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HomeMy WebLinkAbout20020776 Ver 1_COMPLETE FILE_20020520 O G minam ti. Koss jr., oecrerary v ? CO North Carolina Department of Environment and Natural Resources _ > r - -i Gregory J. Thorpe, Ph.D. p .? Acting Director Division of Water Quality May 24, 2002 APPROVAL OF 401 Quality Certification Jackson County DWQ Project #: 02-0776 Frank Blount 1360 Zephyr Mount Park Road State Road, NC 28676-8828 Dear Mr. Blount: You have our approval, in accordance with the attached conditions and those listed below, to impact 80 feet of waters for the purpose of install a culvert on an unnamed tributary of Fowler Creek for a road crossing to provide access to Lot 3 at Allison's Creek Subdivision as you described in your application dated May 20, 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 John Dorney at 919-733-1786 or Mike Parker at our Asheville Regional Office at 828-251-6208. Sincerely, g ry J. Thorpe, Ph. Attachment I cc: Corps of Engineers Asheville Field Office / Asheville DWQ Regional Office File copy Central Files Raleigh Division of Land Resources Craig Gibson, P. O. Box 208, Sapphire, NC 28774 N?EM?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 Art Form Version Febniary 2002 Office Use Only: 020776 USACE Action ID No. DWQ No. ?G 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. FS k all of the approval(s) requested for this project: ection 404 Permit ? ction 10 Permit I' 40l l Water Quality Certification WETLANDS GROUP WAiE ou;aLITY SECTIn?d 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: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: n II. Applicant Information 1. Owner/Applicant Information Name: Frgnk A IoiV: Mailing Address: 13 60 Z K PJ . -99.2- Telephone Number: 33 6 , a "7 7 7 Fax Number: SG m e E-mail Address: Y1 .0 J% et 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: W .,. C v- -,:t G,Igor Company Affiliation': p, 04x c Mailing Address: R o. Q o X Zo S Sg,agh:re _ /VC 2277 Telephone Number: a S So 8- SS q Fax Number: a 6 r6 - 412 0 E-mail Address: Page 5 of 12 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: 4111 Sons' Cr e e-A 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN):_ -7 572/ 0; -;-a 4. Location / County: ?GI G???.Soh Nearest Town: Cs?1 1,ers 3e & G, //Soft Cr Q -e?i Subdivision name (include phase/lot number): +o J Directions to site (include road numbers, landmarks, etc.):_,2 , f IV\ Its off ``k o P ke In4ers*ec,/o1, off- 1.t11:Z tot/ rrhJ kC 1?w1/ lo'7 foA Cos <, .10 A-+- 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.) L 6. Describe the existing land use or condition of the site at the time of this application: 114«n J 7. Property size (acres) .S T' ` 4crtS 8. Nearest body of water (stream/river/sound/ocean/lake): Fot?1er 9. River Basin: A Po a c. , y r (Note - this must be one of orth Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/adniin/maps/.) Page 6 of 12 10. Describe the purpose of the roposed work: /hIS4 (2 {/1/e/ f 017 14 D.P -DuJ Lr Creek v h c e o ?i- . s'n fiver ,- 'vcwK Lc, gcccss 4,o -F lu?+ l 11. List the type of equipment to be used to construct the project: a 4of , !10 Tykc4!T 8oZerk ShN Tr?c?cv. 12. Describe the land use in the vicinity of this project: k( eS, cl en Ji4 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 schedul s. tO_ h e 7O/j ?riytwdty Gihcf SIOI-ruim CrosSiml eX#ST 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. n on e. 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 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, 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 htil)://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 all existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before-Impact Perennial or Intermittent? (please specify) / Cu/vee Z/U P1 .1?? (A 7- OP C i ?. .3 ?vC?+n?a I 2 C?j /V4,- y0 N. U T Of t;pWle,, (p V. ? * 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, 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.mapquest.coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site: So -P+. Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name Water) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) O e * 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 n stream E] wetlands Describe the method of construction (e.g., d 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.): ;/( i}- Size of watershed draining to pond: _ Expected pond surface 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 i pacts. L / M c S c y: rr„?( o cc eSS o c , c,c /? 7 H aS J b T 4-L? A? {it 1P%ocic,Q ar of w..?i ?rrov.. I?Owloe crvsk" aS 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 12 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 maybe 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/ncwetiands/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 she t 'f a 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 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.litm. 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 12 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes F-] No M 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 review current thresholds for environmental documentation. Yes F-] No If yes, has the document review ben finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA fipelf approval letter. Yes F] 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 .02?50/ ( dleman Rules and Water Supply Buffer Requirem , or other (please identify / )? Yes ? - No R;3"' 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 Gone 1 extends out SU feet perpendicular from near bank or channel; Zone 2 extends an additional 20 Feet from the edge of Zone 1. Page 11 of 12 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. /+ 1 .;? acrc im r iou ere S,*lf)tences i CA .S,//hy. ,r anc?S«d'h y .S? w??n4 w; h? H re, 'f6 6revtn'? erosion 'a 17 Gan, 4 t rt,wa-A&r XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project3 or available cap acity of the subject facility. L ihd? .d twsr 1 S G?if"? ltdSa?f?4C t p?rq?h ,`/rS w,?? 6C C]k?? Y-or <i L XIII. Violations (DWQ Only) Is this site in violation of DWQ etland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ?' Is this an after-the-fact permit ap ication? Yes F-1 • No 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). ApplOnt/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 . . . . . . . . . . 1 1- r_, 1 -? I 1 1 I . _ I David Baker US Corp of Engineers Asheville Regulatory Field office 151 Patton Ave. Rm 208 Asheville, N.C. 28801-5006 Mr. Baker: This letter is to authorize Wm Craig Gibwn to act as my Agent in applying for and obtaining 401 Water Quality Certification for my Property on NC Hwy 107 South in Jackson County. The Tax ID # L4.7581024520- Sincerely, 0 Frank Blount "kA i 01 ? _ O O r? V 0 V-I to \ 1 K? --ooa r ryoo ?\ _1 - - 4T 009f to . II e i y ? . r OOeA ?uiTiuno.W -? . l • 009£ cR \ ?_ T„ < 7? <. C' . norf- l -- \ \ I H LWN 'n L i . s 1 l-oozy, 1 k, 8e -'` Q ? ? I v? C.0 w +? w W t ( / ? 1 9 _21 ?E ? ? \ ,? I s??? ? ? ? G /,rte CT• ,o ?' r? V] oo I _ \ :- - 1 0 \ z w z J d ID C'I l OF tj -i4 •K 41 I l WU 08 q -f i I K? w Q: L11 oesr. 1 14 aeon' - \ 1? ul OW _ - l ors. O LL I \ Aco V _ \ 2 j In J LLJ • er. 7 I .c , % 00 m 1• ,. 00 h ? ro o °° ci 0 E/P O PARCEL 2 0r v? w- 18 170,?00' E./. P. I 7 p• g O 1 £./.P. N e ?,115? ^ ado WESTERN EDGE NAIL OF PAVEMENT SET THE LINE N 30'58' W 162.95' N 33•a6. W CHATTOOGA DEV. CORP. D.B. 692, PG. 199 AND D.B. 703, PG. 124 NA /L SET N 40.17' W 54.75' ? N 43.33' W 53.40' ' E R 5 , G P 5 N 1 , , ` ?o VICINITY MAP (NTS) / SI TE ti 4-D - , I?TWIN CULVERT! W-5 n z rri W-4 0 I rPOIND ..• - f? ? ? rn r W ? I i W-2 0 Z y O Z C O 35" MAPLE '/. DILLARD D.B. 222, PG. 501 WILL BOOK C, PG. 312 (0 r SU RVEY ?N'K AND SARA HALL BLOUNT :RS COUNTY: JACKSON STATE: N.C. VLER CREEK, JUST SOUTH OF THE VILLAGE OF CASHIERS N 3 5' 01' 58.09' N 37.34' W 56.52' 0 100' 200' SCALE: _ BEARING SURVEY FOR BIG PINE PARTNERS SYSTEM (SEE PLAT CAB. 3, SLIDE 756) DAT E JULY 7, 1992 MAP No. 92-022-5814 tPlA ?. 758/-o? - ZIS?20 I ?? (3) i N ?YrOW kQad e')• o" E/P, Cl 'P Z O -A R/W 2 1 R/W O O \_ O' • p ti? o C.M.: '= O NAIL Q J SET 0-1 ?.y P1 IN t ? ? CREEK PARCEL 2 000 0. .f./.-. ! (rrl') ti WESTERN EDGE NAIL A.' 00 OF PAVEMENT SEr THE LINE ' w- /8 1 lTl?) %70.00 E. /. P. E o 1 £/P N 7e' pO S W-6 + - - I i O d s 82•°0' W \y°0 73.°x' 0° 1, 00 r-1) C.7 el wocl P c< --RARCEL 4.00 AC. N.I.P. ON LINE (TYPJ N 30.58' W 162.95' \ NA IL SET N 33.46' W - N35.01' 58.09 N 37.34' W, K\ CHATTOOGA DEV. CORP. 56.52' 0.3, 692, PG. 199 AND N 40.17' W D.B. 703, PG. 124 54.75' N 43'33 53.40 s-/qee f SURVEY aNK AND SARA HALL BLOUNT 0 100' 200' SCALE: BEARING SURVEY FOR BIG PINE PARTNERS SYSTEM (SEE PLAT CAB. 3, SLIDE 756) DATE : JULY 7, 1992 :RS COUNTY: JACKSON STATE: N.C. NLER CREEK, JUST SOUTH OF THE VILLAGE OF CASHIERS y Al •A U) BRANCH D ..- tTWIN I CULVERTS W-5 z rn ? W- 4 0 ' F OND v W-3 r I I W-2 O rti Z y O Z C ria r N 80'20' W / 9100' \ 01 .W SE ? '/, DlL LARD 01 all ds??rb? ? ro??? w; lI h e seeftja4l 1 /ICINITY MAP .5?rawe.A / elow %STsA ??.? (N T S) ® $ r 4 -Peaces wr I I e P ?d .b ?/1l C? ?T'v?ES w? ?l 6e r.? h?P? .92' c 18.40' W i4 L ` ao W 19 61.0 ° • 3O0 ??? `????• ' ? 35" MAPLE ' • , D. B. 222, PG. 50/ ' • W/L L BOOK C, PG. 3/2 PA /-k- 7?-?l? oa - 11S?,20 MAP No. ? 92-022-5814