.nc.us/wrD/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): NIA
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes EJ No
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 M No M
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 M No F
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the. DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes R No ? If you answered "yes", provide the following information:
Page 9 of 9
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (squImpct are feet) Multiplier M tig t n
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
MIA
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.
• - - _ ?XCSCGNZ T?-?dZ`nv-L A?Q??? = d .4??5
" P??aST? GM1DFs"?2S /k.>P.F?? c O.Z pcfZas-S
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.
WW- gimm fig C.Or.1 q s
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes F-I No ff
Is this an after-the-fact permit application?
Yes F1 No
Page 10 of 10
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may m
g impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endafigeted::and
Threatened Species, accessibility problems, or other issues outside of the applicant'sconttol).
A
'
gent
s Signa e
'
(Agent
s signature is valid only i f an authorization letter from the applicant is provided.)
y Corps Of Engineers Field Offices and County Covera
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egulatory Field Office
orps of Engineers Alexander
A Cherokee Iredell Mitchell Union'
Avenue
= very
Buncombe Clay
Cleveland Jackson
Lincoln Polk
Row Watauga
C 28801-5006
Burke
Cab
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Macon an
Rutherford Yancey
(828) 271.4@5* -M arrus
Caldwell Graham
Haywood Madison
McDowell Stanley
Swain
71-4858
-22771-48--558- Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office
US Army Corps Of Engineers Alamance Durham Johnston Rockingham Wilson
6509 Falls of the Neuse Road Alleghany
Ashe Edgecombe
Fra
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Suite 120
Raleigh
NC 27615
Caswell n
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Northampton S
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Telephone: (919) 876-8441 Chatham
Davidson Granville
Guilford Orange
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Fax: (919) 876-5283 Davie Halifax rson
Randolph Warren
Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers
Post Office Box 1000 Bertie Dare Lenoir Tyrrell
Washington, NC 27889-1000 Camden
Carteret* Gates
Gr Martin Washington
Telephone: (252) 975-1616
Chowan een
Hertford Pamlico
Pasquotank Wayne
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 2514511 Columbus Moore Sampson
Fax: (910) 2514025 Cumberland New Hanover Scotland
Page 11 of 11
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