20030441 Ver 1_COMPLETE FILE_20030410

Christmas Trees • Wreaths • Garland
PEAK FARMS
Rusty Estes
647 C Low Gap Road - Jefferson, North Carolina 28640
Telephone [phone] or [phone]
c?e`lC 4.,4 5° ?
--C(5
U/? L) 0 01 10'evq
go
I -S C D M;'
?v?Q#
D3-Dzl'91
WETLANDS moi Sou
MAY 1 9 2003
WATER QUALITY SECTION
s View
r
t
G ._
l
E

ti
Slope R] ovvo- Row
l l +I {
I h-e 'Pip
k I
4
3
5 i t
x S ?I - It k'^
{
1 `? E
1
'
' W
1F,..
•ii`

u
q`

r
VI
+
i
r ? ?Y
EC

,
? R
r• :
,
6
y `
6
V r f

s
je-
+
3 1 ? r* '? y' « r 4 r
', r r? + ? r

Z
' t
{? 4
II / F+

1 J:

ut
' F
1

'tA +

4-0

r `
7° W r r: r i s
r
Name: LAUREL SPRINGS
Date: 4/28/2003
Scale: 1 inch equals 1000 feet
Location: 036.4010763° N 081.3618260° W
Caption: Rusty Estes
Pond Site
Ashe County, NC
o
Y
l
0 3 OL),Y 1

r
r

t?

Name: LAUREL SPRINGS Location: 036.4010763° N 081.3618260°W
Date: 4/28/2003 Caption: Rusty Estes
Scale: 1 inch equals 1000 feet Pond Site
Ashe County, NC
r

7- vv
03 ogyl
f
f

C
j

Name: LAUREL SPRINGS
Date: 4/28/2003
Scale: 1 inch equals 1000 feet
Location: 036.4010763° N 081.3618260° W
Caption: Rusty Estes
Pond Site
Ashe County, NC
G 6

a vi,e '
03 - o? yJ
r
C? Flo
v h o? ti Wad.?
or
r
STS j 1 ?aS eo ! , 4
<''
Name: LAUREL SPRINGS Location: 036.4010763° N 081.3618260° W
Date: 4/28/2003 Caption: Rusty Estes
e-f
Scale: 1 inch equals 1000 feet Pond Site
Ashe County, NC
TOP, VSE: -v
ZT 0

Copyright (C) 1997, Maptech, Inc
r
44 ?
? F
P Vi
d -f
03- o 4zl l
r`
r
T,JI Slope
OtNLR w
Powd, ? v V,4,,
Sc, lo k ?s ? Y
?s4ak) I':z64ttevo i2cak
Name: LAUREL SPRINGS Location: 036.4010763° N 081.3618260° W
Date: 4/28/2003 Caption: Rusty Estes
Scale: 1 inch equals 1000 feet Pond Site
Ashe County, NC
V7
to. vv
• ? ? F .- it i+ • k i ' [ F p +?'? ?? J ' SI ? f ,.?. ` E ,?y I? e` ' .. '

F ti ? ?` c t p
5 X ?
_ 03 ?
y
14

:.- .. _ -
° r 'C{f ? f?? ?T. ? ?.
, .? i r5y y Ph T? "* .. '4.?? ?J?' :.f - V
y

_Gai
1
°
E
6 f'I q {
r ?F ' _ f
? i
rN
La .

F W I i
?
t
[r a

4
t q 4N
.A

?JJJ( fAi

?-

L
_
1 ? t ? ? i
s T ? f
t
ii ; ? ly _ • Se
r F cy" p
p Y
-'• j i F 4
i1 p
r? 1 _ t
-
r

v
' y
y .. i

'
S ? _ Ft
sa iF. ,v
1

,
y

?
7* W
Name: LAUREL SPRINGS Location: 036.4010763° N 081.3618260°W
Date: 4/28/2003 Caption: Rusty Estes
Scale: 1 inch equals 1000 feet Pond Site
Ashe County, NC
aTq Michael F. Easley, Governor
OG William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director Division of Water Quality
April 23, 2003
DWQ # 03-0441
Ashe County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Russell Glen Estes
647C Low Gap Road
Jefferson, NC 28640
Dear Sirs:
On April 10, 2003 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of irrigation pond in Ashe County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable
scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A
NCAC 2H.0500.
1. Please provide a detailed site plan for the project.
2. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site
plan.
3. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays
on the site plan.
4. Please indicate whether or not the proposed impacts already been conducted.
Please telephone Ed Schwartzman at 919-733-1787 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this
information is received. If we do not hear from you by writing within three (3) weeks we will assume
you no longer want to pursue the project and will consider it withdrawn.
Sincerely,
,,,^ John R. Dorney
4 _ , 401 Water Quality Certification Program
JRD/bs
cc: Winston-Salem DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands

Triage Check List
Date: "[ 1510 3 Project Name: '& ram C2 V1 d S
DWQ#: 0 `F 4
County: A,5 A to,
To: 10 ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson WWSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: ?d 5ch wGtdr47?_,oar-) Telephone : (919) ?7Z
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
? Buffer Rules (Meuse, 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?
? Cumulative impact concern
Comments: GL eav - (o loe- Q U ?c I o_-?) OV . vjtle_'-
I
Tk i S ra - e_&+ f s cAkc n
50 an kcl<J evict i
a 61+e- plan-
i+5 3P666 V 3' V1? I 1 1 {?
ie ± rr ) ?'
U"f
f\j I f f 1 I? - ? I / SLe.rY ?.
f .
? f
Low G
t` 1;)w cap"---
f 'ffJ? ? ? - ? ?'? . t S ? , ?,? jay - ?r (k
_ ? ?? ? ?? .. • ?f ?^?
` ?? I I
t? ` ? ?,,, •+rr. _.73,x. ?:'??i ? ? 1 ?
• ? k ?? a 1 - ? '? ? ,?" ° ?, ? ? ?r+'r''" r? ? ?,, a ?? ? ? - 1
J
•;
z
?v
._ a v. ' \?Y. ,t , ,
1 r ? ? J «. y
1
71 vv Ile,
?t3tG06W V/ 1.315033k W 3 X1.3
Name: LAUREL SPRINGS Location. 036.4008718° N 081,3623716° W
pate 4t3/2003 Caption Rusty Estes
Scale: 1 inch equals 1000 feet
Copyright (C) M7, Wptach, Inc-.
.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200*330650 County Ashe Quad T.AT TRF.T. SPRTNCTfi
Notification of Unauthorized Activity/Permit Noncompliance
Responsible party Russell Estes
Responsible Parry Address 647 C Low Gap Road Jefferson, NC 28640
Telephone Number [phone]
Zone: 17 UTM or LAT/LONG: North: 4028366 East: 467479
Size and Location of Property (include waterbody, highway name/number, town, etc.) in an unnamed tributary to Roan Creek near
Laurel Springs, Ashe County, North Carolina.
Description of Unauthorized Activity/Permit Noncompliance: Construction of an irrigation pond on an unnamed perennial
tributary to Roan Creek. The pond has impacted approximately 320 linear feet of stream channel.
Indicate which of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit _X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army permit for the above- described activity, it is a violation of federal law as specified
above. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit. Any
further unauthorized work in waters or wetlands will be considered an intentional violation of federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take
no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to
perform the requested remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to file
suit against you. If you need further information. about the Corps of Engineers regulatory program, please contact Timothy J. Smith
at [phone] x 8.
Remedial Action Requested: (1) Remove the two lower sediment basins located in the channel upstream of the pond and
modify the uppermost pool to ensure that base flow is maintained in the stream channel throughout the year; (2) Stabilize all
bare soils within the riparian buffer (25 feet from the top of the bank on each side of the channel) upstream of the pond and
immediately downstream of the embankment; (3) Re-establish native shrubs and woody vegetation throughout the disturbed
areas of the riparian corridor upstream of the pond and immediately downstream of the embankment; (4) Stabilize and establish
herbaceous vegetation on all bare soils around the pond; (5) Stabilize the short stream segment from the pond outlet to the first
road crossing.
The owner shall contact the Corps of Engineers Asheville Regulatory Field Office for a compliance inspection when
these five `items have been satisfied.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signa
Project Manager Signature
Date
Cc: G. Smith (NCDENR Winston Salem Regional Office)
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CHSAW Form 607
1 OCT. 92.
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Che k all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
2401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: LV t?
t
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.
Telephone Number: Fax Number:
E-mail Address: haAk 0 L_5'A%-
V-. 23_47st Coen
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
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: _r, ° %' r,' ilooio -
2. T.I.P. Project Number or State Project Number_ (NCDOT Only):
3. Property Identification Number (Tax PIN):_ 1 25 61.5-
4. Location 11
County: s Nearest Town:
Subdivision name (include phase/lot number): - -e
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
c
7. Nearest body of water (stream/river/sound/ocean/lake):
8. River Basin: / P
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at 1-ittp:Hh2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the s' e Yd ge er land use in the vicinit of the project
at th time of this application: -:
Page 6 of 12
10. Describe the overall project in detail 'nclud
ing the type of equipment to be us, d ,t7 ;'.'-*?
?is'.^?.? ? A ? P /A1A? Imo.
'.b f ?j:'?' •W . ?1 ,. _ .AC?.:6
- o
t °
e• S(y' % 9P!°'G:Y°1MJC i?i,? Mr?
IrC9
¢
ggpaalv
J 4.

moo, ?3 . fin > , ' V?p
a%
?
3fCt!
C2 efc-?Y-A,1-4 ?
v s
--e"

11. Explain the purpose of e propos work: , / a-S a

Ln)

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
hedules.
construVill
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.
i
Page 7 of 12
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
9

Ldst eacn impact separately ana laennry temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://NvwwJema.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 414a
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial, stream impacts below:
* 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.,rov. Several intetnet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mEquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on isite: "a
Page 8 of 12
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 specify)

fi LD?m ??q
.r ?"8' 7q?
4 1®l ? ?
Pd' e 11'12i?9 9 ?7 e, -
j,
7
CIA/
iv9t Ala, f as A
? '
/

2. Individually list wetland impacts below:
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 Wa (if applicable) y
) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

l..ist earn impact separately ana iaennry temporary impacts. impacts mclude, but are not knitted to: till, 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 and illustrated on any maps included with this app 'cation.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction (.g., d embankment, excavation, installation of
draw-down valve or spillway, etc.): _ t. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): P?244 B
Size of watershed draining to pond: //'54Kh ?g--57 Expected pond surface area: l C/C
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
technionestn he follnwed cinrinu nnnctnintinn to rednca. imnactc
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 may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE =or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/strm<?ide.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
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 httu://h2o.enr.state.ne.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):
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 (required by'DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federallstate) 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 final approval letter.
Yes ? 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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B-.0250 (Randleman Rules and
Water Supply Buffer Require ents), or other (please identify, )?
Yes ? No If you answered "yesprovide 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
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 (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 thexroverty.
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generate from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-t -fact permit application?
Yes 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 constPaints 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the! applicant is provided.)
Page 12 of 12
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this vroiect. please enter "Not AiDolicable" or "N/A;'-)
1. Processing
1. Fsection k all of the approval(s) requested for this project:
404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
2401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: E?jti? i; rf
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: ?
II. Applicant Information
1.
Telephone Number: &s Fax Number:
E-mail Address: a A k C01011,
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Numbed
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 proj
a,
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): , 1325 6115-
4. Location 4.,'s le'-1 County: Nearest Town: _
Subdivision name (include phase/lot number): C
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):_ -A-W? e'?
(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): 7
7. Nearest body of water (stream/river/sound/ocean/lake): ?C?.'?W 64-Z-C-4k
8
River Basin: (Note this must be one of North Carolina's seventeen designated major river basins.
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions
at thq time of this application:-
land use in the
Page 6 of 12
The
of the project
U.S CC-
10. Describe the overall project in detaiWncluding the type of equipment to be uspdm Z?G

11. Explain the purpose of e propos ,work: , Iil P?
IV. Prior Project History
F.
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
construc i? schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
"?
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate.' Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
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***
?q
lo7

List eacn impact separatery ana iaenury temporary impacts. impacts meiuae, nut are not ltmtted to: mecnantzed 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 http://www.fema. ov.
*** 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 (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: wbv44
Total area of wetland impact proposed:
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 seci )
V 1M91 6? ep&r

last eacn impact separately and identity 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.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topo one.coni
www,mapcluest.c:om, etc.).
Cumulative impacts (linear distance in feet) to all streams on isite: ? e
Page 8 of 12
2. Individually list wetland impacts below:
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 Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

- list eacn impact separately ana taenttry temporary impacts. impacts include, t>ut are not linuted to: till, 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 and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction (.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.): Jam '' ?7OAJ
Size of watershed draining to pond: 115-444--,F Expected pond surface area: C/VIL Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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
tPChnirntPC to hP fn11nwt-d rlnrinc rnnet-motinn to rarhinp imnnnte
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. 1
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 for 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://l12o.enr.state.nc.us/ncwetl.ands/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
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 littp:Hh2o.enr.stite.nc,us/wEp/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):
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
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 (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 fro the roperty.
JU 1
XU. Sewage Disposal (required by DWQ)
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.
/A/ ./'
XI L Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-t -fact permit application?
Yes 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 aglicant 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from thel applicant is provided.)
Page 12 of 12

CrIlt
te
? `t
j Aw
t
r
- a
?ct? d

i

It,

The Peak !)1-O
?? :r,•

z

Ore Knob
? ?w
4. ;
QEs i
Name: LAUREL SPRINGS Location. 036,4048482' N 081.3590037' W
Date, 4/412003 Caption: Rusty Estes
Scale; 1 inch equals 2000 feet Fond Site
Watershed Area: 115 Ac
Copyright (C) 1957, Nbptech, Inc
1W VV
J'? 3!7
?w.K3W' ' ,*? ;
t pr
.
3 r ?' ?r r f" ' " » .,
I ?71
u
0
? i
J E'?? 1
A/
- 74
w F
1 I X1.36 66° W 1.3333° W 81.3
Name: LAUREL: SPRINGS Location 036 4008718° N 081.3623716° W
Date 41312003 Caption: Rusty Estes
Scale: 1 inch equals 1000 feet
Copyright (C) 1997, Nbptech. Inc
U.S. ARMY CORPS OF ENGINEERS
Wihnington District
Action Id. 200' 30650 County Ashe Quad LAT TRRT. SPRINGS
Notification of Unauthorized Activity/Permit Noncompliance
Responsible party Russell Estes
Responsible Party Address 647 C Low Gap Road Jefferson, NC 28640
Telephone Number [phone]
Zone: 17 UTM or.LAT/LONG: North: 4028366 East: 467479
Size and Location of Property (include waterbody, highway name/number, town, etc.) in an unnamed tributary to Roan Creek near
Laurel Springs, Ashe County, North Carolina
Description of Unauthorized Activity/Permit Noncompliance: Construction of an irrigation pond on an unnamed perennial
tributary to Roan Creek. `The pond has impacted approximately 320 linear feet of stream channel
Indicate which of the following apply:
X Unauthorized Activity
Noncompliance with Permit
River & Harbor Act, Section 10 (33 USC 403)
X_ Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army permit for the above- described activity, it is a violation of federal law as specified
above. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit. Any
further unauthorized work in waters or wetlands will be considered an intentional violation of federal law.
If you do no father work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take
no fiuther action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to
perform the requested remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to file
suit against you. If you need further information about the Corps of Engineers regulatory program, please contact Timothy J. Smith
at [phone] x 8.
Remedial Action Requested: (1) Remove the two lower sediment basins located in the channel upstream of the pond and
modify the uppermost pool to ensure that base flow is maintained in the stream channel throughout the year; (2) Stabilize all
bare soils within the riparian buffer (25 feet from the top of the bank on each side of the channel) upstream of the pond and
immediately downstream of the embankment; (3) Re-establish native shrubs and woody vegetation throughout the disturbed
areas of the riparian corridor upstream of the pond and immediately downstream of the embankment; (4) Stabilize and establish
herbaceous vegetation on all bare soils around the pond; (5) Stabilize the short stream segment from the pond outlet to the first
road crossing.
The owner shall contact the Corps of Engineers Asheville Regulatory Field Office for a compliance inspection when
these five items have been satisfied.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party SignatyM
Project Manager Signature__,'
Date
Cc: G. Smith (NCDENR Winston Salem Regional Office)
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 609. - -
1 OCT 92
:)WQ# 4_5Q4jjjj?Triage On-Hold Letter 2.4 Staff Contact
6$) plan Detail Incomplete e? 61? I Q ty{
d .
Please provide a MAP" for the project. f
Please show all stream impacts including all fill slopes, dissipators, and bank stabilization on the site plan.
Cl Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
.rate _- x_44 _._-_-
4/ 15/03
Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
?t please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
• Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater ouffalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan. .
Please indicate whether or not the proposed impacts already been conducted.
$) Avoidance and/or Minimization Not Provided
o The;_ on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why
It is necessary for this project
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please
revise the plans to avoid the impacts..
This Office believes that the Iris "on the plans ei can be moved or reconfigured to minimize the impacts to the Please
revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the. entire buffer. If it is not possible to achieve. diffuse .
flow through the entire buffer then. it maybe necessary to provide stormwater management practices that remove nutrients before the stormwater .
can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was requested. Please provide $
This additional fee must be received before your application can be reviewed:
? Please complete Section( s) on the application.
.? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please Indicate which 404 Permit the USACE would use to authorize this project.