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HomeMy WebLinkAboutPolk Co. - Historic 401sMichael F. Easley, Governor OF Fq _ U 1 William G. Ross Jr., Secretary Q(� North Carolina Department of Environment and Natural Resources. r Alan W. Klimek, P.E., Director —i O Y Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Of T June 30, 2003 Polk County JUL 7 2003 , DWQ Project #: 03-0765 Town of Columbus Post Office Box 146 Columbus, NC 28722-0146 Subject Property: Town of Columbus Wastewater Infrastructure Improvements APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE To Whom It May Concern: You have our approval, in accordance with the attached conditions, to impact 0.02 acres of wetlands and 30 feet of stream for the purpose of installing a utility line as you described in your application dated June 16, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3374, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or-CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you -may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided -in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form. and return it to the 401/Wetlands Unit of the Division of Water Quality. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the'above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter TSOB' of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike.Parker at our Asheville Regional Office at 828-251-6208. Sincerely, NV Attachments cc: Corps of Engineers Asheville Field Office Asheville DWQ-RegionallOffice File copy Central Files Britt Feldner, The Brigman Company, Inc, 900 B Main Street, Conway, SC 29526 W ATF Michael F. Easley, Governor R . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director CO p 'C Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 30, 2003 0 ! Polk County i DW Project #: 03-0765 JUL - 7 2003 Q � Town of Columbus Post Office Box 146 Columbus, NC 28722-0146 Subject Property`. Town of Columbus Wastewater Infrastructure Improvements APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE To Whom It May Concern: You have our approval, in accordance with the attached conditions, to impact 0.02 acres of wetlands. and 3 feet of stream for the purpose of installing a utility line as you described in your application dated June 16, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3374, which may be viewed on our website at http://h2o.enr.state.ne.us/newetlands. This certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a . new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax),(http://h2o.enr.§tate.nd.uslncwetlands Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of+the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker at our Asheville Regional Office at 828-251-6208. JRD/bs Attachments cc: Corps of Engineers Asheville Field Office AshevlleDWQ Regional_Office File copy Central Files Sincerely, an im, P.E., Di ctor . Britt Feldner, The Brigman Company, Inc, 900 B Main Street, Conway, SC 29526 ARCHITECTS ENGINEERS PLANNERS 23 June 2003 Ms. Teresa Rodriquez Construction Grants and Loans Section 1633 Mail Service Center Raleigh, NC 27699-1633 Re: Review Comments Town of Columbus Wastewater Infrastructure Improvements Project No. E-SEL-T-03-0035 HSMM Commission No. 60194.11 Dear Ms. Rodriquez: I. am enclosing a letter to the Corps of Engineers (COE) requesting a wetlands verification and the issuance of a COE nationwide permit #12 for the Columbus project. Sincerely, HSMM an M!P a on, P.E. W� Senior Project Manager DMcP/abh Enclosures: as noted Copies to: Mr. Glenn Rhodes - Foffest�W6 tall Hayes, Seay, Mattern & Mattern, Inc. ARCHITECTS ENGINEERS PLANNERS 145 North Church Street PO Box 2646 Spartanburg SC 29304 Tel.:864.585.0185 Fax:864.585.1504 www.hsmm.com +TH6C MAN COM PANY June 10, 2003 Mr. Steve Chapin Asheville Regulatory Field Office US Army Corps of Engineers ,. 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 RE: Town of Columbus Wastewater infrastructure Improvements Polk County, North Carolina Dear Mr. Chapin: JUN 2 3 2003 �J The Town of Columbus is planning to Bed and Backfill 7 crossings consisting of Waters of the US and wetlands on site. The. proposed activities will occur mostly adjacent to the existing wastewater infrastructure near the town of Columbus, North Carolina (see Location Map). The Brigman Company, Inc., acting as agent for the applicant, seeks a wetland verification and the issuance of a U.S. Army Corps of Engineers Nationwide #12 Permit to accomplish the development objective for the referenced project_ Enclosed please find a request for wetlands determination and a pre -construction notification form along with the following: • Project Location Maps • USGS Topographic, Maps • Plan View (Pages 3110 thru 9110) • Section View (Page 10/10) • Representative Photos • Request For -Wetland Determination ication or require additional information to complete If you have any questions concerning the appl the approval process, please do not hesitate to call me. Sincerely, ladner 9— Wetland Ecologist CC' Dan McPherson - Applicant John Domey — NCDENR WWW.ThEbRigMANCOMPANy.COM 41 -� wF B R G M A N C O M-PAN Y 1 N C O R P O R A T E D - June 10, 2003 Mr. Steve Chapin Asheville Regulatory Field Office US Army Corps of Engineers 4^ "NED 03 0 u � 151 Patton Avenue, Room 208 6,6 JUN 3 2003 Asheville, NC 28801-5006 RE: Town of Columbus Wastewater Infrastructure Improvements (Polk County, North Carolina Dear Mr. Chapin: The Town of Columbus is planning to Bed and Backfill 7 crossings consisting of Waters of the US and wetlands on site. The proposed activities will occur mostly adjacent to the existing wastewater infrastructure near the town of Columbus, North Carolina (see Location Map). The Brigman Company, Inc., acting as agent for the applicant, seeks a wetland verification and the issuance of a U.S. Army Corps of Engineers Nationwide #12 Permit to accomplish the development objective.forthe referenced project. Enclosed please find a request for wetlands determination -and a pre -construction -notificatio L5 l5 tl l/ form along with the following: J1UJN 3 O M • Project Location:Maps __ • USGS Topographic Maps WANT • Plan View (Pages 3110 thru 9110)r- • Section View (Page 10/10) • Representative Photos • Request For Wetland Determination If you have any questions concerning the application or require additional information to complete the approval process, please do not hesitate to call me. Sincerely, Britt A. Feldner Wetland Ecologist cc: Dan McPherson - Applicant John Domey — NCDENR . WWW.TliEbRigMANCOMPANy.COM P_0. Box 1532 - CONWAY, SC 29528 .(043) 248-9388 . FAX (843) 248-9596 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ❑ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ H. Applicant Information 1. Owner/Applicant Information Name: Town of Columbus Mailing Address: P.O. Box 146 Columbus_ NC 28722-0146 Telephone Number: (843) 248-9388 Fax Number: (843) 248-9596 E-mail Address: bfeldner@,thebrigmanco!pp@Lny.com 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: Britt A. Feldner Company Affiliation: The Brigman Company Inc Mailing Address:' 900B Main St. Conway, SC 29526 Telephone Number: (843) 248-9388 Fax Number: (843) 248-9596 E-mail Address: bfeldner@thebri.grnancompaLay.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Town of Columbus Wastewater Infrastructure Improvements 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax 4. Location County: Polk Nearest Town: Columbus Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.)See attached Location map 2/10 and USGS Topographic Map 1/10 5. Site coordinates, if available (UTM or Lat/Long): (Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 23751.94' x 25' = 13.63 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Horse Creek S. River Basin: Broad River (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The sewer line route crosses a variety of land types including forest/ag., pasture areas existing sewer line right-of-ways and existing road right-of-ways. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The Town of Columbus is proposing to make wastewater improvements and additions to their existing system to accommodate growth in the area. The type of equipment to be used during, construction will consist of typical land grading equipment such as back -hoes, trac-hoes and bulldozers. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to construct and install a new 18" interceptor, 10" sewer line, 10" „rg avky line, 12" gravity line, 8" sewer line and 8" gravity line to accommodate the Town of Columbus. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. At this time we are unable to determine any definite future impacts to wetlands or Waters of the 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 Page 7 of 13 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. 1. Provide a written description of the proposed impacts: The proposed project will impact approximately 30 linear feet of perennial and intermittent streams and 0.02 acres of freshwater wetlands to make improvements to the existing sewer system in the town of Columbus. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Crossing #5 Bedding & Backfill 0.02 Yes 10, PEMI * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://Nvx,,ryv.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.) 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: 0.10 Total area of wetland impact proposed: 0.02 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im ct Perennial or Intermittent? (please specify) Crossing #1 Bedding & Backfill 5' Not Named 16.14' Perennial Crossing #2 Bedding & Backfill 5' I Not Named 11.30' Perennial Crossing #3 Bedding & Backfill 5' 1 Not Named 11.71' Perennial Page 8 of 13 Crossing #4 Bedding & Backfill 5' Not Named 11.28' Intermittent Crossing #6 Bedding & Backfill 5 Not Named 11.20 Perennial Crossing #7 Bedding & Backfill 5' Horse Creek 16.06' Perennial 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 losstgain), 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 ,xww.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 30' 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name p Wate) licabllee) (if applicable) Type of Waterbody ' pow'sue' (lake a sound, 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. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands Describe the"method of -construction (e.g., dam/embankment, excavation;--installation-:of draw -down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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 Page 9 of 13 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The impacts to the intermittent and perenneal streams within the project area are unavoidable due to the location and distribution of streams near the Town of Columbus. Also the impacts will be temporary and in some cases will follow existing sewer line right-of-ways. VM. 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. USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits; published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in -DWQ's Draft.. Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmQide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed due to the fact that all impacts to wetlands and Waters of the US will be temporary Page 10 of 13 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non -riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ❑ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (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 Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion: Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Page 11 of 13 Yes ❑ . . No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s feet) Multiplier Required ny tion 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 (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. All necessary sediment and erosion control measures will be taken during project construction. 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. Not applicable XM. 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 Page 12 of 13 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).- ApplicantlAga s Signature 4 DaX, (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 ``�\_ y, � •:��.'!/•.• i�ii /ram �:�`ir ' .J ( ! "`.l. 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( i �^\ � � • is 1, ,l\ r'"� /•0 �' I O 1 ,j' I � 1_ ` ] iL° ` - O i r// rJ �\=% �Ji � \ 5� .�� \._ } i per\ �+. o �.� ?yZ\��.,//' v! /'.�\ t' `1 / _ !!e'. yyt � " •�:��, ✓ 1\ t i s-_-• C,�c 1 i 'e�Jn 1,1 o `7 = �o-,.-.,V �•i��;��`.: �� / .!'��, r'11l l'�` `,\�\.`�(l'���\')J )�-.,�}' %� --.:i � \"ice j . ,,q. f/ '�'d ~ pA ii_ \'.. M1 i 1 .�_ r1JJ � i'•• 2t1t�a •�Iiil it i'` 406- rf __ ,! U•..� '-� - �,�Y ,. !: % .• $°- Zs i,�• \• -.__ • \/ :�. � tt _�cr``-�. \�Jf A � fl V' �' .. ` ` �^` • . ^`Ya•".' I� : e.•'` .,yam \ '.l � \) ,o C • it 1 /--� e .__ � . { .J• (, .�1''' __ ... ,� _ {1'. -����5 /�` �..'1 f�� � jC 5\ U\ �/ '°`-•\� � -' 3Fi;� (REE�J \ _��� '/i �l � i ' �`'.� ~} (_ /�4�-fi'S\ •. ���' \ \ II % ( l i-` ✓ � � ,yIi ���1 r't/1�'V � i t •` -,. � f � ••• � �l �\' , • _ ' 11 5�--i �` :� ,� �I � �' ,i � ` in l� LCCIiLG_ D ;ice.- /R, V � Cc•Jp " ri r � ( 1 zmum at 3jr f 6 jjj 1 8 W fA C7 a q a a N O 0 0 10 0 i AGENT: THE BRIGMAN COMPANY, INC., P.O. BOX 1532, CONWAY SC 29526 843 248-9388 FAX: 843 248-9596 If Wke U it io i \ t , �y F ' o ., coNSrq�c F 0 �pP CROSSING #1 16.14'x5' ) xo' BEDDING AND BACKFILL , , DATE \JDBS\2002\00296-03041\DRAWNGS\PERMIT / / , 9� APPLI( SCALE IN FEET 50' 0 50' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA NATIONWIDE PERMIT #12 APPLICATION 5/30/03 PAGE %TION NO. CREEK WIDTH 16.14' TRENCH WIDTH 5' BEDDING & BACKFILL 0.0018 ACRES WETLAND EXCAVATION N/A UPLAND BUFFER N/A WETLAND PRESERVATION N/A WETLAND RESTORATION N/A e r414PREP °Nf EX. 4' MH RIM 1034.48 14+21.89 MH = 0+00.00 MH RT. GRAVE DRIVE PP x \�I Lx --� SSING #2 (11.30'x5') DING AND BACKFILL MOBILE HOME pROp sFw FR ��NF MOBILE HOME / SCALE IIIPIPEET 50' 0 50' CREEK WIDTH 11.30- PLAN VIEW TRENCH WIDTH 5' TOWN OF COLUMBUS SEWER PROJECT BEDDING & BACKFILL 0.0013 ACRES POLK COUNTY, NORTH CAROLINA WETLAND EXCAVATION N/A NATIONWIDE PERMIT#12 APPLICATION UPLAND BUFFER N/A DATE: 5/30/03 PAGE 4/10 WETLAND PRESERVATION N/A APPLICATION NO. WETLAND RESTORATION N/A PEAK ST. S.R. 1533 CROSSING #3 (11.71'x SCALE IN FEET 50' 0 50, iiiiia PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA NATIONWIDE PERMIT #12 APPLICATION DATE: 5/30/03 APPLICATION NO. PAGE 5/10 CREEK WIDTH TRENCH WIDTH BEDDING & BACKFILL WETLAND EXCAVATION UPLAND BUFFER WETLAND PRESERVATION WETLAND RESTORATION 11.71' 5' 0013 ACRES N/A N/A N/A rl 27+25 27+3: CREEW GROSSING 0 � BEDDING AND BACKFILL PASTURE SCALE IN FEET 50' 0 50' CREEK WIDTH PLAN VIEW TRENCH WIDTH TOWN OF COLUMBUS SEWER PROJECT BEDDING & BACKFILL POLK COUNTY, NORTH CAROLINA WETLAND EXCAVATION NATIONWIDE PERMIT #12 APPLICATION UPLAND BUFFER DATE: 5/30/03 PAGE 6110 WETLAND PRESERVATIO APPLICATION NO. WETLAND RESTORATION 11.28' 5' 0013 ACRES N/A G AI W i W i wN i i • � i W W W J W Q W W W Z i i W W W W W Q W W W i i CROSSING #5 185.13'x BEDDING AND BACKFILL W i W W W W i W W SCALE IN FEET 50' 0 50' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA NATIONWIDE PERMIT #12 APPLICATION DATE: 5/30/03 PAGE 7/10 APPLICATION NO. WETLAND WIDTH TRENCH WIDTH BEDDING & BACKFILL WETLAND EXCAVATION UPLAND BUFFER WETLAND PRESERVATION WETLAND RESTORATION 15 �cb �� F Cb PASTURE PASTURE a dY � $o o 'INSTANCE 4 STREET CROSSING #6 11.2O'X5') BEDDING AND BACKFILL w o' V) w SCALE IN FEET 100, 0 100' PLAN VIEW CREEK WIDTH 11.20' TRENCH WIDTH 5� TOWN OF COLUMBUS SEWER PROJECT BEDDING & BACKFILL 0.0013 ACRES POLK COUNTY, NORTH CAROLINA WETLAND EXCAVATION N/A NATIONWIDE PERMIT #12 APPLICATION UPLAND BUFFER N/A DATE: 5/30/03 PAGE 8/10 WETLAND PRESERVATION N/A APPLICATION NO. I I WETLAND RESTORATION I N/A M: JDBS 2002 00296-03041 DRAWINGS PERM, z� EXISTING PUMP STATION 0+14 TO 0+94 8 DIP. ON PIERS CROSSING #7 (16.06'x5') v BEDDING AND BACKFILL V;� 0 0+60 TO 0+77 CREEK N:\JOBS1002 00298_030�1LRAMINGS PERIAIT SCALE IN FEET 50' 0 50' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA NATIONWIDE PERMIT #12 APPLICATION DATE: 5/30/03 PAGE 9/10 APPLICATION NO. CREEK WIDTH 16.06' TRENCH WIDTH 5' BEDDING & BACKFILL 0.0018 ACRES WETLAND EXCAVATION N/A UPLAND BUFFER N/A WETLAND PRESERVATION N/A WETLAND RESTORATION N/A -Im -0I z Bd MAX. =I LOAD FACTOR 1.5 Bc COMPACTED BAC K FI LL ANGULAR MATERIAL 1, Bd MAX. _, 0.5 Bc MIN. ' CLASS "C" IMPROVED TRENCH BEDDING NO SCALE CLASS "B" COMPACTED BACKFILL ANGULAR MATERIAL ' '. pi k +e;";',` .� k ors ri• y� A 1• � , t .Sir ��,_�-i, s;�-; �`.w�"�'i.q"�" .c-;-:'§e �,✓}L'' +`�'A 4 4 r Ff °_s- �, ... � a- , ,, �. ;( ,,•� .�� ' eta. �.rr btc ,' ..� T ra_Y'} �• .e! qv �}ic'i ;�! ^c }'. Ar ,o-r,Y; • � ,J,� .t,. .+t•� % o,Ax �-�11�°%'9}`q?• rr�� "t'$'t a°3.� Kr �xK+ _S� IA�-.�s'w.__ _ � �},� � � �y ,y � � P'�Kz„1 ,�a �,_�`m., s.a h fp*-.,� •fir Y kK �' �� � ' a �>�' .�- �s,� .. MiS-'vie! r� .�^ n. i �• v t r "2'S,� w: ,"q • �'{1jJ j ••�7-:x� t�ri,�r'' ' ��- '^' may:@y, Y "'y'.-x '4�A •c fS�p^4 �r y�y� ,... ilt •� .i -% �' f y B t .4•' WRW �C".' rr,,�� ylti} ` .�.Q'C1 L Fs. 0 , .�{3 t A '. J �4 t � / a.- � � G Y`v��e��• `<'S^`�• �,�i,'fx'•� - ' � � 'cj`.+"-'*��a;.y, `" A. � ¢ �I ,•ii .S+!'Y„4+. �a,'� •r- gID'�aE �f'nj: ter: F""rr,r 4 S � zz r F ••kLr � 7 ? T" • yp� � 1 7r1• �1 ? q.16 t. �M q � � l bf Crossing vt United States Department of the Interior „ FISH AIND WILDLIFE SERVICE Asheville Field Office 160 alicoa Street Asheville, North Carolina 28801 September 13, 2001 Mr. David DePratter, P.E. Project Engineer HSMM 145 North Church Street Spartanburg, South Carolina 29306 Dear Mr. DePratter: Subject: Town of Columbus Sewer Improvements (Provide Service to Approximately 120 Homes -and Update Existing Collection System), Polk County, North Carolina In your. letter. dated August 27,:2001; you requested ouncomments. with regard to the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act,, as amended. (16 U.S.C. 661-667e),. and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Endangered Species. Enclosed is a list of the federally endangered and threatened species known from Polk County, North Carolina. This list also includes species of Federal concern that are currently under status review by the U.S. Fish and Wildlife Service which may occur in the project impact area. In accordance with the Act it is the responsibility of the appropriate Federal agency to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. According to our records and a review of the information you provided, no listed species or their habitats occur on the site. We concur with your determination that the proposed project will not affect endangered or threatened species and their habitats. Therefore, we believe the requirements under Section 7 of the Act are fulfilled. However, obligations under Section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Floodplain Protection. Executive Order 11988 requires Federal agencies to' consider and.protect floodplain functions. We believe the recent examples of flooding highlight the importance of avoiding the "... long- and short-term impacts associated with the occupancy and modification of - v Regulatory Division — Ashville District —.Corps of Engineers -151 Patton Ave, Room 208, Ashville, NC 28801-5006 REQUEST FOR WETLANDS DETERMINATION Date: 6/10/03 County: Polk Total Acreage of Tract: 23,751.94' x 25' = 13.63 Project Name (if applicable): Town of Columbus Wastewater Infrastructure Improvements Property Owner Agent/Developer/Engineer'��,� (name, address, phone): �rd up The Brigman Company, Inc. JUN 2 3 2003 Town of Columbus P.O. Box 1532 P.O Box 1Conway, SC 29528 3.46 ni.l i V81 0JM Columbus, NC 28722-0146 (843) 248-9388 Status of Project (check one): ❑ On -going site work for development purposes X Development in planning stages ❑ No specific development plans at this time Project Type — Indicate the proposed use of the land in question or, if no specific work is planned at present, indicate the current zoning or land use at the site. (check one): ❑ Residential ❑ Commercial. ❑ Mixed Use (Residential + Commercial)I ❑ Industrial ❑ Agriculture x Public Works ❑ Silviculture ❑ Aquacuiture ❑ Other. Information Required to Accompany Request = Check the items submitted — forward as much information as is available. At a minimum, the first two items must be forwarded: X Accurate Location Map (from County Map; USGS Quad Sheet, etc.) X Survey Plat or Tax Map of the Property iri-Question X Soil Survey Sheet (from USDA-NRCS) or Aerial Photo (from County Assessor's Office or other source). Property boundaries should'be shown on the soil survey/photo. ❑ Topographic Survey X Conceptual Site Plan for the Overall Development Endangered Species Evaluation: Has the site been evaluated for the presence of federally protected (endangered, -threatened or proposed) species and/or any proposed or designated critical habitat for such species? YES NO . If Yes, has this evaluation been coordinated with the US Fish & Wildlife Service (FWS)? YES NO If coordination has occurred, please provide the FWS Log number and enclose a copy of the report FWS Lot Number. 9-2-01-605 Copy of Report enclosed? YES NO If the evaluation has not been coordinated with the US FWS, enclose a copy of your report of findings. IMPORTANT NOTE: Legible printed name and signature required. The person signing this form must be the present property owner or have the specific authority of the property owner to authorize Corps of Engineers employees or their agents to enter onto the property for on -site investigations if such is deemed necessary. Do not sign this form unless you are the owner or have the specific authority of the property owner. The signature of the owner or authorized agent on this form constitutes prior consent to disclose these records to other federal, state or local governmental agencies and the public at large. PRINTED NAME of person signing this form, below: 19T�-+ Id let, Signature of property Owner or Authorized Agent: (+i } � e�, I -�� ``, '•l \� \�+�'1 11 l� � J, i r t11t i� \` _i�.., t\�` ` �\�\ o' i�'� :�\- /t _y4 r ,• ,`-` � l91 + N-1 C, 1662� VIC,—,Z -'Z If LA -K Yy [Yv 10- 1Q, low IS31 —j wad C3 Coluhfbus 122 —�J V" I Pdk_ J -1-3 T-T/ an 1� 7) L 514 r4 11A 7 jll? L�7 ol� '5b �t I% > 336 (r 6 TOTAL PROP. AREA N/A US(73`1 TOPOGRAPHIC MAP ORIG. WETLANDS N/A TOWN OF COLUMBUS SEWER PROJECT BEDDING BACKFILL 0.00 ACRES POLK COUNTY, NORTH CAROLINA WETLAND EXCAVATION N/A REQUEST FOR WETLANDS/WATERS OF THE US VERIFICATION UPLAND BUFFER N/A DATE: 5/30/03 WETLAND PRESERVATION N/A APPLICATION NO. WETLAND RESTORATION N/A AGENT: THE BRIMAN COMPANY, INC., P.O. BOX 1532, CONWAY SC 29526 (843) 248-9388 FAX: (843) 248-9596 MaD2 oe MaD2 MaD2 ; AsF MaD2> MaD2 Grl; MaC2` 1.'MaC2 MaD2 zr, •� SA MaD2 ' FcE : Q MaC2 k x Ud ' MSBDoB _ OoB MaC2 P MaD2 GrE GrE 4'` MaC2 08 MaD2 _ CMaC2' MaD2 FoE �08 ? a � 't 13 FCE DoB a42. Ce82.- MaC2 Ja t 9 SkB2 6taD aD2 Fc r / � FcD Chq. �Aa.D2 kMaC2 ,� White , \ / FCE y ostei _Ud.__ `CeB2 Zz Mtn ';' MaD2. FcD a42 w / „ MaD2°9 RoE_ FcE Ja rr',. CeB2 MaC2 i CeB2 Ud MaC 2 531 ChA f Ma MaD2 `Ja 52 ? Map? MaD2. ChA C? Ce82 MaC2 49 UoB - ChA _.���t x' _ MaD2 . MsB i CeB2 CO�Umbils hA MaD2... 153 Ud Oo6 MaD2 1131 Ma pee? .k MaC2 MaD2 MaC2 iPbC2 CeB (/l O RtE r 6n 9 t (D o0 �d0 Cc 1534 MaC2 MaC2 ChA _ ? PaC2 f CeB2 GrE / PbC2 PaD2� a _ J 2 1137 MaC2 ChA UE PbD2 RtE Colum us MaD2 Ce62 MaD2 ChA 3 MaD2 RtE' �+ PbC2 PR 1 ` RtE... Phu 6 m Ahp y 534 PbC2 2 PbD2 a Ce82 WRtE 2 MaD2 CeB2 PbC2 c I-31 PbC2 1521 / PbC2 7 v PaD2 PaC2 PbC2 PbD2 PbC2 PbD2 1 1y/ O PaD2 m Ce82 :PbD2 ( -PaD2t PbD2 11! 1 t PaC2 PaC2 Ce8PbC2 2 PaD2 %,A I l tf PaC2 DoB g PaD2 PbC2 p�pz , _ PbD2 PaC2 ti GrE Do8 PaD2 : RtE J PaC2 Ms8 PaD2 i 2 o'o GrE q� O° Pb C2 RnE PbD2 PaC2 �� I "dp2 r r ! -^- R - \ PbC2 RnE RnE R FOIL SUR VEY MAP TOTAL PROP. AREA N/A ORIG. WETLANDS N/A TOWN OF COLUMBUS SEWER PROJECT BEDDING & BACKFILL 0.00 ACRES POLK COUNTY, NORTH CAROLINA WETLAND EXCAVATION N/A REQUEST FOR WETLANDMATERS OF THE US VERIFICATION UPLAND BUFFER N/A iC DATE: 5/30/03 WETLAND PRESERVATION N/A APPLICATION NO. WETLAND RESTORATION N/A AGENT: THE BRIGMAN COMPANY, INC., P.O. BOX 1532, CONWAY SC 29526 (843) 248-9388 FAX: (843) 248-9596 R CROSSING ❑♦ n ❑♦ ♦ � ♦ ro 'ooI • SCALE IN FEET 400' 0 400' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA REQUEST FOR VERIFICATION DATE: 5/30/03 PAGE 1/5 APPLICATION NO. SCALE IN FEET 400' 0 400' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA REQUEST FOR VERIFICATION DATE: 5/30/03 PAGE 2/5 APPLICATION No. EXISTING WASTEWATER TREATMENT PLANT SCALE IN FEET 400' 0 400' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA REQUEST FOR VERIFICATION DATE: 5/30/03 PAGE 3/5 APPLICATION NO. E IN FEET D 400' PLAN VIEW TOWN OF COLUMBUS SEWER PROJECT POLK COUNTY, NORTH CAROLINA REQUEST FOR VERIFICATION DATE: 5/30/03 PAGE 4/5 APPLICATION NO. SCALE IN FEET 0 200' PLAN VIEW )F COLUMBUS SEWER PROJECT K COUNTY, NORTH CAROLINA REQUEST FOR VERIFICATION PAGE 5/5 APPLICATION NO. Job Number: 00296-03041 City: Columbus termination - Wetland Data Point: Crossing #1 nbus Sewer Line Date: May 29, 2003 :olumbus County: Polk State: NC exist on the site? Community ID: R2S8 hydrology been disturbed? Station ID: )lem area? Plot ID: 1 Ise Common Name % Cover Indicator Rose,Carolina Prtvet,Chinese Alder, Brook -Side FACU FAC FACW+ Ofera ITree,Tulip FAC :W, or FAC (except FAC-): 75 Cowardin Classification: R2SB ria was met . Primary Wetland Hydrology Ineffcators Secondary Hydm/ogy Indreatois ie in remarks) [ ] Inundated [ ] Oxidized root channels ride Gage [ ] Saturated in upper 12 inches [ j Water -stained leaves [X] Water marks [ ] Local soil survey data I remarks) [X] Drift lines [ ] FAC-Neutral test [X] Sediment deposits [ ] Other (explain in remarks ) :er (in.): 1.4 [ ] Drainage patterns in wetlands n Pit (in.): As (in.): 0 Mottle / 2nd Mottle Texture, Color Abundance Contrast Structure, etc. Loam 7.5YR 614 ` few distinct Loam 10YR 411 common distinct Loam [ j Concretions [ ] High Organic % in Surface Layer [ ] Organic Streaking list Regime [ ] Listed on Local Hydric Soils List [X] Listed on National Hydric Soils List ima Colors [ ] Other (explain in remarks ) Taxonomy: Fluvaquentic Dystrochrepts Iat poorly drained [ ] Field Observations match map ion Present [X] This Data Point is a Wetland Bent vas met . -03041 Crossing #2 D3 SB I6 Cover Indicator FACU FACW FACW+ FAC FACU FAC FAC FAC R2SB Hydrology Indicators sized root channels :er-stained leaves Bl'soil survey data ,-Neutral test ar (explain in remarks ) Job Number: 00296-03041 Data Form City: Columbus Routine Wetland Determination Wetland Data Point: Crossing #4 Project/Site: Town of Columbus Sewer Line Date: June 10, 2003 Applicant/Owner: Town of Columbus County: Polk Investigator: BAF State: NC [X] Do normal circumstances exist on the site? Community ID:, R2SB [ ] Have vegetation, soils, or hydrology been disturbed? Station ID: [ ] Is the area a potential problem area? Plot ID: Vegetation Dominant Species Common Name % Cover Indicator Shrub X Rosa caroFina Rose,Carolina FACU X Kalmia /atlfolia Laurel,Mountain FACU Tree X Liquidambarstyracillue Gum,Sweet FAC+ X Liriodendron t0pifera Tree,Tulip FAC X Acerrubrum Maple,Red FAC % Species that are OBL, FACW, or FAC (except FAC -): 60 Cowardin Classification : R2SB Remarks Hydrophytic vegetation criteria was met . Hydrology Primary Wetland Hydrology Indicators Secondary Hydrology Indicators [ ] Recorded Data (describe in remarks) [X] Inundated [ ] Oxidized root channels [ ] Stream, Lake, or Tide Gage [X] Saturated in upper 12 inches [ ] Water -stained leaves [ ] Aerial Photograph [XI Water marks [ ] Local soil survey data [ ] Other (describe in remarks) [XI Drift lines [ ] FAC-Neutral test Field Observations : [X] Sediment deposits [ ] Other (explain in remarks ) Depth of Surface.Water (in.): 4-6 [ l Drainage patterns in wetlands Depth to Free Water in Pit (in.): NIA Depth to Saturated Soils (in.): 0 Remarks Hydrology criteria was met . Soils Depth Hor. Matrix Mottle / 2nd Mottle Texture, (in.) Color Color Abdndance Contrast Structure, etc. 0-7 A 7.5YR 414 Loam 7-16 Bwl 10YR 513. 7.5YR 614 .. few distinct Loam 16-21 Bw2 10YR 4/3 10YR 411 few distinct Loam Hydric Soils Indicators [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Probable Aquatic Moist Regime ] Reducing Conditions [ ] Gleyed or Low -Chroma Colors Unit Name: Chewacla Drainage Class: Somewhat Poorly Drained Remarks Wetland Determination ' . [X] Hydrophytic Vegetation Present [ ] Hydric Soils Present [XI Wetland Hydrology Present Remarks Waters of the US Criteria was met . [ ] Concretions [ ] High Organic % in Surface Layer [ ] Organic Streaking [ ] Listed on Local Hydric Soils List [XI Listed on National Hydric Soils List [ ] Other (explain in remarks ) Taxonomy: Fluvaquentic Dystrochrepts [ ] Field Observations match map, [X] This Data Point is a Wetland Job Number: 00266-03041 Data Form city: Columbus Routine Wetland Determination Wetland Data Point.: Crossing #5 Project/Site: Town of Columbus Sewer Line Date: June 10, 2003 Applicant/Owner: Town of Columbus County: Polk Investigator: BAF - ' State: NC [X] Do normal circumstances exist on the site? . Community ID: PEM1 [ ] Have vegetation, soils, or hydrology been disturbed? Station ID: [ ] is the area a potential problem area? Plot ID: Vegetation Dominant Species Common Nam%Cover Indicator Herbaceous X Onodea sensibills Fem,SensMve FACW X Juncus effusus Rush,Soit FACW+ Shrub X Rosa caroffna Rose,Carolina FACU X Sambucus canadensis Elder,American FACW- Tree X Liriodendron tuffprfera Tree,Tulip FAC X Liquidambarstyracitiva Gum,Sweet FAC+ X Acermbrum Maple Red FAC % Species that are OBL, FACW, or FAC (except FAC -): 85 Cowardin Classification : PEM1 Remarks Hydrophytic vegetation criteria was met . Hydrology Primary Wetland Hydrology Indicators Secondary Hydrology Indicators [ ] Recorded Data (describe in remarks) [X] Inundated [XI Oxidized root channels [ ] Stream, Lake, or Tide Gage [XI Saturated in upper 12 inches [X] Water -stained leaves [ ] Aerial Photograph [XI Water marks [ ] Local soil survey data [ ] Other (describe in remarks) [ ] Drift lines [ ] FAC-Neutral test [ ] Sediment deposits [ ] Other (explain in remarks ) Field Observations: [Xj Drainage patterns in wetlands Depth of Surface Water (in.): 1-3 Depth to Free Water in Pit (in.): WA Depth to Saturated Soils (in.): 0 Remarks Wetland hydrology criteria was met . Soils Hor. Matra Mottle / 2nd Mottle Texture, 0-7 A 7.5YR 6/6 Loam 7-16 Bwl 10YR 5/3 7.5YR 614 few distinct Loam 16-21 Sw2 10YR 413 10YR 411 few distinct Loam Hyddc Soils Indicators [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Probable Aquatic Moist Regime [ ] Reducing Conditions [XI Gleyed or Low -Chroma Colors Unit Name: Chewacla Drainage Class: Somewhat Poorly Drained Remarks Hydric soil criteria was met Wetland Determination [ j Concretions [ ] High Organic % in Surface Layer { j Organic Streaking [ ] Listed on Local-Hydric Soils List [XI Listed on National Hydric Soils List [ ] Other (explain in remarks ) Taxonomy: Fluvaquentic Dystrochrepts [_ ] Field Observations match map [X] Hydrophytic Vegetation Present [X] This Data Point is a Wetland [XI Hydric Soils Present [XI Wetland Hydrology Present Remarks Jurisdictional wetland criteria was met . Job Number: 00296-03041 Data Form City: Columbus Routine Wetland Determination Wetland Data Point: Crossing #6 Project/Site: Town of Columbus Sewer Line Date: June 10, 2003 Applicant/Owner: Town of Columbus County: Polk Investigator: BAF State: NC [X] Do normal circumstances exist on the site? Community ID: R2SB [ ] Have vegetation, soils, or hydrology been disturbed? Station ID: [ ] Is the area a potential problem area? Plot ID: Vegetation Dominant Species Common Name °% Cover Indicator Shrub X Ligustrum sinense Privet,Chinese FAC X Alnusserrulata Alder,Brook-Side FACW+ Tree X Acerrubrum Maple,Red FAC X Liriodendron tu6pdera Tree,Tulip FAC Vine X Lonicera japonica Honeysuckie,Japanese FAC- % Species that are OBL, FACW, or FAC (except FAC-): 80 Cowardin Classification : R2SB Remarks Hydrophytic vegetation criteria was met . Hydrology Primary Wetland Hydrology Indicators Secondary Hydrology Indicators [ ] Recorded Data (describe in remarks) [X] Inundated [ ] Oxidized root channels [ j Stream, Lake, or Tide Gage, [XI Saturated in upper 12 inches [ ] Water -stained leaves [ ] Aerial Photograph [X] Water marks [ ] Local soil survey data [ ] Other (describe in remarks) [X] Drift lines [ ] FAC-Neutral test Field Observations: [XI Sediment deposits [ ] Other (explain in remarks ) Depth of Surface Water (in.): 1-0 [ ]Drainage patterns in wetlands Depth to Free Water in Pit (in.): NIA Depth to Saturated Soils (In.): 0 Remarks Hydrology criteria was met . Soils Depth Hor. Matra Mottle / 2nd Mottle Texture, (in.) Color Color Abundance Contrast Structure, etc. 0-7 A 7.5YR 6/6 Loam 7-16 Bwl 10YR 5/3 7.5YR 6/4 few distinct Loam 16-21 Bw2 10YR 4/3 10YR 411 few distinct Loam Hydric Soils Indicators ( ] Histosal [ ] Histic Epipedon [ ] Sulfdic Odor [ ] Probable Aquatic Moist Regime [ ] Reducing Conditions [ ] Gleyed or Low -Chroma Colors Unit Name: Chewacla Drainage Class: Somewhat Poorly Drained Remarks Wetland Determination [X] Hydrophytic Vegetation Present [ j Hydric Soils Present [X] Wetland Hydrology Present Remarks Waters of the US Criteria was met . [ ] Concretions [ ] High Organic % in Surface Layer [ ] Organic Streaking [ ] Listed on Local Hydric Soils List [XI Listed on National Hydric Soils List [ ] Other (explain in remarks ) Taxonomy: Fluvaquentic Dystrochrepts [ ] Field Observations match map [X] This Data Point is a Wetland Job Number: 00296-03041 Data Form City:. Columbus Routine Wetland Determination Wetland Data Point: Crossing #7 Project/Site: Town of Columbus Sewer Line Date: June 10, 2003 Applicant/Owner: Town of Columbus County: Polk Investigator: BAF State: NC [X] Do normal circumstances exist on the site? Community ID: R2S8 [. ] Have vegetation, soils, or hydrology been disturbed? Station ID: [ ] Is the area a potential problem area? Plot ID:' Vegetation Dominant Species Common Name °% Cover Indicator Herbaceous X Rubus befuNdus Blackberry FAC Shrub X A/nusserru/ata Alder,BrookSide FACW+ X Robinia pseudoacada Locust,Black UPL Tree X Utiodendron t0pifere Tree,Tulip FAC X Plafanus occidentals SycamoreAmerican FACW are OBL, FACW, or FAC (except FAC -): 66 Cowardin Remarks Hydrophytic vegetation criteria was met . Hydrology Primary Weiland Hydrology Indicators Secondary Hydrology Indicators [ ] Recorded Data (describe in remarks) [XI Inundated [ ] Oxidized root channels [ ] Stream, Lake, or Tide Gage [XI Saturated in upper 12 inches [ ] Water -stained leaves [ ] Aerial Photograph [X] Water marks [ ] Local soil survey data [ ] Other (describe in remarks) [XI Drift lines [ ] FAC-Neutral test Field Observations : [XI Sediment deposits [ ] Other (explain in remarks ) Depth of Surface Water (in.): 6-18 [ ] Drainage patterns in wetlands Depth to Free Water in Pit (in.): N/A Depth to Saturated Soils (h): 0 Remarks Hydrology criteria was met . Soils Depth Hor. Matra Mottle / 2nd Mottle Texture, (in) Color Color Abundance Contrast Structure, etc. 0-9 Ap 10YR 5/3- Sandy.Loam 9-18 BA 7.5YR 416 Sandy Clay Loam Hydric Sols Indicators [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor ] Probable Aquatic Moist Regime [ ] Reducing Conditions [ J Gleyed or Low -Chroma Colors Unit Name: Masada Drainage Class: Well drained Remarks Wetland Determination [XI Hydrophy6c Vegetation Present [ ] Hydric Soils Present [X] Wetland Hydrology Present Remarks Waters of the US Criteria was met . [ ] Concretions [ ] High Organic % in Surface Layer [ ] Organic Streaking - [ ] Listed on Local Hydric Soils List [ ] Listed on National Hydric Soils List [ ] Other (explain in remarks ) Taxonomy: Typic Hapludults [ ] Field Observations match map [X].This Data Point is a Wetland 0� .C) T� M�Ii-del F. E Iley, Lell,r William G. Ross Jr., Secretary North Carolina Department'of Environment and Natural Resources John M. J. Ernst 2234 Portside Way Charleston, SC 29407 January 24, 2005 Subject Property: Cotton Patch Equestrian Tract Driveway Access Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-2021 Polk County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Ernst: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact —200 feet of shoreline for the purpose of stabilization at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on January 18, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification. Number(s) 3402 (GC3402). J The Certification(s) 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 buffer 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: 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: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard,'Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetiands NorthCarolina XirArr 4 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nathan R. Jones. Page 2 of 4 January 24, 2005: Amount Plan Location or Reference Approved (Units) Stream —115 (feet) Site B 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. 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. Nathan R. Jones: Page 3 of 4 January 24, 2005: 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/Wetlands 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. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. . 7. Turbidity Standard The turbidity standard of 10 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. 8. 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. 10. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers throughout, the property 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. Nathan R. Jones. - - Page 4 of 4 January 24, 2005: 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 either Kevin. Barnett(@-ncmail.net or at 828-296-4657. AWK/khb Sincerely, F5AL Alan W. Klimek, P.E. Enclosures: GC 3373 Certificate of Completion cc: USACE Asheville Regulatory Field Office ,qdj8N!Asheville Re �onAI ®ffice DLR Asheville Regional O ice File Copy Central Files Filename: 04-2021. Cotton Patch EquastrianTracts.WQ3402.Approval Date: 12/23/04 Triage Check List Project Name: Cotton Patch Equestrian Tract DWQ#: 04-2021 County: Polk To: Kevin Barnett, Asheville Regional Office 60-day Processing Time: 12/20/04 to 2/17/05 From: Cyndi Karoly Telephone: (919) 733-9721 D CE VC DEC 2 9 2004 01 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ❑ Stream length impacted ❑ Stream determination Wetland determination and distance to blue -line surface waters on USFW topo maps ❑ Minimization/avoidance issues ❑ Buffer Rules (Meuse, Tar -Pamlico, Catawba, Randleman) ❑ Pond fill Mitigation Ratios ❑ Ditching ❑ Are the stream and or wetland mitigation sites available and viable? ❑ Check drawings for accuracy ❑ Is the application consistent with pre -application meetings? ❑ Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! DEC 9 0 2004 Office Use Unl ' WATER QUALITY Form Version May 2002 YWETLi�NDS AND STORMWATER BRANCH P 42021 USACE Action ID No. DWQ. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ❑ Riparian or Watershed Buffer Rules . ❑ ,Section 10 Permit ❑ Isolated Wetland Permit from DWQ PAYMENT R401 Water Quality Certification RECEIVED 2. Nationwide, Regional or General Permit Number(s) Requested: 3 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ❑ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ II. Applicant Information 1. Owner/Applicant Information Name: John M.J. Ernst Mailing Address: 2234 Portside Way Charleston, S.C. 29407 Telephone Number: 843-556-8148 Fax Number: E-mail Address: jmiernst(acomcast.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 13 A. III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, ,the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cotton Patch Equestrian tract driveway culvert 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): P48-2 (Portion) 4. Location County: 'Polk _ Nearest Town: Landrum / Tryon Subdivision name (include phase/lot number): Cotton Patch Equestrian tract & Residential Tract B Directions to site (include road numbers, landmarks, etc.): Landrum RT 14 right onto High Farm rd right onto Old Hunt Country Rd right onto River road, left onto Scrivens road approximately 1 mile on right 5. Site. coordinates, if available (UTM or Lat/Long): 35.2180N / 82.2150 W (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): equestrian tract -24 acres ( 2+ acres barn site Residential tract B- 12 acres 7. Nearest body of water (stream/river/sound/ocean/lake): N. Pacolet River 8. River Basin: Broad River (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htti)://b2o.enr.state.nc.us/adn-lin/snqps Page 6 of 13 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 22 acres pasture, 2+ acres preexisting_ graded site for farm equipment small poplar grove with 5 gpm. seasonal spring from hill side through existing farm trench and swales traveling approximately % mile to N. Pacolet river through pasture. 10. Describe the overall project in detail, including the type of equipment to be used: Installation of 115 ft of 18 inch concrete culvert ( see plans ) to allow for driveways to home site and barn site (connecting to existing loge road to minimize grading and tree removal). This includes extension of culvert 25 ft through the Dept. of Transportation right of way to connect to existing culvert crossing Scrivens road ( NC Dept. of Transportation encroachment permit obtained and attached). This will eliminate an existing 25 foot long and 5 ft deep ditch that is a serious hazard to horses traveling on a path to the barn from the pastures across Scrivens road. This will also eliminate a road hazard and a region that frequently collects roadway refuse from highway traffic. The driveways need to accommodate a 50 foot horse trailer turning radii and construction vehicles. Due to grade changes, grand tree locations, fixed barn site, and turning radii the road pathways are essentially constrained to proposed plans. General medium duty road construction 11. Explain the purpose of the proposed work: This will allow for necessary driveways to new residence and private non commercial barn construction. Barn drive through necessary for horse trailer access and egress IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If.this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Recent NC Dept of Hi way encroachment approval obtained ( copy enclosed Page 7 of 13 i V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United'States/Waters of the State It is the applicant's (or, agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent. and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: No Impact anticipated 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet Type of Wetland*** ! i * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, rill, 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:/hvww.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.) 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: Page 8 of 13 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (please specify) Site B. culvert 115 feet Intermittent stream 6 inches intermittent * 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.eov. Several intemet 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: 115 feet 4. Individually list all open water impacts (including lakes, ponds; estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) _ Name (if applicable) of Waterbody Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) I , { List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage,'bulkheads, etc. 5. Pond Creation If construction ofa pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation,. installation of draw -down valve or spillway,..etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Page 9 of 13 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Road site constrained by existing Qrades, building siting limitations, turning design radii for horse vehicles, and need to access existing logging road as ideal and practically only logical access to home site. 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. USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to * ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.elir.state.iic.us/ncwetlalids/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach, directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan,view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a Page 10 of 13 IX. X. description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Proposed project should be below 150 foot threshold for mitigation. Stream is intermittent 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application, process for the NCWRP, check the NCWRP website at http://l12o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 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): Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ❑ No ``� If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (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 ❑ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers. associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a Page 11 of 13 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 Req r }rents), or other (please identify, )? Yes ❑ No IVI If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of charinel; 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. A conservation easement for the Cotton Patch property of 400 acres was executed with Upstate Forever this past year. The equestrian tract and residential tract B are 2 of 9 tracts in the Cotton Patch Property. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The barn site 4000 so. $. will be the onlv impervious addition and will have no significant impact 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. Page 12 of 13 None generated XIII. Violations (required by DWQ) Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No' Is this 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). Owner advised by engineering / ecologist consultant that a 30 ft culvert to construct drive was below 150 foot threshold and no notifications under Section 404 or 401 were required. Contractor proceeded on this basis but installed 88 feet of culvert necessitated b. the he topography and road design constraints. Conflicting consultations resulting in my contacting the Army Corps of Engineers and NC DWQ for advice resulting in this. application. Civil Engineering consultation and confirmation of design constraints attached. Work has been suspended. I would like to proceed with barn construction in mid January following resolution of the driveway design. ApplicarittAgent's Signature �' `-� Date (Agent's signature is valid or'ly if an authorization letter from the applicant is .provided.) Page 13 of 13 Broad River Basin Map rage i or L NC DWQ Basinwide Planning Site Menu What is Basinwide Planning? Basinwide Plan Executive Summaries Basinwide Water Quality Plans River Basin Quiz Events and Meetings Basinwide Contacts Links Maps Broad River Basin. Click below for: Events Contacts Plan Summary WQ Plan rr W E s .M1 r �3=�8=.:0.3•: Al Q. BUNGQAWF .legend River Basin Boundary Subbasin Boundary :•ti County:.Bounda;ry' ev:Primary R oads f Hyd•rogra phy Municipality 1 q JDRnADRW l r General (Vfap of the -Broad River ti f lV, D0WELL Z' I - /: 03-t .10 A BACK TO NC RIVET http://h2o.enr.state.nc.us/basinwide/Whichbasinbroad.htm 12/5/2004 10 P 01 0 rt e, - 1 11, e V V "0 S3 1 10 pu 01 r ZI.-a"D 11! C 1, a TP , d; 1 i. 1 F, i 1, ". I to 0 �/Z" 68".- =O?Y� t, 9S 0000 C)O' L 6'�-' =y ds-o ch! Lu I woo 3 uc)-zlcl tdo G �I L is Map 77NA a —p/ P h cLo I nflo 35.21810N, 82.2150`114V UIS Landrum Q/uad �Qwn 1 oad View TopoZone Fro aerial photos, shaded relief, maps, interact Photo Dov/nload USES Topo Maps t: 24K.125K Series V -30K Series '1:2`zOKSeries Map size a rg a vIew sc=I-e Update m-ap.j rt caordinate Format Coordinate Dalum WGS84/NAD, aShol,v taroet Email this map Bookmark this map Print this map 21S A:)eA'-Id :2 -!4.i 4saOIUJ - A32MA -p-ioqe e,-.1 -asn jo swia-L Pue suo11!PuO:) 1-7,o -c' P=uja!li),5 s' 4! 51! - 11V - -DUI 'a:jqz; of e sdSa!,,j h-up LL,p: 'vvvv,x. topo zon e. corn -'Tnap,as-n'J C TopoZone - T he Web's Topographic i/tap, and more! rage i or .y s , t2R2320 Niap/Photo Info 35.21810N, 82.2150°W (WGS84/1\ USGS t.arl&um Quad Tppp D9,7mload View TopoZone Pro aerial photos, shaded relief, street maps, interact _ Photo Download Usos Tap® Maps 1:24K/25K Series 0 1:100K Series 0 1:250K Series Map Size Q Small l 1 Medium ( Large View Scale 1:50,000` lJpdats iVlap. Cap®rdaraat.e F®ranat DD_DDD' Ccordinale Datum WGS84/NAD83 ®Show target Email this map Bookmark this map Print this map E6iL+.i[i'E�t, Y�r .'3'Tb.x. ' `F'rtIIF'4"c, 3 .,sfYe".rF`•_ 1 �•,, �� y� iii G � 'f .�.-.� /� ,"n.(.+� {-•i.: 1 ` 4 �'�n5 f�_ f'. 4a \'+ t �9. 9j x. d4� ,.' Wl =� � d+ 1L�.,: � r .'- � •� T � Y�� �.. ���, v `� -_"ti t14+�- .� �/•I • Ott aegb � �ii t'1` �v.��%%,��- / f, Y '� 771� ,� n -i �� ~^4. .T3y� t t L. i�11 f [ .. i °, aAsr � 1..•i t �_: ��:°'�. fL: -� t'b�;„__ '�•� �' .fj ( 1-•�.J � ���17 n ,�'�.�1 ti�.�r� -�`: IL .b 1 r I m t, y � � 1 y iy'4' �.a, J�/�1 v y F F11 � 4 �: ► � %�d 4 �, � �� g .�� �1 ' '••. S : ti � �' � jj t I � �yy♦ 4�� t 7 � I� P ': i � I S �+.Y � �s"' • ��:. i •. ,R R 44 i :t£+ _� T� L.k�S+ -. L� J a Jpj r i rr ` -� 9ti j� v,f ._,�.---�•-, i �, tip � '� �, E Yy - s r° l711'' 7 x.�wf; i ' •ate :� '�: � � .'� � t "�� ?�.. �, r i � ` } �`� { � � -� 9 , �� 0 0.7 1.4 2.1 fj 0.4 0.8 1.2 http:/;tivww.topozone.com/map.asp?z="17t&n=389-/907.00008o4S&e=33942,1 .999999409&... 12/5/2004 ri :3 i.2 i .5 k,,ri mi jS 3d 8 -4/N A D-B 3 i.nn-druin quad,rangle D—i M=-6.073 G=--0.7,01 =3 S-9 S-)- 12 8 9 9 9 4 Howard Leonard. 864 234 2857 p.l P��ITU� �iVIL. INC. , DQTC-- X/Ee?%.04:----- TO: . '�. : 4.... .... �[ _� ._�I._�..... ��..��`� ..._.._.__...�...:...._......... ................... �. FAX WUMD �._ TOTAL Nu M15ER OF PA(7E6M cy.....�.1.. } _....._, . .. No1-r= + . S110LJLD You IIAVE. ANY OUL5TION6 CONCERNltk T JL TRAWSMTrAL PUAbLCONTACTIIMVARD LEONARD. -------- ----- J. MV P— LEONARD. P.E. P.O. 6OX 16146 C, P-=VILLE. g0UTI1 CAROLINA - 29606 OFFICE-(864) 288-5512 FAX- (864) 234.--2857 Howard Leonard 864 234 2857 p.2 PLRJTU.-5 0\11L iNc_ laecember 15, 2004 John M. J. F—rnst 2234 Porbide -\1/ay - . Charleston, 5C 29407 Re: Driveway design and concrete storm pipe placement )crivens" Road at Cotton Patch (61Z 1506) PoLk County Tryon. North Carolina - Dear Mr. Ernst: This letter is to confirm that you and your contractor- have located your driveway ' in the best location based on the topography and other surrounding features. Its location is confined to a space surrounded by Strivers road, the property Line forthe-parceLtrees; the -barn and the high ground behind -the entrance There is a wet weather creek'starting in the high ground and almost splits the entrance parceL Constructing a driveway at 90-degree off of Scrivens road would be difficult and dangerous for a horse trailer trying to make a turn between the creek and the barn. The split driveway or half circle driveway off Scrivens road makes the barn accessible to the truck and horse trailer without having to back _up. __ The_splitdrive required piping the creek under- one-ley-of;Eha driveway. 'To eliminate a dangerous hole between the drive and the road, pipe was extended from the driveway to a catch basin beside the road The disturbed area at the entrance is to be smoothed for landscaping at the end of the construction. P.O. E5Ox 16146 C, REI=NVlLLE. 50uTIA CAROLINA • 29606 OFFICI=: (864) 288-5512 • FAX: (864) 254-2857 MODILL (864) 270 596o 10:18a Howard Leonard 864 234 2857 p.3 In my opinion. having examined the site. I believe your contractor has roughed in the drives correctly for a safety entrance and exit to accoate up to a 50- foot horse trailer including the cab. i �5incereLy. Peritu.-A&L Inc. December 6, 2O04 John M. J. Ernst 225.4 Portside Way Charleston, 5C 29407 lZe: Design 18-inch concrete storm pipe 5crivens lZoad at Cotton Patch (51Z 1506) PoLk County Tryon, North Carolina Dear Mr. Ernst: On Monday November 22 a site inspection was made with Mr. Steve flyder for the purpose of investigate the storm water piping situation at the above referenced Location on 5crivens road. My report, concLusions and pipe design arP c7j,-m- I in this 1_Pf+,--r The site is Located to the Northeast of Tryon, NC on 5criven5 road (5lZ 1506). The property is heavily wooded and has Lots of bush type shrubs. The ground is covered with a thick bed of leaves, tree Limbs, twigs and other debris. A dry creek bed collects storm water from a 52-acre drainage basin and funneling it down a dry creek bed to 5crivens road. The existing pipe under 5crivens road is an 18-inch CMP. The pipe is rusting away, and is half full of silt. NC -DOT personal, which maintains the gravel road, told Mr..l-.lyder, that they have never seen water overtop the road. The creek on the down streamside of the road has a swaLe type ditch and is heavily grassed. The ditch has a 12-inch bottom, with side slopes of 2:1. There were no signs of overtopping at the time of my inspection. P.o. box 16 /66 a (RP=NVILLL. 50UTJ CA-OLINA , 29606 OFFICL: (86A) 288-5512 m FAX: (864) 25L1-2857 MOE51LL: (86A) 270-5960 Upon arriving at the project to construct a driveway up the mountain Mr. flyder found soft area of silty materiaL in the work area. The area is beside the road at the existing 18-inch CMP. fle determined the silt was 5 to 4 feet deep and encroaches into the new driveway area. Nor. flyder removed the silt down to Good material and backfiLLed with acceptable materiaL An 18-inch concrete pipe was placed under the new driveway at a 4 percent .grade. The pipe extends from the dry creek bed above the new driveway to below the drive. \Vhen the entrance has been completed there wiLL be a new 15- inch concrete pipe paraLLeLing the road. An 18-inch concrete pipe wiLL attach to the one under the driveway and extend downstream to the catch basin at the street. From the catch basin a new 18- inch concrete pipe wiLL extend across ._the road replacing the old 18-inch CMP. The 15-inch pipe and the 18-inch pipe connect at the catch basin to form an intersection of the system. flydroLogic and hydraulic caLcuLations have been made to confirm the size of the 184nch concrete pipes. The design of the pipe is based on a 10 year storm. ALL storm events in excess of a 10 year storm could overtop the new driveway and 5crivens road for a short period of time. This is not uncommon. Most systems are designed for the 10 year event because the majority of storms are Less than the 10 year storm. After aLL pipes have been connected to the catch basin and new driveway shaped, the final grading wiLL be accomplished for the Landscaping. The above system has been approved by the NC -DOT. fee attached plan of proposed Layout. 5incereLy. Peritus /iL I nc. Howard fZ. L-eonark P.F Ot �. SEAS. n 1_S C) P.O. -DOX 161,46 C P-F- LN1VILLL. I.C. 29606 OU — 3 ILC VY CU 3 1 tjlJc.1,41 C PlIIk. Jvlciil., ciiu 60t`66666J7t68c'=078t980000'L06L68c=U1 Y I=z6c{sG cis }/utoo auozoc�o� L-�L��/,:cf bIs Map I ,� �} � .r: star' iz 4f....nX �� '�-�" .ti x'4.7 � ''�� 1...r ✓ k \,� 1(F S _ �. ,� .+--. i` r, `� .'i` - tit,.. X`, a I •` F. �. .,' = ..•, f Map/Photo Ingo j 35.2181-Nl, 82.2150°UV (WGS84/i1 USGS Landrum, Quad Topo Download View TopoZone Pro aerial photos, shaded relief, street maps, interact l Photo Download USES 7ogc Maps 1:24K/25K Series l � 1:100fC Series 01:250K Series Map Size small ' Medium ?� Large view Scale 1:200,000 _Upd�Ae Wjgp... Coordinate Format DD.DDD 9. 0--ordinate oat Urn WGS84/NAD83 ❑ Show target_. Email this map Bookmark this map Print this map 2 24S A:)enud ino peel aseald - ,toenlJd anon 31-10ge aaeo aAA -ash jo swia-L pue suoq!puoD .ono Aq pau.ieA06 si a,ls si_.{? 10 esn •panaasaJ s4y6u iIV -'ou; 'a):eo el e sdeW'i00Z-666Z @ woo-auoZodol �zor�v.cim/mad.asp�z=I=38t)%9�?7.0('Oc�°�i�? �999940 v. _ 1 j5 20� - -n-- ,w— °11—i .-.ruIli- Iq-1-'S 0 el -A., —�. — 11TTClr W`11l l Do -It -Yourself: Driveway and Entrance Road Layout Careful driveway layout reduces construction costs, min- Figure 1 Typical Complete Curve. imizes damage to the landscape and helps control main- tenance costs. In most cases, the_trucks bringing your logs _^ will be the largest you'll encounter If youeiect to hmu youi _� f drive t tiller vehtcleAs,'recogmze that a large deh _ezy to tck—� N ?;f-cauires almost as gteata;turn ng,cadius as -a -tractor -trailer:= The procedure below explains how to lay out curves by mark- °" ry o ing the. inside and outside of the curve using marker flags, ribbon or marking lime (all available at most building or ma- sonry supply stores). Use a rope or cord —at least as long as the - outside radius —and a stake to secure the end, locating the cen- ter. The figures show typical layouts for curves that will ac- commodate,a 55-f6ot tractor -trailer. r- I '; 1. Make a loop at one end of the rope to secure with the stake. Trom;the loop; measure off 50 feet, and mark with a cot- . I center of radius ored marker or by securely tying a plastic ribbon. This will mark I the' outer radius of your curve. From the outer radius mark,-:;::.:. j g measure back toward the loop the width of the driveway (IO feet incur example) and mark as before. This indicares the in-: net edge of the driveway. Add marks to,indicate the inside width I I E of the driveway'at the 45, 90 and 135 degree (if the curve is io o to -a° greater than 90 degrees) points of the curve.. ... 2. At the point of your roadway where the. curve. should - begin, lay the rope_atright angles to the roadway with the out- er radius mark aligned with the outside of the roadbed and the loop end toward the center of the curve. Stake the rope through the Loop::; Figure 2 • Typical Right -Angle Curve. -, 3. Keeping the rope -straight (without stretching), sweep- it in the -direction of.the curve- Estimate the 45, 90 and 135, degree points of the curve, and mark the:outer and inner_ f' edges of the curve with a flag, plastic ribbon or marking lime l 4. Connect the'dots with marking lime or string to indi- "! ,cate the entire sweep of.the-inside and outside, of the curve. "Freehand" the sweepof the inner curve, beginning at the in- - ? net edge of the roadbed about 30 feet before where the curve b of the outer edge begins, and passing through the mark to— _ -where the curve ends and the road returns to its normal width I 5. Have your general contractor, excavator or someone ex- ! perienced with mane'uvening large trucks check your layout! - center at radius fore grading or adding stone. - ... When laying. -out curves on a slope, the road often must be "cut -in" to remain' fairly level as it rounds the curve.'On = steep slopes; this cut may be,substaritial, making itprefer -I able to run the, road straight up and down the'slope If your - f road will combine steep slopes and' curves, it's best to consult -a surveyor. As.always, should you have questions on this or any. construction work, turn it over to the professionals 'Jim Cooper rr_ D ,E` .0 E M B E ,R 2 00 1 17 srntev wM+ STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION LYNDO TIPPETT MICHAEL F. EASLEY SECRETARY GOVERNOR October 4, 2004 Encroachment No.: 20047508 Location: SR 1506 4 County: Polk District Engineer: M. T. Gibbs, P. E. (828) 891-7911 John M. J. Ernst 2234 Portside Way Charleston, SC 29407 Dear Mr. Ernst: Attached for your files is a copy of a contract which has been properly executed for the encroachment on NC DOT right-of-way designated as Route SR 1506, located Tryon, NC, for the construction of a catch basin and ditch culvert pipe, and replace an existing 18" CMP under gravel road by open cut as shown on the attached drawings. The following and attached standard and project special provisions are conditions of this encroachment. If you have any questions please contact Mr. M. T. Gibbs, P.E., District Engineer, whom you can reach at the District Engineer's office at (828) 891-7911. Si ere yAw J. B. Setzer, E. Division Engineer JBS/WJ/lh cc: Manager of Right of Way District Engineer File STATE OF NORTH CAROLINA ROUTE 5� S�io PROJECT COUNTY OF DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT FOR CURB AND GUTTER, PAVEMENT WIDENING AND -AND- STORM DRAINAGE o ff rJ r)5 s?-y ^J 20 p , by and between the Department THIS AGREEMENT, made and entered into this the day of ��S7 of Transportation, party of the first part; and �e ^� �'�' C party of the second part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) S C �' i [1 � n1 S 20 A l's , located T 2 y 0 0 (J . G/ l� /3 RT with the construction and/or erection of: 8 C Wl Q .. . L'3�� 2 &X/4.O f L 1�0 ' OPE.J 2� iA�Jt ���� WHEREAS; it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway. That the party of the second part agrees to provide during construction proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. ..That the party of the second part hereby agrees.to indemnify- and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction. That the party of the second part agrees to restore all areas disturbed during. construction to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air., There shall be . compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances' and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any construction operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. ,., f. ino.t in thic PnrPPment is hninn nPrfnrme.d on a completed highway open to traffic; the That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves -the right to stop all work unless evidence of approval can be shown. P -- - -d-- - th- --- - c g performed on a -completed -highway open to -traffic; the_- rovidee work contained in -this agreement is being party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all Work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. R/W (161 B) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (161 B) incorporating all revisions to date. FORM R/W 16.1 B (May, 1982) Page 1 IN1VITNESS_WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year -first above written. ATTEST OR WITNESS:• -DEPART-ME . T NSP__O.RTAT_ION _ ._...__- . . BY: �n�oY�Y� �• �. �rI�S� Secon¢'Party INSTRUCTIONS When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested_ by the corporation secretary or by the empowered �of official, al ison file n the waiver Raleigh office of 'seal and attestation by the secretary or by the empowered y on, the name of the Manager of Right of Way. In the space provided name'Sandreement title of all perfor exe s cns'signing the agreehment corporation or municipality shall be typed above should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one personi ne address should be included in this agreement and the names of all persons signing the agreement should .be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and -ramps. 2.. Right of way lines' and where applcable, the control of access lines. i 3. Location of the proposed encroachment. 4. Length and type of encroachment.: 5. Location by highway survey station number. If station nointmsuch asna bot ridge, road," location should be shown by distance from some identifiablep intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at. the various Highway Division Offices, or at the Raleigh office.) 6. Drainage structures or bridges if affected by encroachment. 7. Typical'section indicating the pavement design and width, anddthe tion, slopes, widths ever apple able. details for either a.curb and gutter or a shoulder an applicable. 8: Horizontal alignment indicating general curve data, where 9. Vertical alignment indicated by.percent grade, P.I. station and vertical curve length, where applicable. 10. Amount of material to be remove d and/or placed on ratio {o'and reference byght of way, if lst lion 11. Cross=sections of all grading operations, indicating- p where applicable. all hydraulic y pipe e sizes, structure 12. All pertinent drainage structures proposed. Include a, p details and other related information. 13. Erosion and sediment control. wo14. Any special provisions or specifications as to the performance of the work or thesepartet sheet f construction that may be required by the Department must b attached to encroachment agreement provided that such information cannot be shown on plans or drawings. 15. The Department's Division Engineer should be given notice by the. applicant prior to actual starting of installation included in this agreement. applicable. 16. Method of handling traffic during,construction where .-� c,--I , --F nlone north nrmVV P.tr. 1� 1�et t� Vie♦ , � `.: lY T • IS7 �•� •; '' 17 •-�•'�• 1311 IAA �1 O . Icy - - •�•\ - CLAKE ADGER GREER \ 1��N i' IVVVV%%%% Q nn 7 - 131 13� . hi�M1• NI . IIaO 31 13214 T 1 1`JP ,. '.\ i_ IM fI•av .�, "•!.. ,�• �'••\ " g .� a 133T. `fin 9 Sao`^ 1. % \ � . � . _, O � _ ,]z♦ irk a ELEv. 3.102 . _ .. \ toe . ,yl♦ 1563 1136 I 11 ]7 _ 1•2B n 1• �F • 1 1 I'Y' I •' \ tOD9 1Ice AF _ ,. .. - � �� ,•1 � \ Iva •' C b ) 13sz � 1� r .7'7a. 1•i31 B.+ 'I /• 137 1. 1361- 119 1]2] WILLIAMS Lo 17•+0 . ✓' 130Y ,a 1521 .1 ..tea 1 152'.\ 2� \ Rlo� IVI• - 113ao / . J \. 1 / 13oC 151 1361 - � - t01a ; , I iat 'V •' ,u� ,. t,'.'}•. . .. j ' ;' ,° lye � �,�, i3ea'- ` 1351 .07 ;.mol •\ 1�. /. .'y f �• �'. 173] •C ILA r{ N. _ r'5m=/_.._.._..L..O m'b N T T \ ` NOTE:. MAP INCLUDES ONLY STATE MAINTAINED ROADS OR IMPORTANT NON -SYSTEM ROADS. MILEAGE NOT SNOwN ON FRCOUNTY ONTAGE ROADS. 1�°''��' � RDADS SHOwN AS OF APR• 15. 1997 POLK i E AS NORTH CAROLINA )7`+' nIErAAEc a THE CGUIi'Y RO°' NUTA3 R5 NORTH CAROLINA DEPARTMENT OF TRANSPORTATIOI _a DIVISION OF HIGHWAYS. — GIS UNIT SCALE . AULES IN COOrEMTION WITH THE U.S.DEPARTMENT OF TRANSPORTATION ° °n __� J ALE FEDERAL HIGHWAY ADMINISTRATION SCALE tuft EHWGEMENTs IF to L c� rloN N4 BAR z - IING` .8"• s" A r io SEE NOTE TION X-X D NOTES:'USE'CLASS "B" CONCRETE THROUGHOUT. NING j, PROVIDE ALL CATCH BASINS OVER 3'-B" IN DEPTH WITH STEPS 12" ON CENTER. USE STEPS WHICH COMPLY WITH STD. DRAWING 840.68. IP SLAB OPTIONAL CONSTRUCTION - MONOLITHIO POUR, . 2" KEYWAY, OR #4 BAR DOWELS AT - G 12" CENTERS AS DIRECTED BY THE ENGINEER. TOP ELEVATION USE FORMS FOR THE CONSTRUCTION OF.THE BOTTOM SLAB. IF REINFORCED CONCRETE PIPE IS SET IN BOTTOM SLAB OF BOX, ADD TO SLAB AS SHOWN ON STD. NO. 8140.00. t 6„ FOR 8`-0" IN HEIGHT OR`LESS USE-S" WALLS AND BOTTOM SLAB. OVER, 8" WALLS AND BOTTOM SLAB. ADJUST 6'-O" TO 16'-0" IN HEIGHT USE QUANTITIES ACCORDINGLY,. 8„ CONSTRUCT WITH PIPE CROWNS MATCHING. B I x INSTALL 2" WEEPHOLES AS DIRECTED BY THE ENGINEER. .OF INSTALL STONE DRAINS, A'MINIMUM OF 1 CUBIC FOOT OF NO. 78M STONE IN A HOLE OR AS DIRECTED BY THE ENGINEER POROUS FABRIC SAO OR WRAP, AT EACH WEEP CHAMFER ALL EXPOSED CORNERS 1". DRAWING NOT TO SCALE. *INCREASE THE SIZE OF THE 8" OPENING TO B" MAX., A3 DIRECTED BY THE ENGINEER BY ADDING 2" TO THE WALL HIEGHT ABOVE THE TOP ELEVATION. ADJUST SEE NOTE QUANTITIES ACCORDINGLY. SECTION Y-Y -3 -4 M X I BARS.- Y ENGTH I N0. LENGTI TOP SLAB 4" GUTTER LINE #4 BAR Z 311.. TOP ELEVATION PIPE WALL r 10L2" ((THICKNESS VARIES) (MIN:) #4 *BAR Z 4 PART.SECTION Y-Y' SHOWING DETAILS AT OPENING. D QUANTITIES FOR CONCRETE CATCH BASIN BASED ON TOP 6 BOT. SLAB CU. YDS. CONC. TOTAL 0 - Z DIMENSIONS IN BOX BOX GTH F G TOP SLAB eGi. eue RLIFT. IIT. L&1. AElti DEDUCTION ONE PIPE N C.S. R.0 ✓-3" 4'-8" 3'-3" 0.181 0.271 0.250 27 1.048 0.015 0.032 0.048 •1 ." at all 181 '0 271 0.250 27 1.108 0.023 0.038 0.048 0.228 0.340 0.284 35 1.379 0.033 0.049 0.053 D.226 0.340 0.284 35 1.521 0.059 0.085 0.053 0.278 0.417 0.315 43 1.918 0.092 0.127 0.053 0.340 0.510 0.352 51 2.390 0.132 0.178 0.059 0.407 0.811 0.389 84 2.914 0.180 0.243 0.088 n AAA n_AAA O.30l 88 3.298 0.235 0.317 1 0.086 C/) ¢ Q < LL _1 O H O O N = Z LA LL.a I- U O O • Cq�LLOWJ O O N � i CL UJ i i W u- CD a �1 z W I Lu H co -I!a Lu _ co W F- Z c W1N cn H Jir O zz i m: Lu 0.04 ' 1 I J ►+�' P:'d-wZ;v a - a w jp 3 N � • t v N • •B 1 Z LL 01 H \ W W J o W W VJ '^ d F m J STATE OF11-02 ENGLISH STANDARD DRAWING FOR cQ C _ NORTH CAROLINA CONCRETE CATCH BASIN 0 DEPT....,OF.,TRANSPORTATION DIVISION OF HIGHWAYS- W%SINGLE AND MULTIPLE .PIPES ui RALEIGH, N.C. 12" THRU 48" PIPE 'AIL SHOWING TYPES OF. GRATES ,E ACCORDING TO WATER FLOW. PE ,►G,► TYPE "E!' TYPE 'IF" 'LOW - SAG WATER FLOW - — — — — — — — — — — — — — — — — — — — — — — — - — — Lpyy SAG WATER FLOW 'E "F" TYPE "E' TYPE "G►► .ARROW � ^ 1It 1/2 11� rr 1 � r► � 1�8 � III 1 Y2" 1 �, 1" SECTION A -A TYPE - F SECTION -B-B SECTION A -A 'o TYPE - E RAISED FLOW ARROW 18 HIGH 1 v� ►r T- T a r' 2'-113/4►r r � c 1 TYPE G r r- TN!! rl 1�8rr� 11/2rrR 1 i�8n 11/211 �8 n SECTION A -A z O 0 Q u..® m Z. rs C - I b� d ¢ LLI o CD CD z _ ,m 0 H W .0 co C7 zl= WIC CO LL u I I cr- 00 H cr_ Q LLI 0 1 J ' ll Q J I 0 f I a: 1 J w w 1 I -I- � `L'.C3 1 I 1 vi 3: Ico c STATE OF ENGLISH STANDARD DRAWING FOR NORTH CAROLINA FRMEj GRATES 5 AND HOOD DEPT. OF TRANSPORTATION FOR USE ON STANDARD CATCH BASIN DIVISION OF HIGHWAYS RALEIGH, N.C. M O O 0000 It S National Pollutant Discharge Elimination System (NPDES) - -- - - - - -- _ .. Stormwater Permit Compliznce Certification I J p 11+0 EAASa duly authorized representative of ' ?iQ 104 7Z. C e r7 -e F .J ,S46 C. a-�� � requesting attachment to a North Carolina Department of Transportation highway drainage system at S,f R . J It Z-s 24 A--4N --?d L/G. County, do hereby certify the following: in , The i does not require an I�'PDES stormwater permit. The industrial facility does require an NPDES stormwater permit. The permit has been obtained, .and a Stormwater Pollution Prevention Plan (SPPP) is in place. I understand if the Department of Transportation determines the industrial facility is not in compliance with NPDES.stormwater permit requirements; the Department will report the noncompliance to the N.C. Division of Water Quality. I also understand that falsification of this certification may result in penalty of law against the industrial facility and me as prescribed in the Nlorth Carolina General Statutes. Signature: Date: 9 /z z�in/ Note: If the applicant has a question as to whether.an IN'PDES stormwater permit is required, he or she may contact the N.C. Division of Water Quality in Raleigh at (919) 733-5083 (ask for Stormwater and General Permits Unit). Environmental Permit Compliance Certification J d f�,,J �i�r�• , a duly authorized representative of an applicant requesting permission to encroach upon the North Carolina Department of Transportation highway Right of Way at the location of in' County, do hereby certify the following: Erosion Control Permits The proposed area to be disturbed is in excess of 1 acre and does require erosion control plans. Copy of approved plan and permit are attached. The proposed area to be disturbed is not in excess of 1 acre and does not require erosion control plans. However all necessary erosion control measures will be used to comply with the laws and regulations. Other Environmental Permits Environmental Permits (USACE, NCDENR, NCDWQ, NCbVRC, USFS, etc.) are required and copies of approved'permits are attached. z,� Other Environmental Permits are not required I understand if the Department of Transportation determines the encroachment is not in compliance with environmental permit requirements, the Department will report the noncompliance to the N.C. Department of Environment and Natural Resources or other regulatory body. I also understand that falsification of this certification may result in penalty of law against the encro ching party and me as prescribed in North Carolina 7 General Statutes. Signature: Date:. 9/CZ/- 7 Note: If the applicant has a question as to whether an erosion control plan or other environmental permit is required, he or she may contact the North Carolina'Department of Environment and Natural Resources Asheville Regional Office at (828) 251-6208 or in Raleigh at (877) 623-6748. STANDARD SPECIAL PROVISIONS FOR ENCROACHMENTS REVISED APRIL.2003 1. Notify the District Engineer's office at least 3 day's prior to commencing work and again upon completion of work. (828- 891-7911) 2. Traffic control devices and procedures shall be installed to ensure public safety and shall comply with the latest edition of the Manual on Uniform Traffic control Devices and the N.C. Department of Transportation's Standards and Specifications for Roads and Structures. 3. Contact the appropriate Utility Company(ies) involved and make satisfactory arrangements to adjust any utilities in conflict with the proposed work prior to construction. 4. Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District Engineer. Drainage structures shall not be blocked with excavation, construction or other materials. In addition, any drainage pattern that is altered must be repaired / modified. This work must meet NCDOT standards, and result in proper and adequate drainage of disturbed area. This includes but is not limited to culverts, ditches, shoulders, or drainage structures. The District Office is to be notified of any changes made. 5. Trenching; bore pits and/or other excavations shall not be left open or unsafe to pedestrian or vehicular traffic overnight or during holidays and weekends and shall comply with all O.S.H.A regulations and requirements. 6. All fill areas/backfill shall be compacted to 95% density in accordance with AASHTO T99 as Modified by NCDOT. All material to a depth of 8.0" below the finished surface of the sub -grade shall be compacted to a density equal to at least 100.0% density in accordance with AASHTO T99 as modified by NCDOT. The sub - grade shall be compacted at a moisture content which is approximately the required to produce the maximum density indicated by the above test method. The contractor shall dry or add moisture to the sub -grade when required to provide a unifonrily compacted and acceptable sub -grade. 7. Proper temporary and permanent measures shall be installed and maintained for the duration of the encroachment to control erosion sedimentation in accordance with local, State and Federal regulations. 8. Materials and workmanship shall conform to the N.C. Department of Transportation's Standards and Specifications for Road and Structures and Roadway Standard Drawings. 9. Strict compliance with The Policies and Procedures for Accommodating Utilities on Highway Rights of Way shall be required. 10. Silt basins shall be removed as soon as possible and shall not infringe on the roadway or components of the _roadway including required clear -recovery areas or any other areas_traversable by vehicles. 11. It is the encroaching parry's responsibility to determine if any permits are required by other local, state and federal governments to perform the work described in the encroachment and to secure such permits before any construction begins. 12. Any work requiring equipment or personnel within 5.0' of the edge of the travel lane shall require a lane closure in accordance with NCDOT Standards and Specifications for Roads and Structures and Roadway Standard Drawings manuals and the latest edition of the MUTCD or supplements thereof. 13. No material or equipment storage will be allowed within 30.0' of the edge of the travel lane without the permission of the Engineer. Absolutely no material or equipment storage will be allowed within 15.0' of the edge of the travel lane. 14. NCDOT does not guarantee the right of way on these roads, nor will it be responsible for any claim for damages brought by any property owner by reason of this installation. 15. If any blasting is required, the maximum peak particle velocity shall be limited to 4.0 in./sec. As measured at the closest structure extremity. 16. Any changes to the encroachment must be submitted in writing to the Engineer for review and comment. Failure to request changes -may-result in cancellation of the encroachment agreement.-_ 17. All disturbed right of way monuments shall be reset by a NC licensed Surveyor in accordance with NCDOT Standards and Specifications for Roads and Structures and Roadway Standard Drawings manuals. 18. No lane closures will be allowed prior to 8:30 AM or after 4:30 PM. No lane closures will be allowed on weekends or on State observed holidays. 19. All manhole lids, water valves/meters and applicable concrete encasements shall be set flush with the natural ground elevation and should be located- so as to minimize interference with highway drainage. All fire hydrants must be located a minimum 5.0' behind the ditch line. 20. All longitudinal installations of proposed encroachments shall be located as close to the outside edge of the Right of Way and as far away from the outside edge of the nearest travel lane as possible to the satisfaction of the District Engineer. 21. All manholes and vaults shall be of a design approved by the State Design Services Engineer. A list of previously "Approved Manholes and Vaults" may be obtained from the State Design Services Engineer. 22. All driveways altered during construction shall be at a minimum returned to a state comparable with the condition of the driveways prior to construction. 23. An Executed copy of this Encroachment agreement will be present at the construction site at all times during construction. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit, restrict or suspend operations within the right of way. 24. All roadway signs which are removed due to construction shall be reinstalled as soon as possible. 25. Ingress and egress shall be maintained to all business and dwellings affected by the project. Special attention shall be paid to police and fire stations, fire hydrants and hospitals. 26. Vegetative cover shall be established on all disturbed and damaged areas to the satisfaction of the District Engineer in accordance with the attached Seeding and Mulching guidelines. The N.C. Department of Transportation reserves the right to modify the guidelines for unique situations or as recommended by the Area Roadside Environmental Engineer. SEEDING AND MULCHING GUIDELINES _ . MATERIAL. _. May 1 — Aug. 3.1 Sept. 1 - April 30 Kentucky 31 Fescue 100 Lb./Ac. 100 Lb./Ac OR Hard Fescue 15 Lb./Ac. 15 Lb./Ac. Fertilizer 500 Lb./Ac. 500 Lb./Ac. Limestone 4000 Lb./Ac. 4000 Lb./Ac. Rye grain ----------------- 25 Lb./Ac. German Millet 25 Lb./Ac. ----------------- Mulch with grain straw 40 bales/Ac. 40 bales/Ac. NOTES A. Fertilizer shall be 10-20-20' analysis. A different analysis of fertilizer may be used provided the 1-2-2 ratio is maintained and the rate of application is adjusted to provide the same amount of nutrients as the 10-20-20 analysis. B. Hard Fescue may be substituted for Kentucky 31 Fescue and Vice Versa however see the above table as the rate of application for the two materials is different. C. Seeding and mulching operations shall be adapted to various weather or soil conditions as necessary for the successful establishment and growth of the grasses and legumes as directed by the Engineer. !a . 27. The encroaching party shall comply with all applicable federal, state, and local environmental regulations, and _ shall obtain all necessary federal, state, and local environmental permits, including but not limited to, those related to sediment control, storm water, wetland, streams, endangered species, and historical sites. 28. Excavation within 1000 feet of a signalized intersection will require notification by the party of the second part to the Division Traffic Engineer at telephone number 828-631-1185. All traffic signal or detection cables must be located prior to excavation. 29. With directional boring, under no condition shall jetting alone or wet boring with water of utility pipelines be allowed. Directional boring using jetting with a Bentonite (or equivalent material) slurry is'approved at a minimum depth of ten (10) feet below the pavement surface (fifteen feet below the surface of controlled access roads) and five (5') below any ditch line. Any parallel installation utilizing the directional boring shall be made at a nvnimum depth of three(Y) feet (cover0 below the ground surface except where the parallel installation crosses a paved roadway. The tip of the drill string shall have a cutter head. Any changes shall be submitted to the District Engineer for approval prior to construction. An overbore shall not be more than two (2") greater than the diameter of the pipe or encasement will be considered, if the encroachment agreement includes a statement signed and sealed by a North Carolina Registered Professional Engineer, indicating that an overbore in excess of two (2") inches of the -pipe or encasement will arch and no damage will be done to the pavement or subgrade: <25> S 7 8' 51' 53' E 225 17 <26> N 81' 00' 36' E - 243.31 <27> S 89' 59' 08" E - 212.14 <28> S 15' 42' 52" W - 84 93 - <8> S 79' 35.53- E - 115 99 - TRACT (1) <9> S 80 50' 37` E - 60 07 12.00 AC. c10> S 8434' 14" E - 51 19 1, - Fp 01> 88' 00' 52- E - 36.89 /'- ,b' BY COMPUTER P-48_2 1;r <12> N 78' 04' 19- E - 48 10 �// < 13, N 73' 02' 42' E - 47 02 , COTTON PATCH OF ; r1• ` S r . c 14, N 74 - 30- E - NORTH CAROLINA. LLC . NIR h �I , 39067 27 65.88 .. <15> N 75 ' 02` E -65.88 06> N 78' 06' 14' E 46 18- 272-1870 _ 11 j00 rY n1 - < 17> N 56^ 18' 04- E - 53.07 �+ v <18, N 18^ 12' 11' E - 69 58 PT IV. 42 <19> N 39' 21' S8" E - 198 86 {/~ - c20> N 89' 32' 58- E • 124 60 aotAL• � � 'A (H) G- `" 5 P-48-2 ' <21> S 66' 28' d0' E - 92 90 COTTON PATCH OF <22> S 39' 16' 46- E -174 32 '�, '• -,, <23> S 33' 16'20' E - 403 52 NIR, ' NORTH CAROLINA. LLC 124> .S 6' 29' 08' W - 57 10 '; NIR272.1870 NIR \\ L ,y 65 ! NIR .IG) JS• .. <205 STATE OF NORTH CAROL4IA .. . NIR � ' _ NIR CONTROL .cV au v-.. c.. .. •r' .. .1 Fi_ ..II ' ?+ nIq CORNER �- ' PT @ 5: .... - NIR ^' 4C+Cl Iv(N r O'"�• )S� NIR - - — >aw aai a• •OCF Cv[.;., r_C•.a...•;s9 a•.0 bra: ST(c) RTE. 6'�RAvt F,,.,.�F-.o�,,wA,,..a...,<..,...�.,..�4F•..:.R. � EPq ,-, .—r4A W�o'k• ... :512 ROAD �N 1 iD� .•C iS aDaF••fSC Yn.•,a55 v...�C acO iFa. •w [.. .....-- GEORGIA PACK SCRwE ----�'---- _ 98.252 / NIR `1 CONTROL TRACT (2) WRi CORNER 24.00 AC. BY COMPUTER <1, N 29' 19' 19" W - 23 88 `O <2> N 64' 36' 32' W • 165.73 - 6 <31 N 84' 39' 46' W - 307.19 00 <4> S83'42'01'W-61.12 <5> S 80' 58' 39' W - 100.61 2 ,S� <6> S 77' 24' 06' W - 72 01 O� <7> S 69.41' 00' W - 54.93 by <8> N 84' 45' 40' W - 89 92 <91 N 74.38' 08" W - 139 85 ' P-48-2 ' COTTON PATCH OF NORTH CAROLINA. LLC 272-1870 PACOLET . ,'. CREED •T �- S 82' 00' 1 4 23' W - (A) 16169 LEGEND EIP=EXISTING IRON PIPE NIR=NEW IRON ROD -_COTTON PATCH OF_NORTH CAROLINA o•:�t1 CAq �•,� NOTE ._ iM$DgpD[RTYLS VOi ' � � TRYON TWP., POLK CO., NO. CAR- , LOC-ED IN A SPECIAL FLOOD • "ALANDAREA4$pEtERMNEO L �� �.��,, LEGAL REFERENCE: DI3. 272-1870 - 9Y THE DEDAgTy[NT O[ I.ry, JS- .NOAND UgW10EbELOPMEW .� �F ' l�-t,��, �SUR��i+''fJ-r ' •, %8ARRL,U`r APRIL 18, 2003 BUTLER ASSOCIATES REG. LAND SURVEYOR L-3033 0.2-60 100 P.O. BOX 1500, TRYON, N.C. 28782 POR• ERROR OF CLOSURE 1 38.733 GRAPHIC SCALE: 1 IN. = 150 FT. PHONE1828.659.5390 7 ` Ota ia' T<OAI� , - o JOHN & KATHERINE ERNST TRYON TWP., POLK CO., NO. CAR. 4Rh op / trxEs 2 Fr. CONTOUR INTERVALS FEBRUARY 9, 2004 040 BUTLER ASSOCIATES REG. LAND SURVEYOR L-3033 P.O. BOX 1500, TRYON. N.C. 28782 0 7 3e`e 4 `wnn \ 0 ova - o1l / Oc y I I -31 V4 -9 'BARN S 1' \ w.uur 1Fp \ Pen.e AG E o \ ,ac�.yp A' 5Q ,I109.� v a"° F1r t 86,I1:aAs� Pc \ � Foyvn Ta„assufreo 9072 Nc� • T6"DREiJ"-�� _ __ ��aetn �dy A.r. iWiay-aei'T. Paz \ J fir fYOMP --' ------------- -------------------- GEOG 90.0 _________y—_______ Y 9%.9 6 1ROvN • ST. RTE. > � -9 ----- --- \ s%A _ > ---- i / JRIVENS ------------------- ROAD -" ..---_� 991.of EXISTINGb ' `f4'�cu 9%.a �Sii` 7nma,J p y,� '1N Tvy,,7 J4d<T y�yJAL dR61DE �_` %�1(A'n3.J > v� ! -1 l ,J 12eJ *40 Z ftmm;: c.avRr49Q ��� Ile [. •• <N1FR m.srA nlr S1J?CA�'�� t,�^� ,P< SUL FKca co.•1irRrr £<E J<f//�.aS ol� L•3033 x W� .. PORTION OF P462 GRAPHIC SCALE: 1 IN. = 20 FT. 'w,OARR'I,°+"' 7468 A _!."..aEVA T I ON A; f w a rFR Michael F. Easley, Governor Q William G. Ross Jr., Secretary `Q (� North Carolina Department of Environment and;Natural Resources CAlan W. Klimek, P. E. Director —J Division of Water Quality C Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION November 6, 2003 Mr. Jim Fatland, Town Manager Town of Tryon Tryon Town Hall Tryon, NC 28782 Subject: Additional Information Request 401 Water Quality Certification Application Number: 03-1322 Status of Application: On Hold Harmon Field Streambank Stabilization (phase 1) Polk County Dear Mr. Fatland: The Division of Water Quality's Asheville Regional Office performed a site visit on November 5, 2003. This office has concerns about the use of streambank hardening in order to prevent further erosion. As the adjacent banks appear to be stable, this office requests that alternative stabilization methods be evaluated. The existing erosion is contained to an area immediately adjacent to -an asphalt walking path where the banks are steeper than the surrounding area and there are several discharge / hydrants located within the eroded area. The requested alternatives should include (but not be limited to) the possibility of cutting flood plain benches and / or cutting a less steep slope, the extensive use of woody / herbaceous vegetative cover, etc... A plan, including a timeline for completion of the alternative analysis, should be submitted to my attention at the letterhead address within 10 days of receipt of this request. Failure to provide the requested information in a timely manner may result in the return of the submitted application. Should you have any questions, please do not hesitate to contact me at kevin.bamett@,ncmail.net or at 828-251- 6208. Sincerely, (A Kevin H. Barnett, Environmental Chemist cc: Mr. John Dorney, Wetlands / 401 Unit US Army Corps of Engineers, Asheville Regulatory Office Mr. Gerald Harbinson, USDA Natural Resources Conservation Service, Post Office Box 236, Columbus, NC 28722 1 rMa._Wanda Frazier-; Asheville-Regional-Gffice--(NC=OWQ):::3 , MENU 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 State of North Carolina - Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Ju 5 Polk Coun DEM Project # 95754 APPROVAL of 401 Water Quality Certification ADDITIONAL CONDITIONS Mr. Franklin Vick U y Planning and Environmental Branch f JUL 2 8 19s)5 NC DOT !� P. O. Box 25201 Vds�TER p� FLITY SECTION Raleigh, N.C. 27611-5201 IGIO14AL OFFICE y Dear Mr. Vick: . You have our approval to place temporary fill material in 0.0106 hectares of wetlands or waters for the purpose of constructing two temporary access causeways at SR 1302, Bridge # 74, as you described in your application dated 13 July 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2727. This certification allows you to use Nationwide Permit Number 33 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. .For this approval to be. valid, you must follow the conditions listed in the attached certification. An additional condition is that you install silt fence around the work platform. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any. of the conditions of this certification, you may ask for -an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding•unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DF-M-1Regional-Office7�, Mr. John Dorney Central Files incerely,C rp 0 A, (� A. Presto Howard, Jr. P.E. 95754.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919=733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. J. J. Swain District Engineer NC DOT Post Office Box 5189 Horse Shoe, N.C. 28742 Dear Mr. Swain: AFI.I�FA �Iw 14110 0 rA 1:3EHNF: It' November 1, 1995 P6b1lk (County] DEM-Project # 951153 You have our approval to place fill material in 0.1 acres of waters for the purpose of extending/replacing pipe in live stream at SR 1164, Owl Hollow Road, as you described in your application dated 18 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2735. This certification allows you to use General Permit Number 031 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to bu valid, you must follow the conditions listed in the attached certification. In - addition, you should get any other federal, state or local permits before you go ahead with your i project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Ashemille-lalz— Relg analQfRGA Mr. John Dorney Central Files 951153.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper ` 7H DEM M: y 5115 3 ACTION ID- _ Af)4 oQnl jg Nationwide Permit Requested (Provide Nationwide Permit #); JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WU24NGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS - DIVISION OF ENVIRONMENTAL MA1�1A rF FNT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO D , P.O. Box 1890 AND NATURAL RESOURCES '� d Wilmington, NC 28402.1890 P.O. Box 29535 ATTN-. CESAW CO-E Raleigh. NC 27626-0535 Telephone (919) 251-4511 AM: MR. JOHN DORNEY OCT 3 0 1995 �� - - - ---- -.: - -- - =- - -- - - - -- Telephone (919) 733-5083- - - • - - -I --- WEiLANIDS GROUP ONE (1) COPY OF THIS COWI.Zr= APPLICATION SHOULD BE SENT TO THE CORPS Q .,t NG S:= SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.PLEASE PRINT. 1. Own= Name: n/ G C/ 0 2. _ Owners Address: • /30 X �7 l cr'S 9 _Te S/7,., e, , -A4 C, 087¢7- 3. Owners Phone Number (home): (Work): 70`} 4. If Applicable: -Agent's name or responsible corporate official. address, phone number: J 7 i 91 7911 /89 Z�o b-s e 5A3 e 6742 S. 'Location of work (MUST ATTACH MAP). County: Nearest Town or City: • 0- k e L k r Sp,�e/cific tocation'(Include road numbers, Iad_dLmarks, etc,); �� /j`r� Q e ln7e�Sec-�o � o _. A , �,_ 9 Q/74 5 1f4J C�O(77ii��%l/ti SCcc !07 i_1eS oi� W'�Z�' C %/le, p�U le- c7" a `/7 e .fit?1 e i-se e G�/^7 O i Ste'//6¢ 4/7� 57/? I/1';' '5' ._ . 6. Name of Closest StreamMiver: ___/N4//7 a f " 7• River Basin: Poe17.• R11(✓er 8. U this project _located in a watershed classified as Trout, SA, HQW, •ORW, WS I, or WS in YES [ ] NO [yam 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [+-]� If ycs. explain. 10. Estimated total number of acres of -waters of the U.S., including wetlands, located on project site: Q. a c r e-v I1. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled• O • e.5 Drained: Flooded: Excavated: Total Impacted: 0- % a e r e; s ` 12. Description of proposed w rk (Am ch PLANS-8 1R" X 11" drawut s onl �s� 5 OLD/` �JD`/Ot�/ R i r 00 / d �1/!%i ��/.S'PCTirL�%% /rl//./ten / f 13. Purpose of proposed work: ' Scf e iO 1Z 14. State reasons why the applicant be4gves that !, ' ity must be, carried out in wetlands. Also. note measures taken to minimize wetland impacts. JJ e e ct . Q �n`� ----------------- 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Ftsheries (I1MFS) regarding the preSCzscrr or any Federally listed orproposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by aI the proposed project. Have you done so. YES [-_ NO [ - RESPONSES FROM TBE-USFWS AND/OR NNTS SHOULD SE FORWARDED TO CORPS. - 16. You are required to "contact the Stato Historic Preservation Officer (SHPO) regarding •the presence of historic properties in the permit area which may be affected by the proposed project? Have done so? you RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. y YES i � NO j ) 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, acid lakes on the property- B. If available, representative photograph of wetlands to be impacted by pmject. C. If delineation was perforradd by a consultant, includ delineation line_ e all data sheets relevant to the placement of the D. If a stormwattr management plan is requi E: What is land use of surrounding property F. If applicable, what is proposed method of M NOR'I'11 CAROLINA DEPARTIVIEN'r OF TRANSPORTATION IllIVISION OF HIGHWAYS SECONDARY ROAD SURVEY SUBJECT SR 116 y (owc Hovtow i2D) LOCATION $E6/Iv T THcc /NTERSC 7-1oit/ OF Al.el. 9 /4/YD S/2 .116,1 /9ND CO Al T.I NLI.E IN it soLtTH RL�/- D/1� cT�vN FOR A T07W/_ DISTANCE &c bSZ0' --o THE EiVD or THE PRO J- CT WORK 'TYPE AA C, AA vE, - ERoslow Po vTiRO Z WORK ORDER PRIORITY A 96M 7 9 (7,F/4P) 10 F Awl RIq L COUNTY RIGHT OF WAY poe'lor DATE SCALE a' NOTES 50'-0' RIGHT OP WAY 18'-0' +SHOULDER PAYEMEKT V4 'If . I V4 ,FT. 1"PER FT. Y �` RESIDENTIAL COLLECTOR ROAD 6'-0' 3'-0' SHOULDER DITCH 1'PER FT. S`Olt Y� STDC OR Al GgKE LURE, N, e. 2,97% O n BFG/N Ot DO D f RAI RUFF AT, z MILL sPRINe-)s, Mt. 7875(o O -FHE1-m f) PHlu l ps 0 l I I I 13�AL /lp (t 1 v F w'q TE-k� R1w m RAY RUFF �o a Di i 5-EFFREY NooP1 R 67-(o PANBuRY LAND i 5THTESVILI6, lv, C. 29 b77 WI«IJUA KIAI-I- T. I zFCM19 CRISSoNE 2111 e?AKDNER S 110 suNR►SE DR.. (�A;ToN��a, N,C: z8052 ft)JU SpRtNC)S, Nt. 28756 - . U U R/w 41D Ri)yMoND RLAFF 0 12 - - -= ---- 40016 RUFF RT. 1 BDx 1 yENDER5oNV1LLE, N,e. 287gZ f� 3 T-14. NELL N 11147 14WY 9-N- MILL 5PRir1C?5, N.C. ,78756 f2 3 RAY RUFF O iw �rW o 4R0VER r1NDTM►RE . KT Z BOX z62 - \ - Milt 5PRmjcs, N.C* zB�sG • O 13EG Cf/gN,AIgL CNANC 574. 34 fSa RT .._ . ti . s� r� .o . PROPosED C�MVAi/E_l Ch/4M7E 6� 'C 0 o° L / M/ Z) /✓/ J'1-/ CLASS e ERos1On/ CoA,7-Ro% STOME. 000 0 p n /VOTE; SRETCH NOT iO SCALE. 0 o Cf/ANnIEL To t36 5NiEr,51 n 0 jo'R7: - S-A,3Zfoo 3 f zo' pr. — Srl1. 33 too TEFFREY 1100PEK �® "E PLACE CLASS ''B G Srori AT r/E /N Or SMALL 7-RI15, P/W . END C NANNEG CIMA166 '..C�,1 VE !•v/4TE1e SEC 1'5 C'OR R�Ymo�ip `�uFF- - o - pRoposED p 1 pE f i� I 05 f � ing-RToRiE SPENCER 1002 MIDLAND D?-. WILMINGTON, fv.(. 2sgIZ 62ENN WHITARF /ti! - �W RD. i 00 a D MILL SPRIN16Sj NBC• 28750 C7Rov�R wri�TM)Rr= o r -- RnylYlOND RUFF � (iiARSORIF S��NCE�R o. I 0�,20 Q RICHUP FLAACK I� �1CWARa ��tlr_ tc 41I N W 3STN TERR 6AIIVESVILLF, FL 32&6r lj1� i ... N 8 R U PROPOSED ------TMPROVEMEN-r- -- .FOR PAVING POLK COUNTY SR.1164 �c NORTH.CAROLINA E F D 1]f10 '�J ,A EkeR«Il Spring, r Q Y 1] OR 2.2 WILDCAT SPUR [LEY. 7,779 ]Id7 111161 t "'---1161 •�' 1]II /. ,- f i7 0 l Q t A,7 1 \ Ls lue 161 'o t!ef q 3 •J y ti.t ..* n ? 1171 Ll7r •7 •7 1313 1 1711 J 1.7 F Ldo~ Q 17j] t !� ►77 1:U } D / - Mo6v,Icin view IIII .. ] CLIf P1 ELD 'r�YE• I MOUNfAiN X II7e _..-...OS'70_ -•_ .. . _ r \`_ •� ^ � ,� - ,, , _ • \ • 1 CJtEFN �✓ 17e. 131Z Peo 7.7 1 p ]o 1 Ll?s i 117e J;• q .9 L??�•d♦ t Ridge n ft5 Mr CRAW U 11/4 ,.r 1317 II ` •/ f_ J Mitt. D f J ,D •. ` ',nb ilsl �• !lr. •i 9 �' .^ t1,5 Ioe Il •�� .D 177] . 1.6 p` I]7f --N S. .E !7]; \? L iJ, 0 � � 7.7 ! CHIMNEY MiR Spring r lop N7•� _� 1170 4f b 1374 17) q i i71� 3?0 v WHITE OAK MTN. IOR J v 7._, Y, ELEV, I07 r7 ], 1 !Jls]R �.[ .6 f� 7.i• 6edoh 17,7 so !Js 7 13,. 1]7f ex I.e 17]r" 1]67 17 j� 2 C 11]� ^ J]?t7 IfeL how 1 61 1777. �� 4 1 fT IUP ity u]e �t ua -\ • T I i]]r 1RYON PEAK '7 .`. .. aff, b ELEY. 77,271 /' •. ej6t ^�7 " .e G•f I /\ �,- ...\nfa :]173� Lis _ � •'' !])'. I�77 J7L] IJs1 Leo t.r•^X 1112 17 11� ^ fPi7 W1 �� 1— It ! IIIZ L IF ^v J •-JJ rAl s �``'�1.7 !�� ` !�]i 1116 'sl, y a '.+ �!•?�� i?>_f t11� �v' n �� .L!r!•7 1� " '? a .� �. � � "� ti Jt7L', Y ,,:; 14 lOr� •'• 177�' L '! _177L 1LiEl tug Ii]] .v 1 POP. ,7 \ Sr Sand Ploim \ �\n.i •� i 77,1i1 — .. ]]t n:, r �. .a'''.`\. .... EROSION CONTROL DETAILS AND SPECIFICATIONS Pipe Outlet Dissipator ........ • 000 000 245.03 Temporary Silt Ditch • . _ . . . . . 0000 45.05 Temporary Diversion --- 893.01 Temporary Silt Fence TD --- -------------------•-• 890:05 Temporary Slope Drain with Earth Berm F- 245.01 Silt Basin Type A -------------•--- -•-----............ •--------=---- 245.02 Silt Basin Type B -0------------ ....... ora 892.04 Tem Rock Temporary Silt Check Type -A 895-10 Temporary Rock Silt Check Type-B 892.01.............�------------ Temporary Rock Sediment Dam Type -A . 892.02---------... Rock -Temporary--- Sediment Dam Type-B ___________ 897.01 Rock Pipe Inlet Protection . 894.01 Rock Silt Screen •--••----------------------------------- - o °o --- 245.04 --.•-.-.•-•-__..._._. Stillin Basin -- ��-�----IBi - Rock' Inlet Protection: 896.01 Type A ------------------- ------ A [IOR --A) 896.02 Type B ................................. 896.03 Type C................. 7 ------ -- Rip Rap Class "B" x x x kx Ditch Liner Class "A" ............ 0000 ", 0000 ' Note: T B Silt Basins will be used in conjunction with a T .YPe J errporary Rock Silt Check Type B unless otherwise specified. 'O'N 'HJI31VU SAVMHOIH 30 NOISIAIO o p NOIlVl8OdSNVal 30 '1d30 VNIIOUVO Hi8ON S131JLf]O 3dld ld dVU dIU UOJ 30I(1J W 30 31b1S HOJ ONIMMI OUVON`diS HSIl9N3 _ co U ILmy Jim O O N n co O co n co h m Q r N M M W fD h ¢ 4 a _ H ¢ U Z z r N N C h 0 M n (D N O r N N M M H O U Q O 3 N N M V In co F- W J y j M On. 0 v1n n, Na i __ so cn 0 r r N M to n U � u a¢ M < W n 0� ," N N 0 M 0 M 0 1n N (D 1f) n O co O Q ¢ Ic EL H Ln =CC H o No -4 r 20oMocoh r N N c9 -T VLf) U F- co F O Q 3 U} W h O Lf) O O 0 O M h cq w J F d 0 ¢ M 9 O M � N M � 4 co N 0 N N M V7 m r T i J U F O N tD O to N co v O to N ,- N M M It V* to UJ (D h W UUL H 0 c c y/ m o N dl H H cco 3 r w W uj HN ' U H ¢ -_ In Q W Q ...J W H LL O QZ J g D.. . IL Z ¢ Z O O O Z r U Z 3 it c ~wai uw O J� Q 111 L Q 11 W S z Q J IL L Q Q z H F- L:) W v% = F— 3 F— W .J = SF=-O O M :EW� w>> (. H ..(L D_ D_ Q LL Q cc p o a L C W a. �¢ H LTL ~ a F-MN N M < i ¢ U U a_ ` H N N ¢ r r II II II 2 I JIAIC VI' U14UL_10M .�IANUAMW UhAWlNU rUH — cV NORTH CAROLINA GUIDE FOR RIP RAP AT PIPE .OUTLETS u.o c DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS - cc) TEMPORARY SILT FENCE: . A temporary silt fence is commonly used at the toe of a fill. section to prevent off - site sedimentation. It is made of permeable filter fabric buried at the bottom, stretched and supported by steel posts. The silt fence reduces the water flow while retaining the sediment. They may also be used to divert water flow to protected. outlets. Silt fences need to be checked after each significant rainfall to ensure there effectiveness. They must be maintained on a regular basis. Silt fences shall not be installed. across streams, ditches, or waterways. AREAS OF USE: At toe of fill sections where sediment runoff can be stored and contained --- - - *-inside' the- 'project limits:- -. - - - -- - - DESIGN- CRnTRIA: Material With Wire Without Wire Fabric Type 3--Class A Type 3 CIass D' -Steel posts length 5 ft Post spacing 5 ft..... IO ft. 6 ft. maximum 17 March, 1992 SILT BASIN TYPE-B: A silt basin type-B is a temporary basin built to collect sediment flowing through a drainage way. The silt basin is built at the base of the ditch �vith its leng th being at least 2 times the width of the basin. The type-B silt basin is generally built in conjunction with temporaryrock silt checks and other devices that control or slow down water flow. This device -must be monitored closely and cleaned out on a regular basis until grass is established along the ditch line and sedimentation is no - longer a problem. AREAS OF USE: • In conjunction with temporary . p ary rock silt checks and other -devices --used in -----------dramageditches.=-- -- - - - -:-- - ---- ---- -- ------ ------------------ --:-: -:-------- DESIGN CRITERIA: . o See Silt Basin Sizes Typical. 23 March, 1992 Silt Basin Sizes 2- , Length of Disturbed,Area = 100' Silt Basin — 1 (S.B. 7) 3 Length of Disturbed Area 200' Silt Basin — 2. (S.B. 14) 2I 3 2T Silt Basin — 3 (S.B. 21) Length of Disturbed Area = 300' Length of Disturbed Area = 400' Silt Basin — 4 (S.B. 28) ;Basin Sizes based on 600 cubic feet of storage per acre. Basins to be cleaned out after every storm event and when basins are half full. -4 m '3v O aZ �7 2 O ci cn 7C y z N v m v v c� :13 m ►-+ n Z O 'O m 00 633.02 TEMP. STONE DITCH CHECK — STRUCTURAL -STONE - \ BACK. SLOPE ISOMETRIC VIEW NOTES' STRUCTURAL STONE SHALL BE STONE FOR EROSION CONTROL CLASS "B" AND SHALL BE PAID FOR AT THE CONTRACT UNIT PRICE PER TON 'STONE FOR EROSION CONTROL CLASS "Bl". THE ENGINEER MAY DIRECT THE OPTION OF CLASS "A" STONE FOR SITES HAVING LESS THAN ONE (1) ACRE DRAINAGE AREA AND A DITCH GRADE LESS THAN 3%. PAYMENT SHALL BE UNIT PRICE PER TON 'STONE FOR EROSION CONTROL CLASS SEDIMENT CONTROL STONE SHALL BE NO.-5 OR 57 STONE AND SHALL BE PAID FOR AT THE CONTRACT UNIT PRICE PER TON "SEDIMENT CONTROL STONE". SEDIMENT CONTROL STONE SHALL BE USED AS DIRECTED BY THE ENGINEER. 1' MIN. NATURAL GROUND I CROSS SECTION OF,PAVEMENT VEE DITCH BASE OF DITCH 1' MIN. NATURAL GROUND 12" � SEDIMENT 12' MIN. q TRAP FLOWzk RE OPTIONAL TYPE "B" 4'-6" CROSS SECTION SILT BASIN -------- `12" THICK SEDIMENT TRAPEZOIDAL DITCH CONTROL STONE ELEVATION VIEW i v �m �u n00 � -n cn nDDOm �cnoo NOTE o,- 0m STRUCTURAL STONE SHALL �D BE STONE FOR EROSION >� CONTROL (CLASS "B") AND io SHALL BE PAID FOR AT THE z CONTRACT UNIT PRICE PER TON "STONE FOR EROSION• (CLASS "B"). SEDIMENT CONTROL STONE SHALL BE NO. 5 OR NO. 57 STONE AND SHALL BE PAID FOR AT THE CONTRACT UNIT z PRICE PER TON "SEDIMENT H CONTROL STONE." C cn MAXIMUM DEPTH OF DAM 0 � SHALL BE NO DEEPER THAN 1 FT. ABOVE NORMAL FLOW' N z DEPTH. H v r D --I m v N v 0 D mH z � 1 `6" MIN. 2 y 1� 1 3'MAX. SEDIMENT C04TROL STONE ` STRUCTURAL STONE CROSS SECTION 1 OF 1 6.01 TOP OF BANK �I iL BASE OF STREAM —�,� I • i TOP VIEW i TOP OF BANK V-G" MIN. FRONT VIEW z oC/3 H } Z~=. cc lL.JOH oocc �x� moo < c~nIz-~oLu . oocaa z ,>� ~ H a. w0 0 z Z H Lu 3 W o v cr h- Q J O H . z N �Y V H CC J C7 z Lu 1636.01 0 �m � � Z noo D -i _ -4 > nDDm CU)oo ,-vr. -T ,)0H CAD ;D C� F O L; Z CC TOP OF FILL GROUND LINE - \ I I.D. MIN. 1/10 O.D i TOP OF FILL I TOP OF FILL GROUND LINE —\' I11 YIN 1/10 O.D. O.D. 4:4' Y1" PER FOOT OF H BUT NOT LESS THAN 12" NOR MORE THAN 24" NORMAL EARTH FOUNDATION 3 TOP OF FILL m — "� m 2 I.D. O.D. O.D. * 4' ROCK FOUNDATION PIPE IN TRENCH TOP OF FILL ---r GROUND LINE H YIN. 1/10 O.D. „r EARTH - ROCK jll� O.D. .AS DIRECTED BY ENGR. J r O.D. + 4' UNSUIT BLE MATERIAL FOUNDATION TOP OF FILL z YIN. O.D MIN. O.D. 11 Y[N. O.p. MIN. 0. N GROUND LINE. _n i, GROUND LICOO NE GROUND LINE I.D. - _ YIN_ 1110 0.D I D I.D. i%i� ." 4IN_-1/10'O.D= I1 H Z 7 D _rn _rrr�rh �/off _r _ _ ",o/oNr p , =,r1 rrr b — iir — — m 37 YIN. III O.D D.D: _ �[• �- ROCK YIN. O.D. err= O.D. rrr _rr=,ir= YIN. O.D. H 0 Yg" PER FGOT'OF H �•' AS DIRECTED BY ENGR. > Z 0 BUT NOT LESS THAN 12" O.D. + 2' -� 77 NOR MORE THAN 24" --4 > NORMAL EARTH FOUNDATION ROCK FOUNDATION UNSUITABLE MATERIAL FOUNDATION z PIPE ABOVE GROUND r GENERAL NOTES: APPROVED SUITABLE LOCAL MATERIAL OR SELECT MATERIAL FOR FOUNDATION CONDITIONING D T AS DIRECTED BY THE ENGINEER. 1 0 I.D. - THE MAXIMUM HORIZONTAL INSIDE DIMENSION. APPROVED BACKFILL OR SELECT BACKFILL MATERIAL. WHEN 'H' IS GREATER THAN '30', SELECT MATERIAL OF THE APPROPRIATE CLASS SHALL BE USED AS FOLLOWS: O O.D. . THE MAXIMUM HORIZONTAL OUTSIDE DIMENSION. l'Frn= "I a-: „ UNDISTURBED EARTH MATERIAL Z H - THE FILL HEIGHT MEASURED VERTICALLY AT ANY POINT ALONG THE PIPE SELECT MATERIAL H, FROM THE TOP OF THE PIPE TO THE TOP OF THE EMBANKMENT AT THAT POINT. CLASS IV OVER 50 FEET CLASS III OVER 40 FEET THROUGH 50 FEET •• CLASS II OVER 30 FEET, THROUGH 40 FEET THE CLASS OF SELECT MATERIAL TO BE USED FOR AN INDIVIDUAL PIPE INSTALLATION WILL i BE BASED ON THE MAXIMUM 'H' WHICH OCCURS ALONG THE PIPE INSTALLATION. A HIGHER CLASS . SELECT MATERIAL, NOT TO EXCEED CLASS IV, MAY BE USED IN LIEU OF CLASS II OR III. 1 OF SELECT MATERIAL WILL NOT BE REQUIRED AROUND THOSE PORTIONS OF AN INDIVIDUAL ' PIPE INSTALLATION LOCATED UNDER THAT PART OF THE FILL WHERE 'H' IS 30 FEET OR LESS 0.01 _ HEAVY EQUIPMENT SHALL NOT OPERATE OVER ANY PIPE CULVERT UNTIL THE PIPE CULVERT HAS _ BEEN PROPERLY BACKFILLED AND COVERED WITH AT LEAST 3 FEET OF APPROVED MATERIAL. z ' 0 O N } Q Q f- H fi M f LI..JON 00c2' LLQZLL Cnf-LLOJ ZO►O-+� > CL � H LL Z 0 c H LL CD J z -� Q IL W O ZH Q 0 a W o CL Q HLL <a� LL O 00 LU W E SHEET 1 OF 1 300.01 SECTION 1042 RIP RAP MATERIALS 1042-1 PLAIN RIP RAP. Stone for plain rip rap shall 'consist of field stone or rough unhewn quarry stone. The stone -shall be soiuid, tough, dense; resistant to the action. of air and water, and suitable in all other respects for the purpose intended. Where broken concrete from demolished structures or pavement is available, it may be bsed in place of stone provided that such use meets with the- approval of the_ Engineer. However, the 'use of broken concrete which contains reinforcing steel will not be permitted. All stone shall meet the "approval to the Engineer. While no specific gradation is required, the various sizes of the' stone shall be equally distributed within the required size range. The size of an individual stone particle will be determined by measuring its` long dimension. Stone or broken concrete for Rip Rap shall meet the requirements of Table 1042-1 for the class and size distribution. TABLE 1042-1 ACCEPTANCE CRITERIA FOR RIP RAP AND STONE FOR EROSION CONTROL REQUIRED STONE SIZES - INCITES CLASS -- ' MINIMUM MIDRANGE MAXIMUM A 2 4 6 B 5 8 12 1 5 10 17 2. 9 1 14 23 No more than 5.0% of the material furnished can be less than the minimum size specified nor no more than 10.0% of the material can exceed the maximum size specified. X8 ----:�!> WF McGM { A S S O C I A T E S January 4, 2005 Ms. Cyndi Karoly 401 Oversight / Express Review Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 RE: Polk County. Recreational Complex Impervious Surface DWQ Project Number 04-1913 Dear Ms. Karoly: Per our phone conversation on January 3, please find (3) copies of page 12 from the our original Pre -Construction Notification that explains the total impervious area on the project. If you -have any questions, please do not hesitate to call me or: Gary Wood from our office. Thank you for your time and patience in this matter Sincerely, McGILL ASSOC TES, P.A. %o 04 MICHAEL CLARK Cc: Kevin Barnett � Q JAN - 6 2005 M:/projects/03198/ck1-4-05 WATER QUALITY SECTION ASV ILLE REGIONAL OFFICE Engineering P l a n n i n g fi n a n c e McGill Associates, P.A. P.O. Box 2259, Asheville, NC 28802 55 Broad Street, Asheville, NC 28801 828-252-0575 FAX 828-252-2518 fi XI. 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. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. 2.41 acres im ervious .versus 53 acres Pervious. Erosion control measures will be installed and maintained: Vegetation will be established as soon as ractical. Sewage Disposal (DWQ Only) 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. OM XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H Yes ❑ No Is this an after -the -fact permit application? Yes ❑ No XIV. Other Circumstances (Optional): 0500) or any Buffer.Rules? 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 T eatened Species, accessibility problems, or other issues outside of the -applicant's control). �O l a Applicant/Agent's Signature v Date (Agent's signature is valid only if an authorization letter from the applicant is provided.)- Page 12 of 12 11 If buffer mitigation is required, please discuss what type of miti-ration' 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 (D)?VQ Only) Describe impervious acreage (both existing. and proposed) versus total- acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. . 2.41 acres im-pervious versus 53 acres pervious. Erosion control measures will be installed and maintained. Vegetation. Will be established as soon as ractical. XII. -Sewage Disposal (DWQ Only). 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.- XII-I. Violations (DWQ Only) Is th_is.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 F eatened Species, accessibility problems, or other issues outside of the applicant's control). ,- 1-2 cut c,_.� Applicant/Ajent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 If buffer mitigation is required, please discuss what type of mitigation'is proposed (i.e., Donation of Property, Conservation Easement, Riparian.Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC -2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. 2.41 acres impervious versus 53 acres pervious Erosion control measures will be installed and maintained. Vegetation will be established as soon as practical XII. Sewage Disposal (DWQ Only) 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. 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 pennit application? Yes ❑ No XIV., Other Circumstances (Op.tionaI): 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 T eatened Species, accessibility problems, or other issues outside of the applicant's control). ,- / i r 3 / �- °emu cup a 10 l a �1O 3 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Paoe 12 of 12 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 10, 2005 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1913 Polk County Polk County D E C' E L U E Attn: Kiram Shihata Post Office Box 308 Columbus, NC 28722 JA N 1 2 2005 0 Subject Property: Polk County Recreational Complex ' i WATER QUALITY SECTION Approval of 401 Water Quality Certification with Additional Con l lons ASHEVILLE REGIONAL OFFIC Dear Mr. Shihata: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 143 feet of streams for the purpose of recreational complex construction of the subject property, as described within your application dated November 8, 2004 and received by the N.C. Division of Water Quality (DWQ) on November 29, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). 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, and Non -discharge 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 211.0506 (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: 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 Approved (Units) Plan Location or Reference Stream 143 (feet) 404/CAMA Wetlands n/a (acres) Waters n/a (acres) 401 Oversight / Express Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetiands Nco 'Carolina Ntundy rnot not D...d /+.............. Dnn Polk County Page 2 of 3 January 10, 2005 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. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 Polk County Page 3 of 3 January 10, 2005 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 Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Alan W. Klimek, P.E. AWKIbs Enclosures: GC 3404 Certificate of Completion cc: McGill Associates, Post Office Box 2259, Asheville, NC 28802 USACE Asheville Regulatory Field Office CD-W- Asheville--Regional-Office DLR Asheville Regional Office File Copy Central Files Filename: 04-1913 Polk County REcreation Complex (Polk) 401 - GM Mc V A S S O C I A T E S November 16, 2004 Mr. John Dorney Division of Water Quality 401 / Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Domey: SAS ODEC ' 1-5'2004 N U V 2, 9 2004 DENR - WKI-ER QUA {TY WETLANDS AND STORMWATER BRANCH RE: Preconstruction Notification Proposed Polk County Recreation Complex Polk County, North Carolina Please find enclosed a submittal package including seven (7) copies of the executed Preconstruction Application, location map, plan sheets and details and a $200 application fee for the subject project. As part of the project we will be installing 70 LF of 60" RCP that will impact 125 LF of stream realignment to provide better flow characteristics, and the addition of 18 L.F to an existing 36" CMP. The total impact to the existing streams will be 143 LF. If you should have any questions or comments regarding this application, do not hesitate to call me or Bill Roark. ' Sincerely, McGILL ASSOCIATES, P MICHAEL CLARK Enclosure: cc. Dale Pennell, Karim Shihata P�l Y'I w RECEIVED E n g i n e e r i n g • P l a n n i n g F i n a n c e McGill Associates, P.A. P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • FAX 828-252-2518 Office Use Only: - Form Version October 2001 ♦ USACE Action ID No. DWQ No. O 4 ` 91 3 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 project: ® Section 404 Permit ❑ Section 10 Permit ® 401 Water Quality Certification ❑ Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 14 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: ❑ II. Applicant Information 1. Owner/Applicant Information Name: Karim Shihata. Polk Count Mailing Address: Polk County Post Office Box 308 Columbus, North Carolina 28722 Telephone Number: 828-894-3301 Ext. 8 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 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so .long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size. plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided: 1. - Name of project: Polk County Recreation Park Complex 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Polk Nearest Town: Columbus / Mill Spring Subdivision name (include phase/lot number): I Directions to site (include road numbers, landmarks, etc: From I-26E to US 74E, Take exit 36 toward Columbus. Merge onto 74E then take NC 108 exit # 136 towards Columbus / Mill Spring. Turn left onto hwy 108. Site is just before Stonecutter Factory. 5. Site coordinates, if available (UTM or Lat/Long): N/A (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 use or condition of the site at the time of this application: Wooded and partially cleared- 7.. Property size (acres): 73 Acres 8. Nearest body of water (stream/river/sound/ocean/lake): South Branch Little White Oak Creek and Silver Creek. 9. River Basin: Broad River Basin (Note — this must be one of North Carolina's seventeen designated major river basins.. The River Basin map is available at littp://h2o.enr.state.nc.us/adminJmaps/.) Page 6of12 10. Describe the purpose of the proposed work: To construct a new recreational complex with baseball fields, playground equiptment, and walking trails. 11. List the type of equipment to be used to construct the project: Backhoe, Bulldozer, Road grader, Frontend Loader, Dump Trucks 12. Describe the land use in the vicinity of this project: Residential, Commercial, Farming and industrial. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior ,segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this -proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N.A. * 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 hiip://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: 0 Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (pleasespecify) 1 Culvert 18' South Branch White Oak 6' Perennial .2 Stream Realignment 125' South Branch White - Oak 8' Perennial * 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.uses.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: 143' Page 8 of 12 3.. Open Water Impacts, including .Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound,, bay, ocean, etc.) 0 T List eacn impact separately ana identuy temporary impacts. impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ❑ 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 construction to reduce impacts. To the greatest extent possible, crossings have been minimized. Culverts are as short as possible and stream revisions are only proposed as seen necessary to provide stable channel adjacent to the proposed road embankment. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150, linear feet of total impacts to perennial streams. Page 9 of 12 USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited -to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in. DWQ's Draft Technical Guide for Stream Work in North Carolina,...available at http://h2o.enr.state.nc.us/iicwetlands/stnn_gide.html. 1. Provide a brief description of the proposed mitigation plan: The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by- payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement.. Check the box indicating that. you would like to pay into the NCWRP.. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htn-L If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non -riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public 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 (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 El - 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 213 .0233 (Meuse), 15A NCAC 2B .0259 - (Tar -Pamlico); 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ❑ No.® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 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. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (DWQ Only) 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. 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 ❑ 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). 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Ross Jr., Secretary - �-. North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality September 13, 2004 DWQ Project# 04-_1132 -P61k County John T. Mize Post Office Box 691 Columbus, NC 28722 Subject Property: John T. Mize-Rond Polk Coun Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Mize: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact no more than 140 linear feet of an unnamed tributary to Henson's Creek for the purpose of irrigation at the subject property, as described within your application received August 23, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) 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 state stormwater regulations. 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: 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 including4ncidental impacts: Amount Approved Plan Location or Reference (Units) Stream (Perennial) No more than 140 Dam fill linear (feet) 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper John T. Mize Pond Page 2 of 5 September 13, 2004: 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. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow (No Review) ANY 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 any waters of the state. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. John T. Mize Pond Page 3 of 5. September 13, 2004: - 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 to ensure compliance with 15A NCAC 2B..0200 and GC 3402. 8. Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the stream boundary not associated with the proposed impoundment on this site must be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. _Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different. native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) 9. Written Stormwater Management Plan (No Further Approval Needed) A final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement), must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 10. 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. 11. Standard Erosion and 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: a) 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) 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. John T. Mize Pond Page 4 of 5 September 13, 2004: 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) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site'at all times. 12. 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. 13. No Sediment and Erosion Control Measures in Wetlands 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 or locally delegated program has released the project. 14. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self -monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm. 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. John T. Mize Pond Page 5 of 5. September 13, 2004: - 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 828 251.6208. Sincerely, lan W. Klimek, P.E. AWK/khb Enclosures: GC 3402 Certificate of Completion cc: Mr. Gerald Harbinson, USDA Courthouse Amiex Post Office Box 236 Columbus, NC 28722 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office Central Files Filename: 04-1132.issued401. WQC#3402 J `LAOTriage Check ListI2''0 4 QUALITY SECTION Date: j� Project Name: DWQ#: County: -2 To: ARO Kevin Barne ❑ WaRO Tom Steffens ❑ FRO Ken Averitte ❑ WiRO Noelle Lutheran ❑ MRO Alan Johnson ❑' WSRO Daryl Lamb ❑ RRO Mike Horan From: Telephone: (919) Gov 7 The. file attached is being forwarded to "pur 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 _E 1 inimization/avoidance issues ❑ Buffer Rules (Meuse, Tar -Pamlico, Catawba, Randleman) ❑ Pond fill Mitigation Ratios ❑ Ditching ❑ Are the stream and or wetland mitigation sites available and viable? ❑ Check drawings for accuracy ❑ Is the application consistent with pre -application meetings? ❑ Cumulative impact concern Comments: 15 USDA, Natural Resources Conservation Service Courthouse Annex WETLANDS 1401 GROUP P. O. Bog 236, Columbus, N.C. 28722 (828) 894-8823 JUL 1, _2.2004 WATER QUALITY SECTION July 9, 2004 John Dorney Division of Water Quality 401 Wetlands Unit , 1650 Mail Service Center . 041 1 3-2 Raleigh, NC 27699-1650 Dear Mr. Dorney, I am assisting Mr. John Mize to construct an impoundment to capture potential nutrient and pesticide runoff from his nursery operation here in Polk County. This is being done though the USDA Environmental .Quality Incentives Program (EQIP). Enclosed are 7 copies of the PCN and -the General Permit Verification from the USACOE. Also enclosed are location maps and design information. If you have any questions please give me a call'. Sincerely, Gerald Harbinson District Conservationist U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200430991 County Palk Quad EMCTFR VILLE. FAST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: John T. Mize Address: P.O. Box 691, Columbus, NC 28722 Telephone No: Zone: 44 UTM or LAT/LONG: North: 3898957 East: 588959 Size and Location of project (water body, road name/number, town, etc.): Pond project located 'on the Mize greenhouse property on Tanner Road (SR 1357); north of Sandy Springs Description of Activity: Construct a 0.9 acre water quality pond on an intermittent, unnamed tributary to Hensons Creek. The pond will impact approx. 350 LF of stream channel by dam fill and inundation. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: NW39 Nationwide Permit Number Y Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. 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: June 29, 2004 Corps Regulatory Official: Stephen D. Chapin Expiration Date of Verification: June 29, 2006 cc: USDA-NRCS (Gerald Harbinson) CESAW Form 591 Revised July 1995 Telephone No.: (828) 271-7980 x 224 Office Use Only: Form Version May 2002 ®41142 USAGE Action ID No.' DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Ch ck all of the approval(s) requested for this project: [Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ 2"401 Water Quality Certification 2. Nationwide, Resional or General Permit Number(s) Requested 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (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 Name: To k n T M Mailing Address: F O_ Box �9/ Co Iu,--,60.S NG 122, Telephone Number: - 963 o 1�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: 1 6LY "b , n S o Company Affiliation: I 1> Naf" eso%&AGeS v; flailing Address:__ Telephone Number: E-mail Address: G �. NaYb; �so►� r Page 5 of 5 Fax Number: - 8,18 nc . KSCId . G 01/ 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 shoving property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size 'construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. Name of project: I) o k-11 /J: zP pon d 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): j� 4. Location / County: Po Nearest Town: GO1 w.-n 6 t,-,$ Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): rox; M O,R M; le na-n cif- `�` 41kiCe� aF 1 ev- CkdJ &(SrZ IAQ) c—X TN - .a, 4,4 (c'P12.Z�*7)J_ r' n d r; be 'fie rate %,v KSe.s . �o I 6R •,�� Site coordinates, if available (UTlV1 or Lat/Long): 35 0 / Y � $ " 010 S$ YD (Note — If project is linear, such as a road or utility line, attach a sh et that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Nearest body of water (stream/river/sound/ocean/lake): 14"So ns C ree K S. River Basin: 16 ►"o at d (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/map-,/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application �&e/u-J 5 � �a 4 `i�`� re o-F C.. W �� % s, czcAe s h a ve T,ts �� `f bra,, �� . Y' .e oKe srha irP �re�s/sue Page 6 of 6 10. Describe the overall project in detail, including the tyy oMd kJ : I ! be Cep S-� Cfic1 CIO w-n s d2p— < CIO/sect ea-, -1= ra-1 c � -1% r- � t CanA Te VJ5Z, (J; I f be cox- I -, 721- d -Fg-, , r ,g6-J: 9,1 . a 4y-ac. K l� b A cloy, w', 6 6e. u 11. 7 Expllain/ L the purpose of the proposed C 0-4 ; 4 r ✓h �C�' Y,J M h.t IV. Prior Project History of equipment to be used 6 CAe b*,4 ci d es If jurisdictional determinations and/or permits have been. requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. 60 -n,-: M hS�O Y%/ 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. O 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 Iisted herein, and must be clearly identifiable on an accompanying site plan_ All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 1. Provide a written description of the proposed impacts: he, Ge�,s-,',ru c �� 4 CA a o-,., d Individually list wetland impacts below: Wetland Impact I Site Number Type of Impact* (indicate on man) I Area of Impact (acres) Located Nrithin 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** I I I I I I I 1 I 1 1 List each impact separately and identiA• temporary impacts. Impacts include, bui are not limited to: mechanized clearing, grading, til, excavation, flooding, dirchins/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 (FELLA) Flood Insurance Rate Maps (FIRM), or FENL4-approved local doodplain maps. Mats are available through the FEIN1A Map Service Center at 1-800-358-9616, or online at htto:/hvw-,v.fema.gov. List a wetland t`pe that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) E / - I� P ►�1.�,ti.1 I� ! O r I (.C7" •�° o� C✓� K 3� �nfe('M i -f-f- I yyI I I I I 1 I 1 I I l I List each impact separately and identih• 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 %all, rip -rap. crib wa1L 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 Wraps. If a stream has no name. list as UT (unnamed tributary) to the nearest dov.nstream named stream into which it flows. liSGS maps are available through the USGS at 1-300-363-9616. or online at ti1�u.usQs.gov. Several intemet sites also allow direct da aitlead and printing of USGS maps (e.g., w x-w.toaozone.com. %1--1tw.maoouest.com7 etc.). Cumulative impacts (linear distance in feet) to all streams on site: /uo Page 3 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, 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. PondCreation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ®, stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.): ec2da' 1 / em bcz•-r►►�+ Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): i rrig az� / Cam, t,�Ja�¢, q IC4fC'_+s of watershed draining to pond: `fZ• S Expected pond surface area: 0.9 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIEL 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 toy150 linear feet of total impacts to perennial streams. Page 9 of 9 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 htto://h2o.enr.state.nc.us/ncwetlands/strm!aide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,. creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htti)://h2o.enr.state.nc.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non -riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 LY. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public Oederatate) funds or the use of public (federal/state) land? Yes '4 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 [4 No ❑ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (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: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitisation I 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. Page 11 of 11 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. ; 1 �J rn ►ti,�l�ie'�t (�/�.�•-.�'-a,.ses �..d ��sZl. UI wvwJ�" Jy; /► b-E ra ICerJW d Dw\d XH. 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. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No 21 Is this an after -the -fact permit application? Yes ❑ Nof�T 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). S- 2-z) - D Applicant/ ent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 :\=: _ : -� .. t rl `' �l ` `; � tt ( (. rf � � .f � � __ _ /,•- .lf r` ! f . j ,r IQ Lak EE 1 t �. C-� t} S / 1 ,t�f //; r, ��< < �: John Mize Pond Site Location Map f "Al -� �--� /� - ,r �.�' `� � 1 ) �f ".,• pond site � ��.' • 41 Ir Ile, t r I �•�� `yt- A 4l IF Al aq i J+ 130 1104 ................ In .. . ... .. .......... IX John Mize "Water Quality Pond" Polk County, NC Approximately 8 acres of nursery area and greenhouses will drain into the proposed pond. Summar of Design Top of Dam - 995 Emergency Spillway - 992 Normal Pool 990.6 Total Storage - 9.9 acre feet Storage - 4.9 acre feet =1,596,000 gallons Top of Dam width - 12 feet Emergency Spillway width. - 30 feet All side slopes of embankment - 3:1 Side slopes of emergency spillway - 2:1 Embankment Fill - 5,130 cubic yards + 5% - 256 5,386 cubic yards Rough Estimate Cutoff Treanch - 600 cubic yards Samuel C. Bingham Civil Engineer USDA, NRCS J I ; . U.S. DEPARTIIENT OF AGRICULTURE SOIL CONSERVATION SERVICE NC-ENG-16 POND DESIGN - WORK SHEET (Not Flood Routed) Pond Owner lylIZ-e Address County ��� Telephone No. Location Code DETERMINATION OF RUNOFF CURVE NUMBER FOR ANTECEDENT SOIL MOISTURE CONDITION II I (Ch•nnter 7 - FnvinePrino Field Mnminl) 10-85 Land Use Or Cover Treatment Or Practice Hydrologic Condition Hydrologic Soil Group Acres Curve No. Curve No. x Acres S t ,mac � GL �'✓L�'SL Sum of Acres ISum of Product = Weighted Curve No. = Sum or curve No.Sum of Total No GENERAL DATA Hazard Class - tiQ+� (NEM•520.21(e)) Drainage Area Ac. Average Watershed Slope - % z- % Slope Interpolating (Correction) (EFM Page 2-8.1) Factor - N/, Normal Pool Surface Area - 8Cj Ac. x Acres _ Acres Effective Height -/� j Ft. (NEM 520.21(d) s1�s-r� yz Storage - '7, Z Ac. Ft. (NEM 520.21�b)) Effective Height x Storage - /� 77 Engineering Job Class - (NEB[ NC 501.09 Use CN SUMMARY Normal Water Level Elev. -q0. (;- Required Storage (Ft. ) 5�2 .�a + �, Z O1/l"1 Crest Emergency Spillway Elev. Q 9 z,�, Emergency Spillway Stage,( p) (Ft.) 1, Z Design High Water Elev. '),?Y.p Freeboard (Ft.) + 1,0 Settled Top of Dam Elev. gc?.57: Est. Storage to Top of Dam Ac Ft Overall Height (NEM 520.21(c)) r' Ft. Dam Safety fqt^ Inventory Size t4 o (NEM NC 501.09) (NEM 520.21(f)) ZEQUIRED DETENTION STORAGE (PS-378) (EFM - Chapter 2, Rainfall Data Maps) I Yr - j Day = 3_ Inches Rainfall = b,(o(p Inches Runoff (EFM - Page 2-51a) tequired _ ( In. Runoff)( Ac. DA) Ac.Ft. _ s-e�e 1-c"- 3torage 12 In./Ft. Ac.Ft. Ac.(Pool) Ft. Use Ft. :MERGENCY SPILLWAY DESIGN (PS-378) (EFM - Chapters 2 & 11) Yr - Day _7&IV Inches Rainfall = ( CFS)( ^) = Q = CFS ,EFM 11-53 to 11-54h) Retardance: Maximum Velocity: fps Length Control Section: Ft )ischarge (q) = CFS/ft. Stage (Hp) = ft. Outlet Slope ange Min Max ;ottom Width = Q q = - = Ft. Use L Ft. Use Outlet Slope = :omputed By Date 1 —03 ;hecked By Date I r Volume in Dam without Cutoff Trench and Topsoil Removal Prismoidal Volume Results ❑riginal Surface Model; or_ Final Surface Model: dam Cut Compaction Factor: 0,00 Fill Compaction Factor: 0,00 Raw Cut Volume: 1,44 cu yd Compacted Cut Volume: 0,00 Cu yd Total Cut Volume: 1,44 -cu yd Raw Fill Volume: 4472.56 cu yd Compacted Fill Volume: 0.00 cu yd Total Fill Volume: 4472.56 cu vd C 50 0 50 100 150 Scale 1" = 50' y ter ductile iron Pipe nd 6' slide gate onstruct Emergency Spillway his side of Stream lev. 992,8 lidth - 30' S - 2:1 01013.14 0 1015,850 1016.76 1015.21 - 995,0 Width - 12' pes - 3:1 Aize Nursery and Greenhouse: Polk County, North Carolina Plan View Farm Pond U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERV N SE VICE Date rL % App B roved 9y S Oesiyned CB � 5-03 Title Drawn SCB 5-03 . Checked mize200 USDA, Natural Resources,Conservation Service Courthouse Annex P. O. Box 236, Columbus, N.C. 28722 (828) 894-8823 August 11, 2004 John Dorney NCDENR Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Dorney, This refers to DWQ Project # 04-1132, Polk County and 401 permit applicant John T. Mize. I am assisting Mr. Mize in this project. As requested the additional information has been included on page 8 of the PCN form. A check for $475 for the application fee is enclosed. Sincerely, Gerald Harbinson District Conservationist E ._;Kevin -Barnett Asheville Regional Office John Mize Office Use Only: E C E, � V El D AUG 1 2 2004 E REGIONAL OFFICE Form Version Mav 2002 USACE Action ID No.' DWQ No.' 42 / lIS2— (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Ch ck all of the approval(s) requested for this project: Section 404 Permit ❑ Riparian or Watershed Buffer Rules El Section 10 Permit ❑ Isolated Wetland Permit from DWQ 2"'401 Water Quality Certification 2. Nationwide, Regional or General Permit Numbers) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (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 flanagement Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ II. Applicant Information 1. Owner/Applicant Information Name: k n Mailing Address: P O. box 69 Go NC ,2L Telephone Number: - Y63 o `f 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: 1 c�Y� "ns o Company Affiliation: 1> Nai— esowtce5 cov; Mailing Address: d X ,I Telephone Number E-mail Address: C a/A. NCcYbI0fov, � Page 5 of 5 Fax Number: n� . KSCJlG . 'n nil III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so lone, 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: o) /1�: zP Pond 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): j� 130 _ •Z 4. Location / County: �o I K Nearest Town: c ( U,-n S Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): �ox� D.r�i m; le ,�� 6� fie, ;nksect� of Lee- C,,dd Kcl (sk i3 .L) _- d (EC 135 z) r ram,, �KSe.r. -rye 5 ►ree,,1-ouze5 . P&­d S : �P_ ; S d Y-� ho ws 5. Site coordinates, if available (UTM or Lat/Long): 35 / y � 8 r� OI "r-$ Yo (Note — If project is linear, such as a road or utility line, attach a sh et that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 5_0 7. Nearest body of water (stream river/sound/ocean/lake): f1"So r1s C ree 8. River Basin: 13 Y,o Q d (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ Be/u,J soV,. h �a �` , c re'n a-�, u F J a1-r ca of t/ / &I7 Se aCAe_5 Ala Vey. `f4e 6,*cl�s n �r�.,c_ 7� �z c�•e s.ti, 4 ems/ s 01� n Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: 'A O, T k vAe a Go 1 lecf 7µ1o`�v, ,J;II be c-1;I;-4e- -�a't, ;f ,g ;�. tEeAvy e9 SUc�•As a-f-racK 1-oe a-.,,c bA2 cloy w' II fie. .se, 11. Explain the purpose of the proposed ":�-, -Fro —i na d h,&4� c.; des IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. _1J, o :P -:M Ns�Or/ V. Future Project -Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, anWO rovide 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 Iisted herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 Provide a written description of the proposed impacts: Individually list wetland impacts below: �.•✓Z ,r-mac#- `v: I Wetland Impact Site Number (indicate on mao) 1 T,, e of Impact* I Area of Impact (acres) Located within IOU -year Floodp1mal (yes/no) Distance'to Nearest Stream (linear feet) Type of Wetland*** II I I I I I I I I I I I 1 I 1 I 1 * List each impact separately and identifV temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, dirchinz/drainage, etc. For dams, separately list impacts due to both structure and flooding. 100-Year tloodplains are identified through the Federal Emeraenev Management Agency's (FEVLA) Flood Insurance Rate Maps (FIRM), or FE'LA-approved loeaI doodplain maps. Maps are available through the FE'LA'Map Service Center at 1-800-368-9616, or online at httD://w%vzv.fema.gov. List a wetland type that best describes wedand to be impacted (e.s., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bav, 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: I Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number ('indicate on map) Type of Impact* Length of Impact (linear feet) Stream dame** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) E I C/ k '_-> .► 2 to r, K diss: 6% I aQ.I< 1 �Elovdn-dboo' I T SGzek I I 1 I l 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 shoving 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 U I (unnamed tributary) to the nearest dox nstream named scream into which it flows. USGS maps are available through the USGS at 1-800-368-9616, or online at U�.�ZL'.11sos.o0y. Several intemet sites also alloy direct dov.nload and printing of USGS maps (e.g, vvww.t000zone.com, Li1lly.maDQuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Ty e of Impact* F p Area of Impact act (acres) Name p Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, 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. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands 2 stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.): eG�t` •d,4­� / en Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): i r'ri ct aZc� / '_" eize of watershed draining to pond: Expected pond surface area: 0.9 VII. Impact Justification (.Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. 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 9 USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration' in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmEzide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,- creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation . easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at httT)://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 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 10 .I P If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as. identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. rn ,��x; w- �► J cazo- a^e ; ,jaiv.&,, c ( 6ixaa,-. L�,s es �d L.o v se). /Rc,- FP kJ,'/ 1 � o'ro n os e. XH. 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. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No M 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). .-` 2--e - D 0 Applicant/*ent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 MM Volume in Dam without Cutoff Trench and Topsoil Removal Prismoidal Volume Results Original Surface Model: o, Final Surface Model: d Cut Compaction Factor: 0 Fill Compaction Factor: 0 Raw Cut Volume: 1, Compacted Cut Volume: 0 Spillway Total Cut Volume: 1,I diameter ductile iron Pipe Raw Fill Volume: 4iser and 6' slide gate Compacted Fill Volume: 0. Total Fill Volume: 4 TBM - E onstruct Emergency Spillway Stake Beside Elev, his side of Stream 992,8 Width - 30' SS - 2:1 01013,14 0 007.02 1015,850 1016,7& 1015.21 i' srline 11m f Dam - 995.0 of Dam Width - 12' o ode Slopes - 3:1 0 0 Mize Nursery and Greenhouse! Polk County, North Carolina Plan View Farm Pond U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERV N SE VICE Date ib ' roved By Designed `S B 5-03 App� Title Drawn SCB 5-03 Title Traced Sheet No. Drawing File Name: Checked ^r mize! 50 0 50 100 150 v ,ter ductile iron Pipe nd 6' slide gate onstruct Emergency Spillway his side of Stream lev, 992,8 lidth - 30' S - 2:1 01013,14 0 1015.850 1016,76 1015,21 - 995,0 i Width - 12' pes - 3:1 Oize Nursery and Greenhouse! Polk County, North Carolina Plan View Farm Pond U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVA N SE VICE Date SCB 5-03 Approved By Designed Title Drawn SCB 5-03 r ` Scale 1" = 50' Traced Checked rawing File Name: mize200 IM Volume in Dam without Cutoff Trench and Topsoil Removal Prismoidal Volume Results ❑riginal Surface Model; or Final Surface Model; dare Cut Compaction Factor; 0,00 Fill Compaction Factor; 0.00 Raw Cut Volume; 1.44 cu yd Compacted Cut Volume; 0.00 cu yd Total Cut Volume; 1.44 cu yd Raw Fill Volume; 4472.56 cu yd Compacted Fill Volume; 0.00 cu yd Total Fill Volume; 4472,56 cu yd TBM - Elev, 1000,00 Stake Beside White Oak-- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality. Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director July 27; 2004 CERTIFIED MAIL: RETURN RECEIPT REQUESTED John T. Mize Post Office Box 691 Columbus, NC 28722 REQUEST FOR MORE INFORMATION DWQ Project # 04-1132 Polk County TEJ F0�1� 2 8 2004 0 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Dear Mr. Mize: On July 12, 2004, the Division of Water Quality (DWQ) received your application dated May 20, 2004 to impact 140 feet of streams to construct the proposed pond. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Plan Details Please show and list on page 8 of the PCN form all stream impacts including all fill slopes, dissipaters and bank stabilization spillways, and flooded areas on the site plan 2. Application Fee Please provide the revised application fee as discussed in the PCN Form. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One 2321 Crabtree Boulevard, Suite250, Raleigh, North Carolina 27604 NorthCaTolina Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands Natarallff An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper John Mize Page 2 of 2. July 27, 2004 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Cyndi Karoly or Mr. John Domey at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, �.. John Dorney, DWQ, Wetlands / 401 Unit JRD/bs cc: Kevin B ffleft; DVVQ-Asheville-Region. al- ffice USACE Asheville Regulatory Field Office File Copy Central Files USDA, Natural Resources Conservation Services, Post Office Box 236 Columbus, NC 28722 \ Flename: 04-1132 - John Mize (Polk) on hold Wf �OF VdA%Q - is F. ley, or GovernE L_ William G. Ross Jr., Secretary - r North Carolina Department of Environment and Natural Resources p t `C Alan W. Klimek, P.E. Director Division of Water Quality September 13, 2004 DWQ Project # 04-1132 Polk County John T. Mize Post Office Box 691 Columbus, NC 28722 Subject Property: John T. Mize Pond Polk County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Mize: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact no more than 140 linear feet of an unnamed tributary to Henson's Creek for the purpose of irrigation at the subject property, as described within your application received August 23, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) 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 state stormwater regulations. 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: 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 Approved Plan Location or Reference (Units) Stream (Perennial) No more than 140 Dam fill linear (feet) 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc. us/ncwetlands NoorthCarolina Natura!!Y An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper John T. Mize Pond Page 2 of 5 } September 13, 2004:' 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. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow (No Review) ANY 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 any waters of the state. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. John T. Mize Pond Page 3 of 5. September 13, 2004: - 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 to ensure compliance with 15A NCAC 2B .0200 and GC 3402. 8. Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the stream boundary not associated with the proposed impoundment on this site must be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different. native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) 9. Written Stormwater Management Plan (No Further Approval Needed) A final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement), must be implemented and the stonnwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 10. 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. 11. Standard Erosion and 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: a) 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) 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. John T. Mize Pond Page 4 of 5 September 13, 2004: c) For borrow pit sites, the erosion and sediment control measures mustbe designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 12. 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. 13. No Sediment and Erosion Control Measures in Wetlands 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 or locally delegated program has released the project. 14. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres],. full compliance with permit conditions including the sedimentation control plan, self -monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.uslsulFoi-ms Documents.htm. 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. John T. Mize Pond Page 5 of 5. September 13, 2004: - 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 828.251.6208. AWK/khb Enclosures: GC 3402 Certificate of Completion cc: Mr. Gerald Harbinson, USDA Courthouse Annex Post Office Box 236 Columbus, NC 28722 USACE Asheville Regulatory Field Office ODWQ—ATh'MIIU'R-Z"g-i nari oe DLR Asheville Regional Office File Copy Central Files Sincerely, Ian W. Klimek, P.E. Filename: 04-1132.issued401. WQC#3402 F W A;rF. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality 0 October 3, 2002 DWQ # 02-1471 Polk County CERTIFIED MAIL —RETURN RECEIPT REQUESTED Ivan Robinson Post Office Box 805 Columbus, NC 28722 Dear Mr. Robinson: On September 6, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetland for the purpose of a road crossing in Polk County: Approval from DWQ is required to disturb these streams. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show these on maps of suitable. scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance -with 15A NCAC 2H .0500. 1. Please provide a location map for the project. 2. Please provide cross-section details of the pipe installation. 3. Has this project been completed? Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from. you by writing within:three (3) weeks we will assume you no longer want to -pursue the project and will consider it withdrawn. L R. Dorney Water Quality Certification Program cc: Asheville DWQ Regional Office Asheville Corps of Engineers Central Files File Copy lI�i: N. C. Division of Water Quality, 401 Wetlands Certification Unit, i' I 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) = J ` 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) !1 Wlts Lfi fjlJf�Li E �` StiC'i 1�1 i (919) 733-1786 (phone), 919-733-6893 (fax),,(http://h2o.enr.state.nc.usincwetlgnds P'SHEVfII-1`�REI ?"If". '= Rpr 08 03 02:02p DWQ USER (919)733-0059 P. 1 Action m 200330610 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Notification of Unauthorized Activity/Pei Responsible Party: Telephone Number: Mr. Bill Davis 315 Timberbrook Ln. Tryon, NC 28782 County: Polk POSL 0.1. a of paw: Fax Note R7673 To Qk d ig z.%er Fax# ,A . v From� n ai. 44 Phone# Size and Location of Property (waterbody, Highway name/number, town, etc.): Site located south of SR 1005, just downstream from the bridge on the Green River, north of the community of Cox Store. Description of Unauthorized Activity/Permit Noncompliance: Unauthorized installation of an irrigation line on the bed of the Green River and deposition of approx. 20 cubic yards of spoil material on the edge of the river upstream from the line. Indicate which of the following apply: X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403) Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1) Unless you have a Department of the Army permit for the above -described activity, it is a violation of federal law as specified above. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit. Any further unauthorized work in waters or wetlands will be considered an intentional violation of federal law. If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative action, and may request U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers regulatory program, please contact Steve Chapin at (828) 271-7980 X5. Remedial Action Requested: (1) Complete removal of irrigation pipe or re -installation of the pipe under the bed of the river; (2) Complete removal of above referenced spoil material to a contained, high ground location. ALL WORK MUST BE DONE WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Your signature acknowledges receipt of this notification. Property Owner/Responsible Party Signature Project Manager Signature, Date: March 31., 2003 cc: Wanda Frazier,NCDENR-DWQ,59 Woodfin Place, Asheville, NC 28801- 2482 CESAW Form 607 1 OCT 12 J -JQ Action ID: 200330610 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: Polk Pos[ It Date # of pages Fax NjjoteeR�R76731 To Wr�i1 Cl Ct �%� ZI e✓ From �Hy Phone# Notification of Unauthorized Activity/Permit Noncompliance Responsible Party: Telephone Number: Mr. Bill Davis 315 Timberbrook Ln. Tryon, NC 28782 Size and Location of Property (waterbody, Highway name/number, town, etc.): Site located south of SR 1005, just downstream from the bridge on the Green River, north of the community of Cox Store. Description of Unauthorized Activity/Permit Noncompliance: Unauthorized installation of an irrigation line on the bed of the Green River and deposition of approx. 20 cubic yards of spoil material on the edge of the river upstream from the line. u t5 l+� � � �l i y � �• Indicate which of the following apply: AM a Ji JX Unauthorized Activity River & Harbor Act, Section 10 (33 USC 4 3) Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 13 Unless you have a Department of the Army permit for the above -described activity, it is a violation of federal law as specified above.. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit. Any further unauthorized work in waters or wetlands -will be considered an intentional violation of federal law. If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative action, and may request U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers regulatory program, please contact Steve Chapin at (828) 271-7980 X5. Remedial Action Requested: ` (1) Complete removal of irrigation pipe or re -installation of the pipe under the bed of the river; (2) Complete removal of above referenced spoil material to a contained, high ground location. ALL WORK MUST BE DONE WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Your signature acknowledges receipt of this notification. Property Owner/Responsible Party Signature Project Manager Signature 5 Date: March 31, 2003 cc: Wanda Frazier,NCDENR-DWQ,59 Wood£in Place., Asheville, NC 2.8801- 2482 ^ CESAW Form 607 1 OCT 12 Action ID: 200330040 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: Polk Notification of Unauthorized Activity/Permit Noncompliance Responsible Party: Mr. Jack Edwards' White Oak Mountain, 474 Serpentine Dr. �� D{r Columbus, NC 28722 OCT 2 1 2002.' Telephone Number: Size and Location of Property (waterbody, Highway name/number, town, etc.): ~ '� Edwards Property located at White Oak Mountain development, Serpentine Drive, north of Columbus. Description of Unauthorized Activity/Permit Noncompliance: Installation of 5 small dams along approximately 75 linear feet of stream channel in the headwaters of Horse Creek for aesthetic purposes. The total amount of fill placed in- the channel for the dams is approximately 25 linear feet. Indicate which of the following apply: X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403) Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1) Unless you have a Department of the Army permit,for the above -described activity, it is a violation of federal law as specified above. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit. Any further unauthorized work in waters or wetlands will be considered an intentional violation of federal taw. If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative action; and may request U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers`regulatory program, please contact Steve Chapin at (828) ,271-7980 X5.T Remedial Action Requested: Submit the enclosed after -the -fact permit application to this office for approval. Your signature acknowledges receipt of this notification. Property Owner/Responsible•Party Signature , X Project Manager Signature_ Date: October 17, 2002 cc: Wanda Frazier (NCDENR—DWQ);59 Woodfin P1.,Asheville,NC 28801-2482 CESAW Form 607 1 OCT 12