McDowell Co._401s_Historic_Regional Office Historical File Pre 2018

OF W AT
Q Michael F.Easley,Governor
I William G.Ross Jr.,Secretary
North Carolina Department of Environ ent a.nd Na1/t7ural Resoures c '
Alaan W.Mimek,RE��hector � -l
Division of Water Quality
March 3, 2005
DWQ Project# 04-1978
McDowell County
Mark Douglass Baker
970 Bat Cave Road
Old Fort, NC 28762
Subject Property: Baker Property
Culvert re-sizing, extension and replacement.
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baker:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 180 linear feet of streams for the purpose
of culvert replacement, extension and resizing at the subject property, as described
within your application received by the N.C. Division of Water Quality (DWQ) on
January 12, 2005. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3402 (GC3402). The
Certifications) allows you to use Nationwide Permit(s) 39 when issued by the US Army
Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-'discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given ,a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one ,acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below. .
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit NorthCarolinaA6ltllClllllJ
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
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mark Douglass Baker
Page 2 of 5
March 3,2005
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved (Units)
Stream 180 (feet) UT to Catawba
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version 'of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in, accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Mark Douglass Baker
Page 3 of 5
F March 3,2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetiands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall'be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
8. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
9. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance.of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.

Mark Douglass Baker
Page 4 of 5
March 3,2005 t
10.Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
-jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
11.Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from,
this Office must be obtained to modify this condition.
12.Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. 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.
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody 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.

Mark Douglass Baker
Page 5 of 5
March 3,2005
Installation of culverts in wetlands must ensure continuity of water movement and
be designed to adequately accommodate high water or flood conditions.
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/VVetlands Unit of the NC
Division of Water Quality upon completion of the project..
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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 Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the.'DWQ Asheville
Regional Office at 828-296-4657.
Since e� ,
Ian W. Klimek, P.E.
AW Klkhb
Enclosures: GC 3402
Certificate,of Completion
cc: USACE Asheville Regulatory Field Office
/Q s_heuill R-gLpratad Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 04-1978.Approval.Baker.McDowell.GC3402

OF W ATL-
`O� RQG Michael F.Easley,Governor
6 7 William G.Ross Jr.,Secretary
r• North Carolina Department of Environment and Natural Resources
© Alan W.Klimek,P.E.Director
Division of Water Quality
January 3, 2005
DWQ Project # 04-1978
McDowell County
Mark Douglass Baker
970 Bat Cave Road
Old Fort, NC 28762
Subject Property: Culvert Replacement, Extension, and Resizing
Additional Information Request
Project#: 04-1978
McDowell County
Dear Mr. Baker:
The Asheville Regional Office of the North Carolina Division of Water Quality is in receipt
of your request to resize and replace 100 linear feet of culvert in an Unnamed Tributary to
the Catawba River (classed C Trout). Upon preliminary review, this office finds your
application to be incomplete. You must address the following in order to complete your
application:
• Application Item III. 11. requires an explanation of the purpose for the proposed
work. While a purpose has been provided for the 100 linear feet of replacement,
no explanation of purpose for the extension has been provided. A clear reason for
the 80 linear feet of culvert extension must be provided.
• Application Item VII. requires a discussion of Avoidance and Minimization of
impacts. No discussion has been provided for the avoidance and minimization of
perennial streams on the property. A clear discussion of avoiding or minimizing of
impacts must be provided in order for the application to be considered.
Application item VIII. 1. requires a discussion of mitigation for the,proposed
impacts. As the cumulative impacts for this project will exceed 150 linear feet, in
kind mitigation must be provided for. The attachments do not provide any
description of proposed mitigation. Please review the instructions for Application
Item VI If. and provide suitable mitigation for the 180 linear feet of stream impact.
• Application Item XI. requires a discussion as to how stormwater collected on the
property will be managed to protect surface waters. Channelizing or piping
stormwaters to streams does not satisfy this requirement. A discussion regarding
the treatment and dispersion of collected stormwaters prior to discharge must be
provided.
NorthCarolina
401 Wetlands Certification Unit Naturally
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer—500/6 Recycled/10%Post Consumer Paper

Mark Douglass Baker
Page 2 of 2
January 3,2005
• Application Item XII. requires a discussion of how all wastewater generated onsite
will be managed. Some discussion as to how sewage is managed must be
provided.
In order for this office to process the submitted application, the above listed issues
must be addressed and submitted in writing to my attention at the Asheville Regional
Office within 10 calendar of receipt of this request. Failure to supply the requested
information in a timely manner will result in the return of this application as incomplete.
Should you have any question regarding this matter, please do not hesitate to contact
me at either Kevin.Barnett(&-ncmail.net or at 828-296-4657.
Sincerely,
Kevin H. Barnett
Environmental Chemist
cc: US Army Corps of Engineers, Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
McDowell County Building Inspectors Office
,�Ja�iet�,Ga�n� well, SurFace 1/W��ker 9'rot�ct�_,ion.Secfiion �..

O�W A TF
Michael F.Easley,Governor
William PxRags Jr. Secri't. d
North Carolina Department of Environment loilatu ral esou ces
bmm
'< Alan W.Klimek,P.E.Director
Division of Water Quality
January 3, 2005
DWQ Project# 04-1978
McDowell County
Mark Douglass Baker
970 Bat Cave Road
Old Fort, NC 28762
Subject Property: Culvert Replacement, Extension, and Resizing
Additional Information Request
Project#: 04-1978
McDowell County
Dear Mr. Baker:
The Asheville Regional Office of the North Carolina Division of Water Quality is in receipt
of your request to resize and replace 100 linear feet of culvert in an Unnamed Tributary to
the Catawba River (classed C Trout). Upon preliminary review, this office finds your
application to be incomplete. You must address the following in order to complete your
application:
• Application Item III. 11. requires an explanation of the purpose for the proposed
work. While a purpose has been provided for the 100 linear feet of replacement,
no explanation of purpose for the extension has been provided. A clear reason for
the 80 linear feet of culvert extension must be provided.
• Application Item VII. requires a discussion of Avoidance and Minimization of
impacts. No discussion has been provided for the avoidance and minimization of
perennial streams on the property. A clear discussion of avoiding or minimizing of
impacts must be provided in order for the application to be considered.
• Application item VI II. 1. requires a discussion of mitigation for the proposed
impacts. As the cumulative impacts for this project will exceed 150 linear feet, in
kind mitigation must be provided for. The attachments do not provide any
description of proposed mitigation. Please review the instructions for Application
Item VIII. and provide suitable mitigation for the 180 linear feet of stream impact.
• Application Item XI. requires a discussion as to how stormwater collected on the
property will be managed to protect surface waters. Channelizing or piping
stormwaters to streams does not satisfy this requirement.' A discussion regarding
the treatment and dispersion of collected stormwaters prior to discharge must be
provided.
NorthCarolina
401 Wetlands Certification Unit �QtlfCllt'�j�
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Intemet:http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mark Douglass Baker
Page 2 of 2
January 3,2005
• Application Item XII. requires a discussion of how all wastewater generated onsite
will be managed. Some discussion as to how sewage is managed must be
provided.
In order for this office to process the submitted application, the above listed issues
must be addressed and submitted in writing to my attention at the Asheville Regional
Office within 10 calendar of receipt of this request. Failure to supply the requested
information in a timely manner will result in the return of this application as incomplete.
Should you have any question regarding this matter, please do not hesitate to contact
me at either Kevin.Barnett(,@-ncmai1.net or at 828-296-4657.
Sincerely,
Kevin H. Barnett
Environmental Chemist
cc: US Army Corps of Engineers, Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
McDowell County Building Inspectors Office
Janet Cantwell, Surface Water Protection Section

E C
D
January 9, 2005
JAN 1 2 2005
WATER QUALITY SECTION
Kevin H. Barnett ASHEVILLE REGIONAL OFFICE
Environmental Chemist
Subject: Culvert Replacement, Extension, and Resizing
Reply to additional Information Request
Project #: 04— 1978
McDowell County
Dear Mr. Barnett:
I have tried to answer the question as best I could, however if you need additional
information please feel free to write or call me at 1-828-766-9710.
• Item III:11. Pipe=extension. -::__
The-reason for extending the pipe.40-ft.Ton the.lo.wer end.,was to protect the.
foundation of the house which is only.8 ft. off;the.creek bank,.at the,back,.
Corner of the building. The bank was eroding over time and was creating
Problems with the building. The pipe was only extended to the back corner
of the building
The reason for the 40 ft. extension on the upper end was to correct past erosion
and to be able to control the flow of water into the pipe at the intersection
of the two small streams, thus stoping future erosion.
Doing these extension at this time will minize the impact on the stream in the
Future.
• Item #VII Avoidance and Minimization of impacts
This property was purchased approximately 8 yrs. ago. Before I purchased this
Property the previous owner had placed debris from concrete curbs to help
control erosion, howerer at the upper end there were still periods of erosion.
At the lower end of the 100 ft. of pipe I had placed class 11 type rip rap along
the creek's edge but the side next to the house was-still eroding. -I waited
until--the'100 ft of-.pipe had..to be,replaced to correct these other two problems.
The-project-took.2 day stand the erosion-control_plans_;were,;.followed as described
ih the.:plans; with,seeding immediately after evcavation was finished to reduced
chance of erosion.

Page 2
• Item # VIII. 1. Mitigation
This project was reduced in size by 60 ft. The original plan was to extend
The lower end by 100 ft. to protect a shed on the opposite side of the house.
However it was reduced to minimize the impact to the stream. Only the
Amount of pipe necessary to protect the building and protect the stream
Intersection was used.
The pipe was also resized to allow for burial of pipe in stream bed and still
Allow increase in the capacity.
• Item #XI Stormwaters
Surface run off of approximately '/2 acre is channeled into exisiting catch
Basins which is separate from the 72 " cm . At the stream the stormwater
Will be returned to the channel with an inlet sedimationtrap of class B
rip rap rock.
• Item #XII Sewage
The Sewage generated on site is handled though a state approved septic system
Designed by McDowell County Health Dept.
Mr. Barnett, I hope this will answer your uestions.
Sincerely,
A014k g. ate.
ark D. Baker

Triage Check List
14la ss 'Sa, eF
Date: Project Name. l"
DWQ#: 9 73
County: I"1 G/a tL)a l
To: LJ ARO Kevin Barnett ❑ WaRO Tom Steffens and Kyle Barnes
❑ FRO Ken Averitte ❑ WiRO Noelle Lutheran
❑ MRO Alan Johnson ❑ WSRO Daryl Lamb
❑ RRO Mike Horan
From: �/U/ �MO\Y'-\ Telephone : (919)
The file attached is being forwarded to dour 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
�rMinimization/avoidance issues _
LJ )Buffer Rules ,
❑ Pond fill
Mitigation Ratios Rb .
U
El Ditching
El Are the stream and or wetland mitigation sites available and DEC 7 2004
Check drawings for accuracy
WATER QUALITY SECTIOiV
❑ Is the application consistent with pre-application meetings? ASHEVILLE REGIONAL OFFICE
❑ Cumulative impact concern
Comments.Vj- /1"
�j ea64-(�zrr� odAlge ol pro PC-�

o V-ce-
Aj
cc,-U

Office Use a `IV: Form Version May 2002
USACE Action ID No. _ DWQ N00 4 1 9 7
(If any particular item is nut applicable to this project,please enter"Not Applicable"or"N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
rIvi
Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
FXI 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:-�&Yt,# CCU Z
Pf�YMENT 3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
RECEIVED
4. If payment into the Nori:h 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. Owner/Applicant Information D �QWF P
Name: ,
DEC i
Mailing Ad ress:
er)lrp T C. D NR WATER Q A ITV
2 x, WETLANDS AND STORMWATER BRANCH
Telephone Number: t.l %�6' �,SG_ Fax Number:
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
DEC 1 7 2004
Page 5 of 12
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE

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 fbotprints 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: A /A
2. T.I.P. Project Number or State Project Number(NCDOT Only):
3. Property Identification Number(Tax PIN):_ 06_c. C)61 4,0
4. Location p County:_ 11�� ��u r!� Nearest Town:_ .-J
Subdivision name (include phase/lot number):
Dirertions to site (include road numbers, landmarks, etc.):
c -'
5. Site coordinates, if available (Ul'M 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):__ 2 ac,,eS
7. Nearest body of water (stream/river/sound/ocean/lake): Cal OLL.L 6J„ Ph.)CT"
8. River Basin:_ Cc la LA CA
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://Ii2o.enr.state.nc.us/admin/maps .)
9. Describe the existing conditions on the site and general land se in the vicinity of the project
at the time of this application:
Page 6 of 12
- , 1

1L,. Describe the overall proje t in et it includi g he type ofequipmynt to b used:
i q , rr C, frict, I
--
N In / li C yn
" CM , ,L
e
11. Explain the pu ose of the proposed work: 1 ��uCe p� �; •a��c� b'!`
1�_L�L PC ecC
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. DAY' 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. 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 V111 below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12

1. Provide a wri en description of the proposed impacts: P- ;rl 19T
AaAL
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma ) (acres) ( es/no) (linear feet)
* List each impact separately and identify 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 (FI MA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local tloodplain maps. Maps are available through the FFMA Map Service Center at 1-800-358-9616,or
online at http://ww1v fema�Lgv.
*** Lisi a wetland type that best describes wetland to be impacted (e.g.. freshwater/salt%vater 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:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma (linear feet) Before Impact leasespecify)
0 ell" r r r t
* 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 fiiotprint 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 US(;S at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites ako allow direct download and printing of' USGS maps (e.g., wwv.topozone.com,
www.mapquest.com,etc.).
Cumulative impacts (linear distance in feet) to all streams on site: J3r�LF
Page 8 of 12

4. Ind:-, dually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlahi,! ;
Ocean and u::•. other water of the U.S.) below:
Open Water Impact Area of Type of Waterbody
Site Number Type of Impact* Impact Name of Waterbody (lake,pond,estuary,sound
indicate on map) acres (if applicable) bay,ocean,etc.
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
5. Pond Creation
If construction of a pond i3 nroposed, 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.):
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 constr4ction to re uce impacts.
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 USAGE 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://l12o.enr.state.nc.us/ncwetIands/stmigide.htm1.
I. 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 ofthe current site conditions and proposed method ofconstruction. Please attach
a separate sheet it'more space isn ede . r I
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 IVN. For additional information regarding the application process for the
NCWRP, check the NC ARP website at http://h2o.enr_state._nc.us/wrr)/index.htm. If use of
the NCWRP is proposed, please check the appropriate hoN 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. En;'-•nnmental 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(919) 733-5083 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 Imnpets 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 V11 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 )?
Yes ❑ No ❑ If you answered "yes", provide t e 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 Multiplier Required
s uare feet Miflization
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
'`7^z-'
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 rop rty.
.:Z2 9 1 S�. �...� f' S' tim 'L n /
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.
A
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-the-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 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).
All-4
9.1 g- al
- r - �
Applicant/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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e;.
NCDENR
North Carolina Deoartment of Environment and natural Resources
Michael E. Easley,Governor William G. Ross,Jr.,Secretary
Gregor-J.Thorpe,Ph.D.
Acting Director
Division of Water(duality
WATER QUALITY SECTION
March 18, 2002
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
Subject: Notice of Compliance
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
On March 15, 2002, 1 inspected the stream and property in question, along with Mr. Kevin
Barnett of this office. I discovered that 30 feet of pipe had been removed from the stream in
question and the stream bank had been planted and restored. I want to thank you for your
cooperation in this matter.
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
Larry Frost
Environmental Technician
xc: Mike Parker
Tim Smith — USCOE
Dave Penrose/Todd St. John
Ken McFadyen
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

F \NATO Michael F.Easley,Governor
\O�� RQG men William G. Ross Jr.,Secretary
North Carolina D t of Environment and Natural Resources
rGregory J.Thorpe,Ph.D.
> _{ Acting Director
p Division of Water Quality
February 4, 2002
CERTIFIED MAIL— RETURN RECEIPT REQUESTED
Mr. Jimmy Loftis
P.O. Box 2448
Marion, NC 28752
Re: DWQ 010895
US Highway 70 East of Marion
McDowell County
Attn: Mr. Loftis:
On March 15, 2000, the Division of Water Quality wrote to you concerning your plans to fill an unreported amount
of acres of wetlands and/or 240 linear feet of streams regarding development in McDowell County. This letter informed
you that the project was incomplete and was being placed on hold until the additional information outlined in the letter was
supplied. To date, we have not,received this additional information. Unless we hear from you in writing within 3 weeks of
the receipt of this letter, we will consider that you no longer want to pursue this project and we will retire the file and
consider the application as withdrawn. Please be aware that reapplication for this project will require a Certification fee
and new applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
e Iel ours,
n Dorney
Wetlan 401 Unit Supervisor
Cc: File copy
Central files
Asheville DWQ Regional Office
Asheville Regulatory Field Office US Army Corps of Engineers
�. MAR ~ 7 2002 s
t LDENR
N. C. Division of Water Qualih, 1617!Rail Service Center Raleigh,NC 27699-1617 [phone] Customer Service
1 800 623-7748

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F.Easley., Governor Williarn G.Ross,Jr_Secretary
Gre,-Ory J.Thome_Ph.D.
Acting Director
Division of Water Quality
WATER QUALI TY SECTION
December 21, 2001
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
Subject: 401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
I spoke to Mr. Ken McFadyen, McDowell Assistant County Manager, this morning, he informed
me that you have decided to remove 30 feet of pipe from the stream in question and restore the
stream bank. I want to thank you for your cooperation in this matter.-,I would like to.request that once
the pipe has been removed and the stream bank has been restored that you call me. I will inspect the
completed work. Once I have confirmed that the needed work has been completed I will issue you a
notice of compliance.
I would like to remind you that natural vegetation should be used in the stream bank
restoration process; native trees, scrubs and grasses. Please do not use riprap to restore the stream
banks.
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
Larry Frost
Environmental Technician
xc: Mike Parker
Steve Chapin — USCOE
Dave Penrose/Todd St. John
Ken McFadyen
Asheville Regional Office,59 Woodfin Place,Asheville,North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled\1 10%Post Consumer Paper

'
IL
State of North Carolina
Department of Environment
and-Natural-Resources
Asheville Regional Office / •
Michael F.Easley, Governor William G. Ross,Jr.,Secretary NCDENR
Kerr T. Stevens,Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCE5
WATER QUALITY SECTION
July 10, 2001
CERTIFIED MAIL
"RETURN RECEIPT REQUESTED
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
Subject: Review of 401 Certification Application
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
I want to thank you for responding to the information requested on May 31, 2001. The 401
application you have submitted for the work proposed and already completed on your site, at US
Highway 70 East of Marion, has been reviewed. Based on this review additional information will
be needed before a determination can be made on the 401 Water Quality Certification. The
following is a list of items needed:
.Stornwater. A formal stormwater plan should be submitted for approval. Please refer to the
,_ . . attached document"STORMWATER BEST MANAGEMENT PRACTICES"for stormwater plan
requirements.
• Mitigation. The Division of Water Quality requires mitigation for stream losses exceeding 150
feet. Because your project exceeds this criteria you are required to submit a formal mitigation
plan for approval. Mitigation means that you will need to replace the loss of stream due to the
piping you installed in the unnamed tributary to the Catawba River. You can accomplish the
mitigation by finding a section of degraded stream equal to the length of stream piped and
repairing that stream into a stable properly functioning water body or you may be able to pay
into the N. C. Wetlands Restoration Program at $125.00/foot. Please refer to the attached
document "Internal Technical Guide for Stream Work in North Carolina" for mitigation plan
requirements. Also, included is a brochure from the Wetlands Restoration Program.
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
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Mr. Jimmy Loftis
July 10, 2001
Page Two
Your application is being placed on hold for our processing due to incomplete information.
This information is needed by the Division of Water Quality in order for us to decide whether this
project is approvable. By copy of this letter we are advising the Corps of Engineers of your project
status. Your processing time will begin once we receive a complete application.
Since you have already installed this pipe you remain in violation of 15A NCAC 2H .0500
and failure to mitigate for this stream loss or removal of the pipe to 150 feet will result in this office
recommending enforcement action against you.
The following is the address to which you should submit these materials;
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
L/y �
Environmental Technician
Enclosure
Ihike Parker
.- Steve Chapin — USCOE
Dave Penrose/Todd St. John
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
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MEMORANDUM
TO: John Dorney Regional �,dntact: Michael R. Parker
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jimmy Loftis County McDowell
Project Number 01 0895 County2
Recvd From APP Region; Asheville
Received Date 6/13/01 Recvd By Region
Project Type
Certificates Stream Stream Impacts (ft.)
Permit' Wetland Wetland Wetland. Stream Class Acres Feet
Type Type Impact Score Index Prim Supp. Basin Req. Req. -
39 Stream O Y OO N �— 11-(32) �� 30,830. 240.00 240.00
Mitigation Wetland
MitigationType Type Acres Feet
r
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude(ddmmss) Longitude (ddmmss)
Comments:
On Hold "Letter Sent 7/10/2001 requesting stormwater plan and mitigation plan.
cc: Regional Office
Central Office Page Number 1

N. C . DEPARTMEZ OF ENVIRONMENT AND
� vs.srArF° NATURAL RESOURCES
DIVISION OF WATER QUALITY
_ WATER QUALITY SECTION
, c ASHEVILLE . REGIONAL OFFICE
59 WOODFIN PLACE
*�QunM'A as
ASHEVILLE, NORTH CAROLINA 28801
PHONE : [phone] FAX: [phone]
TO: �/e P�.�.✓ Z�S
FAX # : /
FROM:
DATE: '7Z�
# OF PAGES INCLUDING THIS COVER: .3
MESSAGE: If questions, please call 828/251-6208 .

:ra
TRIAGE CHECKLIST
,;. Project Name:
Project Number: V/ C 8
CDIIIIt;I: / C
f
The attached proiec:has been sent to,you for review for the following reasons. Please consider whether a
site visit is aeere^:to determine the impacts-Particular aaendon should focus on the below checked creams_
Please feel free-to call the central once staff member assigned to your region if you need assistance.
Stream Ieng*h"impacted. -2,qO I
Stream determination(i.e.intermiaent or perennial,or any channelpresent).
Wedard impact and distance to blue-line suriac:waters on USGS topo trap.
Minimir�onlavoidance options-
_ NW 1=. (is access to highm-ound or wetlands)?
Ne'--a buffer rules.
Pond(water)fill(i.e.is the pond drainedd or holding water)?
Pond c=don(La.in uplands,in a draped caan.ne:,or in wetlands).Please locate streams and
channel(if any)so that the ceatr-ai office can do--- ne.
Midga-don ratios-
_ StormALLter pond placed in wetlands-
Ditching in wetlands.
Is the=pdc ant's proposed stye atnrwedand mitigation site available and viable?
Appli=Vconsultant has a history of non-i.omDiiaace(check,drawings and application for
Hs project been split from previous wort,to avoid midg3tlon requirements?
Consistent with pre-appEca-don meetings?
_ Cumuiadve impact concerns. L I- _ \ ,

State of North Carolina.
Department of Environment
--and Natural Resources
Asheville Regional Office •
k4ichael F. Easley, Governor
William G. Ross,Jr.,Secretary
Kerr T. Stevens,Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
May 31, 2001
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
Subject: Notice of Violation — Follow-up
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County
Dear Mr. Loftis:
I want to thank you for responding to the information requested on April 17, 2001. However,
before further action can be taken on your certification request more information is required.
Please see the attached page 1 of 12.and 2 of 12 of the Pre-Construction Notification (PCN)
Application Form. On page 2 of 12 you must submit all of the information required in the section
401 Water Quality Certification or Buffer Rules, including seven copies, all USACE Permit
material and a check for$475. A completed package should be submitted to the Central Office in
Raleigh.
The following is the address to which you should submit the materials;
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
1f you have any questions regarding this matter please contact me at [phone].
Sincerely,
rn
Larry F ost o
Environmental Technician
Enclosure
xc: Wetlands Unit
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
,1
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

Office Use Only: Form Version Apri12001
USACE Action ID No. DWQ No.O 10 8 9 5
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this roj�jct:
Section 404 Permit- v-a ,6een cej-,� - s� ei4403fcLM
Section 10 Permit
V401 Water Quality Certification
Riparian or Watershed Buffer.Rules
2. Nationwide, Regional or General Permit Number(s) Requested: "4_ aca o 1 rlc�T�o
.,�f 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 (NC)RP) is proposed for
mitigation of impacts (see section VIII-Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name.- . . err JV4 Y
Mailing Address: ,Qo Y
-' /► !J. C. 2 _A_
Telephone Number: 3A Fax Number: --�
E-mail Address:
/2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12

Project Information
" Attach a-vicinity
such ty towns, rivers, and roads.
the location of
the Property with respect r local
boundaries and development Also provide a detailed site plan showin
and site lan Pment plans in relation,to surrounding properties. Both g property
impervious surfaces,orlude a other fac lines d north the vicinity ng
�'ov'• The specific footprints of P
include the appropriate .must be included. If possible, the ma s �1 buildings'
boundaries outlined. Plan SGa Topographic Quad Ma P and Plans should
P and MRCS Soil Survey with the property
so long as the roe wings, or other maps may be included at the With
discretion
property riy is clearly defined. For administrative and distribution
USACE requires information to be submitted on sheets no larger than '
however, D W Purposes, the
Q may accept paperwork of any size. DW g an I 1 by 17-inch. format;
drawings rather than a sequential sheet version of the full-size plans.
reduced to a small scale such that the final versionQ Prefers full-size construction
the Project has been placed on hold until decipherable ma illegable, the apl'cantlwill full-size plans are
s ar provec�ed. mf°tined that
1• Name of project: CcEL�/ l!a -io n
5
2. T.I.P. Project Number A
(NCDOT Only): � kW4 u'Lt-�.
3. Properly Identification Number(Tax P M��o of�0�-OL« �C �d/ems o,—
4. Location
C
County:7AAtc:C'
Subdivision name (include phase/lot nuinber)Nearest Town: �j-/ /7 �� C
Directions to site (include r ad numb mark
-numbers,lands, et : °r'✓e 'w p we
ass �,.-,•. r.
5. Site coordinates, if available _
(UTM or LatlLong): ,5'•w•-ye /�� )
(Note—If project is linear, such as a road or utility line, attach a sheet that s Q—'—
coordinates for each crossing of a distinct waterbody.) _ eparately fists the
6. Describe the existin Land use or condition of the site at the o d time of this application:
u e e%ar P-o /eme.
° t- l r- Je AIG a af4 i rx e 7. Property size (acres):
8. Nearest body of water(stream/river/sound/ocean/lake : /
)
9. River Basin: �w6� • f ° 'vr. t� we ,
(Note this must be one of North Car
ina's seventeen
dia� ~un
River Basin map is available at h t ://h2o•e signated major river basins. The
nr.state.nc us/adnandma s/.)
Page 4 of I2

10. De cribje t e purpose of the proposed work:_ .
11. List the type of equipment to be used to construct the project:_C°u /vet--1
12. Describe the land usLe in the icinity of this project: iVeWa � srrr�l
IV. Prior Project JEIistory
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 chedules.
� a/
V. Future Project Plans
Are any additional permit requests 'anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
e e er 'ss� e e a
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 5 of 12

1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
* List each impact separately and.identify 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 http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map)- (linear feet) Before Impact (please specify)
S, C 14 ve 0
Q
* 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 lossigain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.corn,
www.mapquest.com,etc.).
Cumulative impacts (linear distance in feet)to all streams on site:
Page 6 of 12

i" Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Type of Waterbody
Site Number Type of Impact* Impact Name p Watble) (lake,pond, estuary,sound,
(indicate on map) (acres) (if applicable) bay, ocean,etc.)
Sag, ,!Y/ 40 `-it kilel
//a/� �p yr e s5�
6tpp r�
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
Pond Creation C/V'10 �D�'t!J /n
If construction of a pond is proposed, asso6iated 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 ED stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It-may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, Idwer-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 fo owed duri�}g construction to r duce impacts
e.e ed ra n e ro 'e a. �-
Y
1 VFI�
!1 ` c c % O u •�-�
+ ;4-A !-vn�
Page 7 of 1.2

'VH1. Nfitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may'be required by the NC-
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions. and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation'plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical. Guide for Stream Work in North Carolina, available at
http://1-12o.enr.state.ne.us/newetlands/stn-ngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin,.type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a 7ate sheet if more sp e is n eded.
a
i D er-E DY�c_
- er
Page 8 of 12

r 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's.written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httD://h2o.enr.state.nc.us/wrp/index.htTn. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: ll /
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested(square feet): I!h
Amount of Riparian wetland mitigation requested(acres): /D
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes 0 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.(9.19) 733-5083 to review current thresholds for environmental. documentation. . .
Yes F-] 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 El No El
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VE 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 �?
Yes (] No If you answered"yes", provide the following information:
Page 9 of 12

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.
Impact Zo (square feet Multiplier Required
) Mitigation
1 3
1.5
Total
* Zone l extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
i
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream fr9q-m th property.
G� vey— f"a I A 20 to— i i — e O
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or. discharge) of
wastewater gener ted fro the proposed project, or available capa ity of the subject facility.
O e �s-c
Co/'10E �'►S',
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211 .0500) or any Buffer Rules?
Yes ❑ No
Is this an after-the-fact permit application?
Yes El No
Page 10 of 12

a '
-XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, acce sibility roblems, r other issues outside of the applicant's ntrol).
� Cu�ve ra�� o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers ]Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville,NC 28801-_5006 Cabarrus Graham- Madison - Stanley
Telephone:[phone] Caldwell Haywood McDowell. Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh,NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington,NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington,NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Page 11 of 12

w
US Fish and Wildlife Service/National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 ZilEcoa Street Pivers Island
Raleigh,NC 27636-3726 Asheville,NC 28801 Beaufort,NC 28516
Telephone: [phone] Telephone:[phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh,NC 27699-1650 Raleigh,NC "27699-1619 Raleigh,NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax:[phone] Fax:[phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh,NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone:[phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville,NC 27284-9180 Avery Stokes .
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville,NC 28786 Clay Macon Swain
Telephone:[phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200031262 County McDowell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. Jimmy Loftis
Address: P.O. Box 2448
Marion, NC 28752
Telephone No.:
Size and Location of project(water body, road name/number, town, etc.):
Hwy 70 West across from SR 1430; west of Marion
Description of Activity:
Install an approx. 80 LF culvert in an unnamed tributary to the Catawba River for the
purpose of improving access to the property and property aesthetics.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 39 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in. strict accordance with the attached conditions, those conditions outlined in the enclosed
NCWRC letter, and your submitted plans. For any activity within the twenty coastal counties, before
beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve.the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date October 5, 2000
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification October 5, 2002
CESAW Form 591
Revised July 1995
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State of North Carolina
Department of Environment
Asheville Regional Office • 0
Michael F. Easley, Governor William G.Ross,Jr.,Secretary NCDEN'R' -
Kerr T. Stevens,Director NORTH CAROLINA DEPARTMENTI OF
Division of Water Quality
ENVIRONMENT AND NATURAL RESOURCES
-
WATER QUALITY SECTION
; r
May 31, 2001
Mr. Jimmy Loftis
Post Office Box 2448
Marion, North Carolina 28752
Subject: Notice of Violation — Follow-up
401 Water Quality Certifications Violation
.US Highway 70 East of Marion
McDowell County
I
Dear Mr. Loftis:
I want to thank you for responding to the information requested on April 17, 2001. However,
before further action can be taken on your certification request more information is required.
Please see the attached page 1 of 12 and 2 of 12 of the Pre-Construction Notification (PCN)
Application Form. On page 2°of 12 you must submit all of the information required in the section
_-401:-—ater.._Quality_Certification or-Buffer Rules, including -seven copies, all_-USAGE Permit-------
material and a check for$475. A completed package should be submitted to the Central Office in
Raleigh.
The following is the address to which you should submit the materials;
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
If you have any questions regarding this matter please contact me at [phone].
Sincerely,
Larry F ost
Environmental Technician
Enclosure
xc: Wetlands Unit
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

. r
State of North Carolina
Department of Environment
an aura . Resources - -
Asheville Regional Office AMOV•
t
Michael F.Easley,Governor William G.Ross,Jr.,Secretary NCDENR
Kerr T.Stevens,Director NORTH CAROUNA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
April 17, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jimmy Loftis
1 Pleasant Garden Church Road
Marion,North Carolina 28752
Subject: Notice of Violation
401 Water Quality Certifications Violation
US Highway 70 East of Marion
McDowell County.
Dear Mr. Loftis,
--On the week of January 7,'2001-the staff of the Asheville Regional-Office observed that portions
of the unnamed tributary to the Catawba River that runs through your property in the Pleasant Gardeli
community had been culverted and/or filled. On January 17, 2001 the subject property was inspected'by
Water Quality Section staff and it was determined that indeed there was 240 feet of stream culverted
and/or filled. On January 23, 2001 you were contacted by phone.At that time you informed Larry Frost of
the Water Quality staff that you had had 60 feet of culvert in place and that you had received a permit)
from the US Army Corps of Engineers for the installation of an additional 80 feet of culvert. Furthermore,
you stated that rather than installing the permitted 80 feet you installed 180 feet, for a total of 240 feet. It
has, therefore,been determined a proper 401 Water Quality Certification has not been obtained for this
activity, required pursuant to 15A NCAC 2H .0500. The above violation may be subject to a Civil Penalty
Assessment of up to $25,000 per day.
This office requests that you provide a written response within ten(10) days following the receipt
of this letter outlining; your plan to apply for and obtain a 401 Certification(application enclosed) foriyour
project, and a plan either to remove all culvert which exceeds a total of 150 feet and restore the steam
banks with native vegetation, or mitigate the existing project. It is recommended that you contact your
local NRCS office for mitigation sites.
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

Jimmy Loftis
Page 2
If you have any questions regarding this matter please contact Larry Frost or myself at (828) 251-
6208.
Sincerely,
Forrest Westall
Water Quality Supervisor
Asheville Regional Office
Enclosure
Xc: Wetlands Unit
Mike Parker
Lary Frost
59 Woodfin Place,Asheville North Carolina 28801 'telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

0.
WA7-�;
A
Pre-Construction Notification (?PCN) Application Forms
For Section 404 and/or Section 10 Nationwide,Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
httn://www.saw.usace.army:mil/wetlands/Penn app htm.
- The.USAGE::is_-the -lead-regulatory agency.-- review the-requirements for the -use-of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at httl)://www.saw.usace.gmy-mil/wetlands/regtour.ht-in, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http:/Pa2o.enr.state-ne.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC)matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at(919)733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12

a
CAMA Coordination- If the project occurs in any. of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone].- DCM.will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at htt-o://www.saw.usace.gM.mil/wetlands/nwpfinalFedReg.pd
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules -All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than-one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of$200 is required. If either of these thresholds is exceeded, then a fee of$475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://1-12o.ehnr.state.nc.us/newetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If'written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response.to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12

4
Office Use Only: Form Version Apri12001
USACE Action 11)No. DWQ No.
If any particular item is not applicable to this project,please enter "Not Applicable" or '-'N/A" rather than
leaving the space blank. -
1. Processing 4IY�' '`: `n �5
1. Chpck all of the approval(s) requested for this project: w�� d
Section 404 Permit
Section 10 Permit
401 Water Quality Certification t
Riparian or Watershed Buffer.Rules
2. Nationwide,Regional or General Permit Number(s) Requested:
r�l�'er►n� =L�rot$�.yd�
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII—Mitigation), check here:
� �•+ors p 4- 1
H. Applicant Information
1. Owner/Applicant Information{
=Name: m 64 JZ .w e
Mailing Address: 1A, 6 LAST c
Telephone Number . -�/' ` Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12

III. Project Information
Attach a-vicinity snap 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.dec herable maps are p ovidedd.•-
LJ i�4ti'11� � � ./�r`•z ':e� � i� ham`E'a[[ ��'.�`�C_�
1. Name of project: ,01/., 70 U��p�?� L'!�s I' �/i .�' 1 ��; bs��' c� 4 A
2. T.I.P. Project Number(NCDOT Only):
�, ;jG% f�flG��?�.!i' 1
3. Property Identification Number(Tax PIN): ���-�, (Ji W� O /ley_
4. Location
County: = ��• / Nearest Town: _ `'`'i
Subdivision name (include phase/lot number)*.- ;
Directions to site (include road numbers,landmarks, �s.
dmarks, etc.): „� 6 a zf�'f' S
f � V /
5. Site coordinates, if available (UTM or Lat/Long): fC1
(Note-If project is linear; such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land se or condition of the site at the time of this applij�atio
7. Property size(acres): re i �,J Alt",Peek bL�� J ' 9 "i,
�
8. Nearest body of water(stream/river/sound/ocean/lake�}� i-e8,t'1 (urlylamcd
�' ,
9. River Basin: IVJ > 'a" f/,ifa �' r r`Al � iC IO& >d�'i`' _" ®ye
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at 1-ittp://132o.enr.state.ne.us/admin/mgs/.)
Page 4 of 12

10. Describe the urpose of the,proposed work: /�� fr c�_Il a 114 f`! r�_ ,7 -41'
al rzfe-
11. List t � pe f equ* en to be used to consct the project: . ,
12. Describe the land use in the vicinity of this project:
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 previous y 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 sc edules. ^/® J p J
v
V. Future Project Plans
Are any additional permit requests anticipated for this project in tke future? If so, describe the
anticipated work, and provide justif c tion for the exclusion of this work fro the c rrent
app) cation; y �' �s 3_ -✓�`t ! '�' 9� _ , ci7�cy1
nmvic,
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 5 of 12

/Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
* List each impact separately and.identify 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
(FIRWT ,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.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
i
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to: culverts and associated.rip-rap,
dams (separately list impacts due to both structure and flooding), relocation(include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com,etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1
Page 6 of 12

I Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake,pond,estuary,sound,
(indicate on map) (acres) bay, ocean, etc.).
J iyo
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4�nd 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 7 stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VH. 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 4uring constructio to reduce impacts. _
i It, 4% L� /-cz-rlir' PI-6 tKee
v-i 10pscad o -'zs e'r- ! _ ,fie- roc Utz: ,P-
Page 7 of 12

VM. ldfitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation ay*be required by the NC
Division of Water Quality for pr— 'rejects involving greater than or equal to one acre of impacts to
-Tres water wet an s or grea er an or e ual to 150 linear feet of total-Imp-acts to perennial
s earns. -
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 water such waters 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
2— //h2o.enr.state.nc.us/ncwetlands/stnngide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin,.type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate/she"separate/she"t if more space is ileeded. / r;
M
V.
L
L
Page 8 of 12

2. Mitigation may also be made by payment.into the North Carolina Wetlands Restoration
Program (NCWRP) with.the NCWRP's.written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available "as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httn://h2o.enr.state.nc.us/wrp/l*ndex.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): i�.
Amount of buffer mitigation requested(square feet):
Amount of Riparian wetland Mitigation requested(acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes 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.(91.9) 733-5083 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 E] No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other(please identify )?
Yes No If you answered"yes", provide the following information:
Page 9 of 12

' r
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigatio is required calculate the required amount of mitigation by applying the buffer
multip iers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
/ * Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required,please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement,Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the pr perot
ty�
XII. Sewage Disposal (DWQ Only)
Clearly detail the -ultimate-treatment methods and disposition (non-discharge or. discharge) of
wastewater generated from t e proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes No
Is this an after-the-fact permit application?
Yes El No
Page 10 of 12

XIV. Other Circumstances (Optional):
It is:the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for-these_permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other 1 sues outside of the applicant's control).
,�246
(fW
Applican'Agent's igna e Date
(Agent's signatur is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville,-NC-2880-1-5006-------- --- --- Cabarrus Graham- Madison-- Stanley _..
Telephone:[phone] Caldwell Haywood McDowell. Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh,NC 27615 Chatham Granville Orange Wake
Telephone:[phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden. Gates Martin Washington
Washington,NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone:[phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Dupa Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington,NC 28402-1890 Carteret Montgomery Robeson
Telephone:[phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Page 11 of 12

ITS Fish and Wildlife Service/National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh,NC 27636-3726 Asheville,NC 28801 Beaufort,NC 28516
Telephone: [phone] Telephone:[phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh,NC 27699-1650 Raleigh,NC '27699-1619 Raleigh,NC 27699-4617
Telephone:[phone] Telephone:[phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax:[phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh,NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone:[phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville,NC 27284-9180 Avery Stokes .
Telephone:[phone] Burke Surry
Mountain Region Coordinator' Buncombe Henderson Polk
20830 Great Smoky Mtn.Expressway Cherokee Jackson Rutherford
Waynesville,NC 28786 Clay Macon Swain
Telephone:[phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12

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SENDER: COMPLETE THIS SECTION
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■ Complete isems 1,2;•and 3.Also complete A�eived by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the
so that we can return the card to u.00A C. Signature
■ Attach this card to the back of e ®� L4etfr,,
El Agent
or on the front if space permi ❑Addressee
D. I elivery ad essm 19 ❑Yes
1. Article Addressed to:
If YES,enter delivery address below: El No
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POST OFFICE
1vaf9.M0,PS, NC 287-52 3. Se e Type
Certified Mail ❑ E ess Mail
❑ Registered Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
PS Form 381 1;July 1999 " ` + Domestic Return Receipt 102595-99-M-1789

UNITED STATES POSTAL SERVICE rr t __ -— First-Class Mail--.. :---
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MR. LARRY FROST
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SECTION?ENDER: COMPLETE THIS . DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. C. Si ature
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. /�"� ❑Addressee
D.As delivery add ss different from item 1? ❑Yes
1. Article Addressed to: /If YES,ente deligeg address below: ❑ No
MR. JIMMY LOFTIS
1 PLEASANT GARDEN CHURCH ROAD,,
Z
MARION, NC 28752CW.
Type �. ..v rtlfiep'Maih'17 ress Mail
❑ Re�gstdrdd Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service lab'e/l
7 q(2 1� tS
PS Form 8811,July 1999 Domestic Return Receipt 102595-99-M-17e9

UNITED STATES POSTAL SERVICE�� a= EFirst::CIass-MaiI,--
age-&--Fees_Paid•--°
North Carolina Department of
c®ENR Environu-, rit and Natural Resources
_...:K. . 519 Wood WO Place Asheville,NC 28801-2414
XV of WATER QUAL14Y
TO: MR. LARRY IJ.OS';
NCDENR - DWQ -- ;VifS
59 WOODFIN PLACE
_=1SIIEVILLE, NC 28901
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