20120604 Ver 1_401 Application_20120612

20
4
North Carolina Department of Environment and Natural Resources
Dnnslion of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
Apn123 2012
Mr David Benenhaley
9216 Black Road
Midland NC 28107
Subject Unapproved In Stream Ponds
9216 Black Road
Union County NC
Dear Mr Benenhaley
On April I e your letter was received by this office regarding the ponds at the subject site We have reviewed the
letter and the explanation for the pond construction The issue has been discussed with the Army Corps of Engineers
(COE) as to how the situation may be rectified Based on our discussion the following is required
• The lower secondary pond will need to be removed and the stream channel restored to its original state
Once the dam has been breached to allow free flow of the stream we can give guidance as to what needs to
be done to restore the channel Care must be taken when breaching the dam to prevent sediment/dirt from
Impacting downstream
• The larger pond can remain However this pond will have to be permitted The Impacts associated with the
upper pond are approximately 375 linear feet The COE will determine If mitigation is required for the impacts
associated with the upper pond
A PCN form (application) has been enclosed for you to complete and submit to the COE It has been partially
completed for your convenience Areas highlighted in yellow will need to be filled out
• As discussed at the site during the initial site visit we understand that there have been issues with the
driveway /stream crossing /dam The dam / dnveway must be constructed to properly function and to maintain
stability
s an ted that the applica J n to the CO a submitted no later than June 15 2012 Please provide a
to this O if you have any
o qu
es ou a application please see the following link
httn &noct rncdenr oro /webANQ /swD/ws /401 /certsandoermits/aDD iv If you have any other questions about the application
or other matters please contact me at 704 235 2200
Sincerely
Alan Johnson
Env Sr Specialis
cc Shelton Sullivan Compliance Enforcement
Mooresville Regional Office
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 '(e
Phone ( 704) 663- 16991Fax. [phone] Customer Service 1-877- 623 -6748 1 `o) fC�as+iO ,,�a
Internet httpJ /portal ncdenr org/wet�Mrq rl�L f ziL
An Equal Opportunity /Affirmative Action Employer — 50% Recycted/10% Post Consumer Pacer y

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2 ®120604
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
C O e
a
Page 1 of 10
PCN Form — Version 13 December 10 2008 Version
Pre - Construction Notification C Form
1
A Appheant Information
Processing
1 a
Type(s) of approval sought from the
Corps
I VA,/ecbon 404 Permit ❑ Section 10 Permit
ea
1 b Specify Nationwide Permit (NWP) number or General Permit (GP) number
1 c
Has the NWP or GP number been venfied by the Corps?
❑ Yes
No
1,o,-TO (s) of approval sought from the DWQ (check all that apply)
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Cerbficabon — Express ❑ Riparian Buffer Authorization
le Is this notificabon solely for the record
because written approval is not required?
Se KS, co r" vo na` i
For the record only for DWQ 401
Certificabon
9es ❑ No
For the record only for Corps Permit
❑ Yes ❑ No
If
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program ,S Q di, V— O E
❑ Yes
❑ No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes
;311
1 h
Is the project located within a NC DCM Area of Environmental Corcern (AEC)"
❑ Yes
�o
2
ftWectinformation
2a
Name of project
2b
County
Union
2c
Nearest municipality / town
r
2d
Subdivision name
2e
NCDOT only T I P or state
project no
3
Owner Information
3a
Name(s) on Recorded Deed
it n
3b
Deed Book and Page No
3c
Responsible Party (for LLC if
applicable)
II
3d
Street address
3e
City state zip
® i
J
3f
Telephone no
ij
515- 3
i
B 2171? 1511
%
3g Fax no
3h
Email address
CLOIIC()ry\
t N-Q /
C O e
a
Page 1 of 10
PCN Form — Version 13 December 10 2008 Version

i J i
1 f � , F tt S
Y�

4 licant Information (if different from owner)
4a Applicant is
❑ Agent ❑ Other specify
4b Name
4c Business name
(if applicable)
4d Street address
4e City state zip
4f Telephone no
4g Fax no
4h Email address
5 nt/Consultant Information (if applicable)
-15a Name
5b Business name
(if applicable)
5c Street address
5d City state zip
5e Telephone no
5f Fax no
5g Email address
Page 2 of 10
PCN Form — Version 13 December 10 2008 Version

B Project Information and Prior Project History
1 Property Identification
la Property identification no (tax PIN or parcel ID)
1 b Site coordinates (in decimal degrees)
Latitude Longitude
(DD DDDDDD) ( DD DDDDDD)
1c Property size
acres
2 Surface Waters
2a Name of nearest body of water (stream river etc) to
proposed project
2b Water Quality Classification of nearest receiving water
2c River basin
3 Project Description
3a Describe the existing conditions on the site and the eneral land use in the vicinity of the project at the time of this
application � j,� 1 �Ie%AeM-aZ
Ma 1— 16)0 &' i a rz> '
3 the total estimated acreage of all existing wetlands on the property
3c Listthe total estimated linear feet of all existing streams (intermittent and perennial) on the property
3d Explain the purpose of the proposed project
3e Describe the overall project in detail including the type of equipment to be used
4 Jurisdictional Determinations
4a Have junsdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments
❑ Yes �&No ❑ Unknown
4b if the Corps made the jurisdictional determination what type
of determination was made
❑ Preliminary
ry ❑ Final
4c If yes who delineated the jurisdictional areas?
Name (if known)
Agency /Consultant Company
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5 Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes No El Unknown
5b If yes explain in detail according to help file instructions
6 ture Project Plans
6a Is this a phased project?
❑ Yes ❑ No
6b If yes explain
Page 3 of 10
PCN Form — Version 13 December 10 2008 Version

C PropoVAHmpacts Inventory
1 19padsSummary
Which sections were completed below for your project (check all that apply) a
❑ Wetlands ❑ Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 W
I e are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary
W1 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ POT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments
3- Sfem laq)acts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
Permanent (P) or
(PER) or
intermittent
(Corps 404 10
DWQ — non -404
stream
width
length
(linear
Temporary (T)
j�`1�1n e,
(INT)?
other)
(feet)
feet)
S1 "' P [:1 T
�° ;
PER
❑ INT
Corps
54 DWQ
S2 M P [IT
��
PER
El Corps
❑ INT
❑ DWQ
S3 ❑ P [:IT
El PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
El PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
A Total Mnm and tributary unpacts
31 Comments
Page 4 of 10
PCN Form — Version 13 December 10 2008 Version

4 r impacts
=re
If th proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
t U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Tem ora
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond e; Construction j a%
and or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream - impacts (feet)
Upland
Pond ID
proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
FAed
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes �No If
yes permit ID no
51 Expected pond surface area (acres)
5) Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts for DWQ)
If pro ec impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
ow If an im acts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required
B1 ❑P ❑T
❑Yes
❑ No
62 ❑P ❑T
El Yes
❑ No
B3 ❑P [IT
El Yes
❑ No
6h Total buffer unpacts
61 Comments
Page 5 of 10
PCN Form — Version 13 December 10 2008 Version

I
Or
L
D impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
11
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
2 _Compensatory Mdzgation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ❑ No
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes which mitigation option will be used for this
projects
❑ Mitigation bank
El Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank ? I u (f T a u t IR JmDad_
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comme -ts
4 Complete if Making a Payment to In41eu Fee Program Gc O s I S J.Q y
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 13 December 10 2008 Version

6 Buff gation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 7 of 10
PCN Form —Version 13 December 10 2008 Version

E
Stormwate anagement and Diffuse Flow Plan (required by DWQ)
1
use Flow Plan
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑ No
1 b
If yes then is a diffuse flow plan included? If no explain why
Comments
❑ Yes E] No
2
Stormwa ana ement Plan
2a
is the overall percent imperviousness of this project?
off,
2b
Does this project require a Stormwater Management Plan?
❑ Yes ❑ No
2c
if this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Cerhfied Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified al Government Stormwater Review
3a
I ich local government s jurisdiction is this project?
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
apply (check all that apply)
❑ USMP
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attachedl
4
DWQSd6rmwater Program Review
❑ Coastal counties
4a
Which of the following state - implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5
DWQ 40 nit Stormwater Review
5a
Do the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8of10
PCN Form — Version 1 3 December 10 2008 Version

F
Supplem ,onfary Information
1
E nmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
El Yes
El No
use of public (federal /state) land?
1 b
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter)
❑ Yes
❑ No
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
[Yes
❑ No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
is this an after the fact permit application?
'Yes
❑ No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
u atnre Impacts (DWQ Requirement)
�a
Will this protect (based on past and reasonably anticipated future impacts) result in
❑ Yes
❑ No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4
Sewa posal (DWQ Requirement)
4a 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 9 of 10
PCN Form — Version 1 3 December 10 2008 Version

5 gered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
habitat?
❑Yes ❑ No
5b Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes ❑ No
5c If yes indicate the USFWS Field Office you have contacted
El Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
W-lEssential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b What data rces did you use to determine whether your site would impact Essential Fish Habitat?
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes ❑ No
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
8 d Zone Designation (Corps Requirement)
Sa Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ❑ No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination?
-f),� & T3epe)ho-i-eq
Applicant/Agent's Printed Name
Date
Applicant/Agents Signature
(Agent s signature is valid only d an authorization letter from the applicant
is provided
Page 10 of 10
PCN Form — Version 1 3 December 10 2008 Version

6 -14 -12
To NC Dept of Environment and Natural Resources
Division of Water Quality
RE David & Robin Benenhaley Pond
In reference to the attached application
This property was purchased in 2006 and there was a creek that ran through the
center of the property This was flood land and marsh We constructed a dam and
pond in order to get to the back of the property to build our house Durning heavy
rain the run off from the dam would wash out the yard The lower pond was
added to minimize the wash out of the land The use of the pond was to eliminate
erosion issue Since then the pond has been stock
Per our conversation with Alan Johnson we are removing dam #2 (see picture)
and pond #2 We are planning to reestablish the stream once these items are
removed
We are submitting the application permit for pond #1 along with payment of
$57000
Durning the summer months pond #2 dries up so therefore Alan indicated this
would be the best time to make these changes
Thankyou
David Benenhaley
f

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