20061786 Ver 1_More Info Received_20061207

O~O~ W A T ~9pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 16, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr, & Mrs. Jim Walters
2249 Journet Dr
Dunn Loring, Virginia 22027-1165
Subject Property:
Walters: Seawall and Dock Lot 15
Water Quality Certification, Impacts
® REQUEST FOR MORE INFORMATION
^ PERMITTING FEE MISSING/INCORRECT
^ RETURN OF APPLICATION PACKAGE
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DWQ Project # 06-1786
Rutherford County
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Dear Mr. & Mrs..Walters: ~t~~'~~ _/ ~ ~ ~ lL ~.~
On November 13, 2006, the Division of Water Quality (DWQ) received your application dated November
6, 2006 for the above referenced project. The DWQ has determined that your application was incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested: ~ r
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USAGE) to determine which permit they will allow you to
use:
^ DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
^ The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
^ Water Body information not stated. See III Project Information, Item 7.
® Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or corrected impacts reflected.
NO°C Carolina
401 Oversight/Express Review Permitting Unit D D ~tllCll~~l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands DEC 7 2~~6
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
sa~sr~~

^ Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
^ Incorrect permitting fee amount. Please see above item. Your check # for $
is herein enclosed for fee correction. DWQ does not retain any payment unless it is in the
correct amount.
^ A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
^ Application was missing pages or sections of information. See Other section below.
® OTHER: DWQ requires a more exact impact figure for the open water area.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing and
Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within three weeks,
we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
1 ,,,/~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
Terrence P. Duffy Builder, Inc., Terrence P. Duffy, 651 V S Dalton Rd, Rutherfordton, NC 28139
File Copy
Central Files
Filename: 061786 WaltersSeawallDock(Rutherford)_Hold_PermitTyp_Unpacts

~~
f~.~~:~EiVED
UffiC@ Use ~IIly: Form Version March OS
USACE Action ID No. DWQ No. O to - ~ '7 8 to _ _ _
Qf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Ch 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
{ /~ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: ~~an;~, ~~ ~S
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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 >~ ~ ~ ~n/]
II. Applicant Information ~~:://
Dt=C 7 zoo6
1. Owner/Applicant Information o~~ta - wAi E:~ qua~trr
Name: ' ~ I YYl flub J,4t.71;T ~,t/,~~1'HNDS M10 ST(~tMW!~'1'!<R 64i1WGM
Mailing Address: ~a ~ 9 JoUP_.t-t ET DR--u ~
DU~.I,t-l 1-d~-lt.-tom, VIf~~~-tlA X2027- I1~5
Telephone Number: f7o3) X73 - l00'~3 Fax Number:
E-mail Address: J k<a I hers a~ a. n-j-e on . e o ~yl Jr~n~f--. Iti/a (}~ ~ na~~7 ~~C~ ~
~; r-~
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: TEP-1-'.Elx-E >~ DUFFS
Company Affiliation: YF.~~1-~E ~. DUFFy 8Ui t.Di~. 1~-!G -
Mailing Address: !~ 5 / V 5, D,d-LTat_.I 1?p'
Telephone Number:,
E-mail Address:
Page S of 12

III. Project Information
Attach a vicinity map cleazly 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 cleazly 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: 1-~EY~! ~Et(1~l~LL ,4t-ID ~Fz<=- f-aT 15
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): I ~ zz589
4. Location
County: ~~t~E~.FoQD~e- Co~--tT'1 Nearest Town: 1-fk1C.~ LyP.-~
Subdivision name (include phase/lot number): L~,tv~ry~ t~N'D~ ~x~ Pty ~ t--~-t' t S
Directions to site (include road numbers/names, landmarks, etc.): Tu2t-t oFF -ku,~f lo4l7~fd
5. Site coordinates (For lineaz projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 2~ ~ ~ °N g2. t Z. 5 ~ °W
6. Property size (acres): • 55 ,~G~ES
7. Name of neazest receiving body of water: ~~oPF~T`1 d5 ~-1 t-A~ I~u~ FEt~ v~f -ft-~~ ~~~
~-tl~Ei?
8. River Basin• R~O~
(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: y~(',~~X 1..~( ~ ~I D~UTIk~I-~ 0~1 LA-~ I.U~
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
ti~~-n~~~ ~ F~yiPrnEtirr" x [~o~U~~1~loU~41~ CaePE_~~y ~ ~~~~~ ~
R~-A-TE'~J -1"0O ~5 ~ ~Qvl ~VV1~"r-
11.Explain the purpose of the proposed work: {~oy1p~ A- u~ ~~u~A-t~i--
~ D PA~.~~'- nDI.,~L
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
~~
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open. water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and cleazly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
1. lPro~ide a wr~tten descrigYi~n of the proposed impacts;
111
C h
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se tel list im acts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
{e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Neazest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres) (~
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Iin act Impact
Length
lineaz feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres

Total Open Water Impact (acres) ~{-~
. vl u~
v ~ ~,~
Page 8 of 12

6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act acres • U
Wetland Im act (acres): d
O n Water Im act acres : -~fi--
Total Im act to Waters of the U.S. (acres) ~-
Total Stream Im act (linear feet):
.c~l~K=
., D (~t~
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes [c~ N
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. (, ~ ~ -~~ 6 ~~ -tie .~,,~ ;
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 lineaz feet of total impacts to perennial
streams.
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nation4vide
Permits, published in the Federal Register on January 15, 2002, 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 similzr
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 NCEEP 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/strm ~ide.htm I.
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 vietiv,
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 sep ~e sheet if more space is needed.
2. Mitigation may also be made by payment into the North Cazolina Ecosystem Enhancement
Program (1VCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:l/h2o.enr.state.nc.us/~vrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 ofNon-riparian wetland mitigation requested (acres):,
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUs /local) funds or the use of
public (federaUstate) land? Yes ^ No
2. 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 ^
3. 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 cleazly 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 (Taz-Pamlico), 15A NCAC 02B .0243 (Catawba} 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffe Requirements}, or other (please
identify )? Yes ^ No [c]~
2. If "yes", 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* ~ ,_ ~p~,~~ I Multiplier I Required
3 (2 for Catawba)
1.5
Total I I
• Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. _,~/~{
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. 0 ~ ~ ~ -- .{ ~7 s
i~ , ~~ .~~ , Ldf i_~ tt..rr~.~.l ~ v Vrc,rf~'f~c~ , ~,rtt~' h~~~~ w; ~ 1 _~ ~ r~~ ,, 4:..~ '_- ~ r~~~{
XII. 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.
~/fE
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No [~
Is this anafter-the-fact permit application? Yes ^ No Q~
XIV. Cumulative Impacts (required by DWQ}
Will this project (based on past and reasonably anticipated future impacts) result in addi 'anal
development, which could impact nearby downstream water quality? Yes ^ No [/„~
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
. r i r -t~a ~ ~; rn F
~~ ~Ga
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12