20030225 Ver 1_COMPLETE FILE_20030228

® North Carolina Wildlife Resources
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101 ROU
2003
'fi
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Tim Smith, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program Original S3ggii -.:
by J. R. L9nvf j
DATE: February 24, 2003
SUBJECT: Review of 404 Application, Bear Creek Subdivision Pond, Anthony Creek,
Avery 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 impact 0.23 acres of wetlands by excavation and flooding to
build a small entrance pond beside an existing driveway. This will facilitate using the existing
road instead of impacting additional waters. The proposal indicates that 39.3 acres of deed
restrictions will be placed around wetlands and streams within the subdivision. Three bottomless
culverts will be used for road crossings within the subdivision. Brown and rainbow trout
populations are present 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:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15 to
protect the egg and fry stages of trout from off.-site sedimentation during
construction.
2. Deed restrictions and/or conservation easements must be provided that protect
stream and wetland buffers. These documents must maintain natural,
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
Bear Creek Subdivision Pond 2 February 24, 2003
undisturbed minimum twenty-five feet buffers. Additional undisturbed buffers
should be provided where practicable to protect floodplains and provide
stormwater management.
3. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Temporary or permanent herbaceous
vegetation should be planted on all bare soil within 10 days of ground disturbing
activities to provide long-term erosion control.
4. Native plant and shrub species should be used around the pond (excluding the
dam) for stabilization and shade.
5. 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.
We will not recommend a minimum flow release due to an existing lake downstream and
the small size of the proposed pond. However, it may be beneficial to provide a cool water
release and a minimum flow release to avoid riparian rights concerns later.
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.
,Thursday, July 10, 2003 9:15 AM McGill Asscciates 8283283870
?r ti
MCGILL ASSOCIATES, P.A.
P.O. Box 1136
HICKORY, NC 28603
Recipient:
Company:
Fax Number:
Voice Number:
Cyndi Karoly
NCDENR - DWQ
19197336893
Sent By: Andy Lovingood, P.E.
Company:
Fax Number:
Voice Number:
Date: 7110103
Time: 9:15:04 AM
Total No. Pages: 2
Subject: Ref: Bear Creek SID Watauga County
Message:

McGILL ASSOCIATES, P.A.
828-328-3870
828-328-2024
C?
P.01
Thursday, July 10, 2003915 AM McGill Associates 8283283370
lot and undertake any necessary action in order to cure such
owner's default. All expenses and cost incurred by the Developer
or ita successors and assigns or their authorized agents in curing
ouch default shall be charged to the defaulting owner and shall bo
payable by ouch owner to the Developer or its successors and
assigns ima=ediately upon dartand. Developer, its successore and
assigna and their authorized agents shall not be liable for any
damage which may reault from such entry unless such damage results
from the willful misconduct of Developer, its oucceosora or assigns
or their authorized agezto. ?1
ARTICLB II 1
zrsrr.nos-srRSnrs?-?vxROiau?zr?u. ;
It will be a violation of the Corps of Engineers, Division of
Seater Quality and the envirennental Protection Agency for any
person to do any of the following in any wetland, creek or
tributary. You are not permitted to restrict the flow or f
circulation of any stream. tributary or wetland, reduce the reach
of any waters, remove or destroy any vegetation, burn, fill,
drudge, change tie grade or elevation or any Otner aiucnarge or
activity. t
p.UZ
uv bridges will Do permitted other than those that are built \
by the developer for any cresoinva of any stream or tributary on 1
the trails that era maintained by the developer. Any persons Iounn
guilty of violations will be held accountable to the govern.:snantul
a$nnciaa listed above.
The Corps of Ragineers, Division of Water Quality, and the
Ravironmcntml Protection Agency shall have the right to cater ana
go upon the lands; to inspect the Property and take necessary
action* to verify Compliance with theoc restrictive covenante.
ARC=TBC URAL M -T=L
(1) por purpoaea of this sot of Restrictive Covenants and
Reotrictioaa, the Developer shall function as the Architectural
Review Committee. Developer may assign this reaponsibility to the
property Owners Aaaociation, if they no desire.
(Z) No improvement or atructure of any kind, including,
7
F W tt micnaei r. tasiey, uovemor
`OHO R4?i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
UJ r Alan W. Klimek, P.E. Director
> Division of Water Quality
Ms. Doris Swor
7535 Timberidge Drive
Newland, NC, 28657
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Swor:
May 27, 2003
DWQ# 03-0225
Avery County
You have our approval, in accordance with the attached conditions, to flood or place permanent fill in 0.32 acre of
wetlands/waters and 146 linear feet of streams, temporary fill in 145 linear feet of streams, and an arch culvert over 30
linear feet of streams in order to construct the Bear Creek Subdivision in Avery County, as described in your application
received by the Division of Water Quality (DWQ) on February 28, 2003, additional correspondence received March 11 and
May 8, 2003 and in subsequent discussions with staff of the DWQ Asheville Regional Office. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3402, 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 39 when it is 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, 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 maybe required to send us anew application for anew 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, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season
of October 15 through April 15;
3. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 4B
.0024]; see NCDOT publication, Best Management Practices for the Protection of Surface Waters (March 1997);
4. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748
5. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 Mike Parker in the Asheville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
030225
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bear Creek S/D County Avery
Project Number 03 0225 County2
Recvd From APP Region Asheville
Received Date 2/28/03 Recvd By Region
Project Type pond creation for asthetic reason
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet am
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 OTH F7_0 N F_ 11-3€-1()-3 F -F TR F.R,31. 0?3 F- 146.10
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info?Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y O N Recommendation: p Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 360230 Longitude (ddmmss) 815300
Comments:
Placed Project on hold. sent nov and requested additional information. All impacts were not included
in the application,
cc: Regional Office
Central Office Page Number 1

4 McGifl
A S S O C I A T E S
May 5, 2003
Mr. Scott McClendon, Section Chief
U.S. Army Corps of Engineers
151 Patton Ave., Room 208
Asheville, NC 28801
Re: Bear Creek Subdivision
Avery County, NC
Dear Mr. McClendon:
WETUND814p1 GROUP
MAY 0 8 2003
WATERQUAL"YS
ECTI®N

Attached is the revised stream and wetland impact table with details for the
404/401 application for the referenced project. I have also attached a copy of a model
restrictive covenant that has apparently been adopted by the State of South Carolina and
the Charleston District of the US ACOE. Please review and let me know if this is
acceptable and I will forward to the developers attorney. The owners desire to construct
and restore the temporary and permanent impact areas immediately upon issuance of the
permit(s).
I want to personally thank you for your help on this project. I can assure you that
the present impacts were not intentional and were executed in good faith with the goal of
preserving as much of the streams and wetlands as possible.
Thank you for your attention to this matter. Please contact me if you have any
questions or comments.
Sincerely,
J. Patrick Warren, P.E.
McGill Associates, P.A.
Xc: David & Doris Swor, Bear Creek Development
Cindy Karoly, NC Division of Water Quality
Ron Linville, NC Division of Wildlife
Mike Parker, NC Division of Water Quality
John Vilas, E'vN Environmental Services
Gary Benfield, Avery County
E n g i n e e r i n g P l a n n i n g F i n a n c e
McGill Associates. P.A. • P.O. Box 1136. Hickot_r. NC 28603 • 1236 19th St. Lune NW: Hickorn NC 28601
838-328-3024 • F4.V 838-338-3870
r
Revised Stream and Wetland Impacts
Bear Creek Subdivision
Avery County
Type of Temporary Permanent Restored
Impact Area Resource Impact Impact * Impact Wetland
Al Wetland Pond 0.30 ac 0.15 ac
A2 Surface Water Fill 0.02 ac
B Stream Foundation 951.ft. 321.ft. 0.03 ac
C Stream Pipe 301.ft. 601.ft.
D Stream Pipe 201.ft. 271.ft.
E Stream Pipe 271.ft.
F Stream Bridge
Total Wetland Impact = 0.32 ac
Total Wetland Restored = 0.18 ac.
Total Pipe Impact = 1461.ft.
* Temporary impacts to be restored as per En'V Environmental Services plans and
specifications, except at Impact Area D where the permanent pipe will be installed at the
temporary creek crossing.
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Symbol Description
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E'nV Environmental Consulting Services Inc.
3764 Rominger Rd.
Banner Elk, NC 28604

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AS S OCIATIES
ERIN 6•PLANNINO•FINANCE

Charleston District Model Restrictive Covenants of May 20, 1998
See http://www.sac.usace.army.mil/off counsel for latest edition of this model.
STATE OF SOUTH CAROLINA DECLARATION OF
RESTRICTIVE COVENANTS
COUNTY OF
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this _ day of DRAFT
19_, by ("Declarant(sJ').
RECITALS
WHEREAS, Declarants is/are the ownerLsJ of certain real property ("real property" includes wetlands, any
interest in submerged lands, uplands, associated riparian/littoral rights) located in County, South Carolina,
more particularly described [describe tract to be preserved, including: 1) acreage, 2) a reference to recorded plat(s), or attach an approved permit drawing
or site plan (see Paragraph 9), and 3) any excluded property] ("Property"); and
WHEREAS, as compensatory mitigation under Federal and State law for Department of the Army Permit
No. ("Permit") issued by the U.S. Army Corps of Engineers, Charleston District ("Corps" or "Charleston
District," to include any successor agency), and certification(s) and/or permit(s) issued by the S.C. Department of
Health and Environmental Control ("DHEC " to include any successor agency), and in recognition of the continuing
benefit to the permitted property, and for the protection of waters of the United States and scenic, resource,
environmental, and general property values, Declarantjsj has/have agreed to place certain restrictive covenants on
the Property, in order that the Property shall remain substantially in its natural condition forever.
NOW THEREFORE, Declarants hereby declare(s) that the Property shall be held, transferred, conveyed,
leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run
with the land and be binding on all heirs, successors, assigns (they are included in the term, "Declarant," below),
lessees, or other occupiers and users.
1. Prohibitions. Declarants is/are and shall be prohibited from the following: filling, draining, flooding,
dredging, impounding, clearing, burning, cutting or destroying vegetation, cultivating, excavating, erecting,
constructing, releasing wastes, or otherwise doing any work on the Property; introducing exotic species into the
Property (except biological controls preapproved in writing by the Corps and DHEC); and from changing the grade
or elevation, impairing the flow or circulation of waters, reducing the reach of waters, and any other discharge or
activity requiring a permit under clean water or water pollution control laws and regulations, as amended. The
following are expressly excepted from this paragraph: a) cumulatively very small impacts associated with hunting
(excluding planting or burning), fishing, and similar recreational or educational activities, consistent with the
continuing natural condition of the Property; b) removal or trimming of vegetation hazardous to person or property,
or of timber downed or damaged due to natural disaster; c) restoration or mitigation required under law [if reference is
made to the Permit, or to a mitigation plan approved by the Permit, all exceptions (including regarding buffer areas) must be specifically spelled out in the Permit or
plan; also, additional, specific exceptions may be listed in this paragraph, e.g., fire or wildlife management plans, boardwalks, etc.].
2. Amendment. After recording, these restrictive covenants may only be amended by a recorded document
signed by the Corps and DHEC and Declarant. The recorded document, as amended, shall be consistent with the
Charleston District model conservation restrictions at the time of amendment. Amendment shall be allowed at the
discretion of the Corps and DHEC, in consultation with resource agencies as appropriate, and then only in
exceptional circumstances. Mitigation for amendment impacts will be required pursuant to Charleston District
mitigation policy at the time of amendment. There shall be no obligation to allow an amendment.
3. Notice to Government. Any permit application, or request for certification or modification, which may
affect the Property, made to any governmental entity with authority over wetlands or other waters of the United
States, shall expressly reference and include a copy (with the recording stamp) of these restrictive covenants.
4. Reserved Riahts. It is expressly understood and agreed that these restrictive covenants do not grant or
convey to members of the general public any rights of ownership, entry or use of the Property. These restrictive
covenants are created solely for the protection of the Property, and for the consideration and values set forth above,
and Declarants reserver the ownership of the fee simple estate and all rights appertaining thereto, including
without limitation the rights to exclude others and to use the property for all purposes not inconsistent with these
restrictive covenants.
Page 1 of 2
05/20/1998 Model Restrictive Covenants
Charleston District Model Restrictive Covenants of May 20, 1998
See http://Www.sac.usace.army.mil/off counsel for latest edition of this model.
5. Compliance Inspections. The Corps, DHEC, and its/their authorized agents shall have the right to enter
and go upon the lands of DeclarantL2, to inspect the Property and take actions necessary to verify compliance with
these restrictive covenants.
6. Enforcement. The DeclarantLsj grantLl to the Corps, the U.S. Department of Justice, and/or DHEC, a
discretionary right to enforce these restrictive covenants in a judicial action against any personLl or other entity(ies)
violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive
covenants shall result in a forfeiture or reversion of title. In any enforcement action, an enforcing agency shall be
entitled to a complete restoration for any violation, as well as any other judicial remedy such as civil penalties.
Nothing herein shall limit the right of the Corps to modify, suspend, or revoke the Permit.
7. Property Transfers. DeclarantLsj shall include the following notice on all deeds, mortgages, plats, or any
other legal instruments used to convey any interest in the Property (failure to comply with this paragraph does not
impair the validity or enforceability of these restrictive covenants):
NOTICE: This Property Subject to Declaration of Restrictive Covenants Recorded
at [insert book and page references, county(ies), and date of recording].
8. Marking of Property. The perimeter of the Property shall at all times be plainly marked by permanent
signs saying, "Protected Natural Area," or by an equivalent, permanent marking system.
[Paragraph 9 - generally, a surveyed, recorded plat is required; however, at the discretion of the Corps and DHEC, an approved permit drawing or site plan attached to
these restrictive covenants may suffice]
g. Recording of Plat. A plat depicting the boundaries of the Property subject to these restrictive covenants
shall be recorded in the deed records office for each county in which the Property is situated prior to the recording of
these restrictive covenants. The plats is/are recorded at [include book and page references, county(ies), and date].
10. Separability Provision. Should any separable part of these restrictive covenants be held contrary to law,
the remainder shall continue in full force and effect.
IN WITNESS WHEREOF, the Declarant(s) has/have duly executed this Declaration of Restrictive
Covenants the date written above.
IN THE PRESENCE OF: DeclarantLsj
By:
[type name of witness under signature line [type name of individual under signature line]
Its:
[type name of witness under signature line] [title of signing individual, where applicable]
STATE OF SOUTH CAROLINA
COUNTY OF
PROBATE
PERSONALLY appeared before me , the undersigned witness, and made oath that he/she saw
the within named & by , its ,j sign, seal and as his/her/its act and
deed, deliver the within named Declaration of Restrictive Covenants; and that he/she with the other witness named
above witnessed the execution thereof.
SWORN to and subscribed before me
this _ day of , 19_
NOTARY PUBLIC FOR SOUTH CAROLINA
My Commission Expires:
[type name of witness under signature line]
Page 2 of 2
05120/1998 Model Restrictive Covenants
State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Division of Water Quality
16F.W;W'A
?f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
April 8, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUEST
Ms. Doris Swor
7535 Timberridge Drive
Newland, North Carolina 28657
Dear Ms. Swor:
Subject: Notice of Violation and Recommendation
for Enforcement Action
Stream and Wetland Standards Violation
Failure to Obtain Water Quality Certification
Bear Creek Subdivision
Project No. 03-0225
Avery County
On March 11, 2003, staff from the Asheville Regional Office conducted an inspection of the
subject property. Observations indicated that approximately 240 linear feet of Anthony Creek,
unnamed tributaries to Anthony Creek, Bunt Creek and unnamed tributaries to Bunt Creek which
are all classified C-trout waters, had been impacted and subsequently filled, and approximately
.15 acres of riparian wetlands had also been filled. After reviewing our files, it has been
determined that you did not obtain a 401 Water Quality Certification, required pursuant to 15A
NCAC 2H .0500, prior to the impacts to State surface waters. In addition, these uncertified
activities represent stream and wetland standards violations. Specifically, 15A NCAC 213
.0211(2) states that the preclusion of any of the following uses, including aquatic life propagation,
biological integrity, wildlife, secondary recreation on either a short term or long term basis will be
considered to be violating a water quality standard and 15A NCAC 2B .0231 (a) states that
removal of any of the following uses shall violate Wetland Standards (1) Storm and flood water
storage.... (2) Hydrologic functions including groundwater discharge that contributes to maintain
dry weather streamflow.... (3) Filtration or storage of sediments, nutrients, toxic substances or
other pollutants.... (5) Habitat for the propagation of resident wetland-dependent aquatic
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled\110% Post Consumer Paper
Ms. Doris Swor
April 8, 2003
Page Two
organisms incuding, but not limited to fish, crustaceans, mollusks, insects, annelids, planktonic
organisms and the plants and animals upon which the aquatic organisms feed.... (6) Habitat for
the propagation of resident wetland-dependent wildlife species, including mammals, birds,
reptiles and amphibians for breeding, nesting, cover, travel corridors and food. Also, 15A NCAC
213 .0231 (b) (6) requires that the populations of wetland flora and fauna be maintained to protect
the biological ';integrity of the wetland.
Staff of the Division's Asheville Regional Office is considering sending a recommendation
for enforcement action to the Division Director for the violations listed above. If you have an
explanation for these violations that you wish to present, please respond in writing within ten (10)
days following receipt of this Notice. Included in your response, should be an explanation of
actions you plan to take to mitigate the existing violations and how you will minimize any future
impacts or damages to Anthony Creek and its tributaries, Bunt Creek and its tributaries and
adjacent wetlands. Please be aware that you may be subject to enforcement actions with the
possible assessment of civil penalties of up to $25,000 per day, per violation or other actions as
deemed appropriate.
The Division of Water Quality is in receipt of and is currently reviewing your application for
Water Quality Certification. Since the application did not list all of the impacts, you will need to
modify the application to include all impacts to streams and wetlands. Until we receive your
response and these violations are resolved, we are placing you project on hold for our processing
purposes due to incomplete information, in accordance with 15A NCAC 2H .0507 (h).
Should you have questions regarding this matter, please contact Mr. Mike Parker or me at
828/251-6208.
Sincerely,
Forrest R. Westall
Water Quality Regional Supervisor
xc: Davel Baker-COE
Tom Burleson-Avery County
Patrick Warren-McGill Associates
Danny Smith
Mike : Parker
Kevin Barnett
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled\110% Post Consumer Paper
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bear Creek S/D County Avery
Project Number 03 0225 County2
Recvd From APP Region Asheville
Received Date 2/28/03 Recvd By Region
Project Type pond creation for asthetic reason
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
39 (NTH O Y _0N F - 11-3R-10-3 I TR FQ_R31. x.23 F- 240.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 10 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 360230 Longitude (ddmmss) 815300
Comments:
Placed project on hold, sent nov and requested additional information. All impacts were not included
in the application.
cc: Regional Office
Central Office Page Number 1
Bear Creek S/D
Subject: Bear Creek S/D
Date: Tue, 11 Mar 2003 13:45:44 -0500
From: Mike Parker <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: Cyndi Karoly <[e-mail]>
Cyndi, did a site visit today with Tim Smith with COE. Found impacts
that were not included on the application. Patrick Warren was there
along with the owner. Patrick will submit a revised application.
Additional impacts found were, piped stream approximately 50 feet,
temporary crossing approximately 30 feet and impacts where arch culvert
had been installed approximately 30 feet. Mike
Mike Parker - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Mike Parker <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section /?ba /9
/ 1 of 1 3/13/03 10:00 AM

r
Date:
To: e LO
. ? MRO
? RRO
Triage Check List
Project Name: Ave
DWQ#:2 J?
County:
Mike Parker ? WaRO . Tom Steffens
Ken Averitte ? WiRO Noelle Lutheran
Mike Parker ? WSRO Cyndi Karoly (Central Office)
Steve Mitchell
From: Telephone (919)
The file attached is being. forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
Stream determination
etland determination and distance to blue-line surface waters on USFW topo maps
Minim- issues
? Buffer Rules'(Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
Ditching
? Are the stream and or wetland mitigation sites available and viable? .
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
L' Cumulative impact concern
Comments:
Lh ?cu w -ia?n?
reek Subdivision - Avery County
ti

Subject: Bear Creek Subdivision - Avery County
Date: Fri, 28 Feb 2003 08:56:22 -0500
From: 'Patrick Warren" <[e-mail]>
To: "Tim Smith" <[e-mail]>
CC: "Duane Coen" <[e-mail]>, "Cyndi Karoly" <[e-mail]>,
"Ron Linville" <[e-mail]>
Tim,
Pertaining to the referenced project, you asked me how much linear footage
of stream we are protecting. The total for Anthony & Bunt Creeks and small
tributaries is 6,650 l.ft. The owner has not made a decision on whether the
protected areas will be in a conservation area or remain as common space for
the P.O.A. Either way, the areas will be protected by deed restrictions and
covenants.
Also, the old USGS Quad map indicates a trout rearing station. The remnants
of the station are in the protected area, but it is not functional. It was
probably abandoned in the late 19701s.
Patrick
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.455 / Virus Database: 255 - Release Date: 2/13/03

Bear Creek Subdivision - Avery County
Subject: Bear Creek Subdivision - Avery County
Date: Fri, 28 Feb 2003 08:56:22 -0500
From: "Patrick Warren" <[e-mail]>
To: "Tim Smith" <[e-mail]>
CC: "Duane Coen" <[e-mail]>, "Cyndi Karoly" <[e-mail]>,
"Ron Linville" <[e-mail]>
Tim,
Pertaining to the referenced project, you asked me '? mu'h footage
of stream we are protecting. The total for Anthony & Bunt t nd small
tributaries is 6,650 l.ft. The owner has not made a ecision Nether the
protected areas will be in a conservation area or remain as common space for
the P.O.A. Either way, the areas will be protected by deed restrictions and
covenants.
Also, the old USGS Quad map indicates a trout rearing station. The remnants
of the station are in the protected area, but it is not functional. It was
probably abandoned in the late 19701s.
Patrick
outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.455 / Virus Database: 255 - Release Date: 2/13/03
1 of 1 3/5/03 9:52 AM
Triage Check List
Date: 4/0 7?: Project Name: Ate CIN4
? ?
DWO#: 0.)022:;
County:
V0114 CUP
To: e:00 Mike Parker ? WaRO . Tom Steffens
Ken Averitte ? WiR:O Noelle Lutheran
? MRO Mike Parker El WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From:
Telephone (919)
The file attached is being. forwarded to your for your evaluation.
need assistance.
? Stream length impacted -` - - ;=
Stream determination
etland determination and distance to blue-line surface waters on USFW topo maps
°zation/avoidance issues
? Buffer Rules (Neese, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
?. Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check. drawings for accuracy
? is the application consistent with pre-application meetings?
Y Cumulative impact concern
Comments: -L" k ,4
? ? ...
Look _Lq- Q o 4e-y) I OL L

7IMcGM
A S S O C I A T E S
February 21, 2003
Mr. John Dorney
401/Wetlands Unit
Division Water Quality
NC DENR
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Bear Creek Subdivision
Avery County
Dear Mr. Dorney:
WE7ZANDS140
1oR®up
~ FEB 2 8 2003
WATERQ?AI!
IYSE??V
Enclosed are seven (7) copies of the 401/ 404 Permit Application and check for
$200.00 for the referenced project. I have forwarded a copy of the permit to Mr. Mike
Parker, NC DWQ Asheville Regional Office, Mr. Tim Smith, US ACOE, and Mr. Ron
Linville, NC WRC. Please contact me if you need additional information.
Thank you for your help on this project.
Sincerely,
r t2v
J. Patrick Warren, P.E.
xc: Ron Linville w/o enc.
Tim Smith w/o enc.
Mike Parker w/o enc.
John Vilas w/o enc.
Duane Coen w/o enc.
JPW/wb
E n g i n e e r i n g P l a n n i n g F.i n a n c e
McGill Associates, P.A. - P.O. Box 1136, Hickory, NC 28603 - 1236 19th St. Lane NW, Hickory, NC 28601
828-328-2024 - FAX [phone]
Office Use Only: Form Version May 2002
,030225
USACE Action ID No. D Q No.
(If any particular item is not applicable to this proje 41- 0 enter "Not Applicable" or "N/A".)
4 WETLANDS/ 401 GRO
I. Processing ? Up
1. Ch k all of the approval(s) requested for this project: JRipV FEB 2 8 2003
[Section 404 Permit ? nAlt r ?? ffer Rules
? ection 10 Permit ? Isolated Niics
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: paR1S SwOtz
Mailing Address: "15 3 5 "T+l1rlBEt2lo?lc, Dyz kyle_
(?i vJc.e? N D ?? G 2 8 (e 5?
Telephone Number: 8Z8 -73 3 - 9 117 Fax Number: S ZQ 733-3741
E-mail Address:
2. Agent/Consultant 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: yA - t k_Y Mtc, k kl P-C?IZc?eJ ) Tf. V_
Company Affiliation: tAC. 6- ?.c- Q.? 'e;,o e-r tor- S
_? O C3gC l l 3 4 -
Mailing Address:
1-h r-?c cs2Y t N G 2 8? v 3
Telephone Number: 62,f?. - 3 zg - 5G0 Fax Number: 0 Ze - 3 26.- 313 Zd
E-mail Address: ? Wa.RtP w_" ?"t a (- ((- L V, tj ee t W e, C [o"
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 proyided.
1. Name of project: ?r_ tAg ?i124? I?t? U10t7k V t S IOTJ
2. T.I.P. Project Number or State Project Number (NCDOT Only): KV A
3. Property Identification Number (Tax PIN): ?? L S 5 Z-
4. Location
County: N?yt_`f Nearest Town: I N V1 GLt,
Subdivision name (include phase/lot number): '5SAr- G???cK S?'Bb?trlslcr
Directions to site (include road numbers, landmarks, etc.): I?h1A??.?.rT 't'o 0S Z Z (;;0
->o V TI-1 b1F lr I tit I?tL?.I? y?1211z e.TL.y 4LrLO 4 2
? t?r?nn ? 1 tv v r ? ? ? ? a u u? g d u try L1?1r >G?or t?r t?.u-t- tr t?'C1rz. ? 1??
5. Site coordinates, if available (UTM or Lat/Long): 3G ° Z 17 8l ??? 3
(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. Property size (acres): 14 3 • (o Ac- eS 5
7. Nearest body of water (stream/river/sound/ocean/lake): A UT 40 3 `f e,4?- la I& V,
8. River Basin: G SAS
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: l vz.ollte_r' 14 L. 0U4Tw_b ot,3 t,* u y t g rc u-4*-
4tN4l.kc. VAb"t(t.Y 40S)DlytS cal-) 'tlfsk-T- ?.1?fc.WC' PdRt?kRvmac' t N TN4F_
souTl- tS
aEY LY 1?Q0 `5 , Ao.lAuE?Nr 'V;'i;t,0?E Y ' -0 rlE+.,
C.uwK?vc.c I ?.. Tt?? N o>sz.T'K 1 S rl+?__ " 14t?zTv, L. c4.N?
` N C_ % (-t t 1 ? s? v<ev2 Tt( y, L l tv vt i-l. W LPe ?.??D ? id o v ?z L VV-4op" kwr.
-ro t RAe_- C AU2Dg S U S Z2() I s Tl{ 12.+?c`C'Ir?Ata ?? Z--o twc Nvcc.?p
L-" rz> t-kxpoao utz.. Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
ScN4L. V_ VAVAIGY -co gtei
p w t c, c. g W A T17- AC. u, t3tA?k k? o )6_ , tau u_ tai Z r-.tr
aNh OU Mt' _[_kz_klGlrt
11. Explain the purpose of the proposed work: It-h. FU t Wos y? ©+F .(, czv
s Tv G??a c? a a As STE??.T ( C :F( \> V catz- -t-tE?. ?ra'?.ANC.IE
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.
adt4 re
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 12
1. Provide a written description of the proposed impacts: ?t t. c.1 N 4 o F D, (5 J?. cS OVA
wY?T e. N h S To C.oA,)s TtZUC1T- 9 h ak A w u> c? trz-?k Nc.?. tz??D ,
?C cA.fiDtT'i oyJ or- b . og Atc,S T-o e. tZv?A. tom.. Pair -
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
` F 11. t. O• t 5 u O tai Arc
1 an??4t-ic? D, Orb til d 20 FMT" F?xa.a

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cieanng, grading, rui,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fema.sov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detennination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2. 5 AGS • ±
Total area of wetland impact proposed: ©• 2 3 A%c.s .
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please sec )

List each impact separately and identify temporary impacts. Impacts include, but are not limned 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
wnvw,usgsapv_. Several intemet sites also allow direct download and printing of USGS maps (e.g., ynyw.togozone.com,
www.mal)auest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1 A c9 t4
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
o ?

* List each impact separately and identify temporary impacts. Impacts include, but are not umtted to: tut, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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 and4llustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream Yetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): 5 M Alit- V- A?l?T1k ti.1 Pk" w tTR
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): A?STf-??.TIC.
Size of watershed draining to pond: 5 AC Expected pond surface area: o- 3 ( e Ac.t
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.
To GV_%re_ 4r1c, k y 1 NIB V %& C.W112.hr v Og- Te r Lt-%_ E Uz-6 1_- car Two Cz
?.V'1?iP?-1? G? Pr L'Cy?`fZ„? A?'cl U ? ? w 1?t?vG +? N ? (.: l? Ztrcb "T?tic? ?t rz_sT
?i, C".y_t, t4T k ot. "X:? ot.0 t.l NtFi•c> I- w trA (. it-JVt L y,, LAwb (4-A0.%, (?Vt .
r-- •ltE cT ?P.
'`C'tt ?r 1 t?1(b L b Pl N 4 T qA,, , 1L6 o L---I 7-
11h r_ _u 17Jr-Y. NT C, C.-Mv, N !l? t' I V\F_ LY ?i'E 4 T k- \F- V-7K tom. Tt N 4 ?e3 Peb ?t?Ttz#?ke
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.
b-?o c.?z L i lE R S H A t. L p? b 'C'tT w g +E: M ?zr? /} t
Tli+G c.X(S-t: \u4 Ct AV*-(. «'Ac?
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 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/strmaide.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.
'ttkw. alt v1' o4`t.1a fan't.?v? w V V 'C.1y1.??-tom 0, k5 h a p G [? ?T L A W es
6. ?.o ? u V? r l?-Y? PY?tz? b,?t"k?rz m ? t'?. ?r ArT'Ea2.. S? ? ? ? ??.
0131-= 5?¢.Y?'C10?> ?,A51?1r?yc,1.3C'?r W) W, A Q'I wc,,d(M_?'1tiE Gy
3 3 4 Gt??s ?b S?? S?Yz.? w P L c. t3 ?? ?? coszPo?.a r? b
r t?z P. Nom/ w ?T'c. v.? uo s ? ttf D s?z.?1k e1 s ©o.? ?rLo Po sib C,oTS ,
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N oWre-
Amount of buffer mitigation requested (square feet): "010 `f-*
Amount of Riparian wetland mitigation requested (acres): V,_Y o,41a
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA fi approval letter.
Yes F-1 No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 T`2out 13, U r-V tnz. )?
Yes ? No, ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 5 3 pO
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of cnarmei, [.one 2 excenas an
additional 20 feet from the edge of Zone 1.
C?.*?. C3)
j o- b1?1 l.?t. ?i S ?? l D 4 Y? t C?-lt. ?O ll)
C Vz.ossi VJU s
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.
f _ r?? 1P r 11?-"?l ?1 c? rats h-t 1,3`'? A' L-c7 j , R 1.1- ?? Tpz H S
C."A K 0'Q AMOCA
XI. Stormwater (required by DWQ)
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.
194, " N C, ( W Fv p-yl o u 5, = I Arc -t t?yLO?po 5th (lr1'C ?Zr t ou s, -1 Z F! G w ?1-T'L 12
w i L V 'St.- %?_opTV,4E> '1"4ire U -??rs? r41? S vti Ltc. s b, fl sG rL?,? b
l?TO tZIP-tzptP D?SS? p?c'vR-s Pv?? /or? S \HAJ_ - Pc.vum ?onLS
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultima:.e treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
t%,? plU'\ pvlit, Wy,(L.1 ?, P. NV=. S6'cPCIG r-( ?(.C> 5
XIII. Violations (required by DWQ)
Is this site in violation of D Q Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No N
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to all Dw 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).
pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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