20071702 Ver 1_401 Application_20071007

Fish and Wildlife Associates, Inc.
PO Box 241
Main Office at: Tel [phone]
25 Water Tower Lane Whittler, NC 287$9 Fax [phone]
Whittier, NC 28789 Email [e-mail]
07-1702
5
October 5, 2007
Cyndi Karoly
2321 Crabtree Boulevard
Raleigh, NC 27604
Dear Ms. Karoly:
Enclosed is an application fora 401 /404 Permit for the Jones Frog Pond in Highlands,
North Carolina.
Sincerely,
~~~'
-~
Pamela M. Boaze
President
Cc: Kevin Barnett, DWQ Asheville
Lori Beckwith, COE Asheville
Dave McHenry, WRC
USFWS, Asheville
Barry Jones, Owner
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0 7- 1 7 0 2
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version March OS
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 3 and 16
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check her ~~
D
II. Applicant Information
OCT 0 ~ 2007
1. Owner/Applicant Information
Name: B and Paula Jones OENR - WATER pUAUl'Y ~
Mailing Address: P.O. Box 1088
Highlands NC 28741
Telephone Number: 828-526-0307
E-mail Address:
Fax Number:
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: Pamela M. Boaze
Company Affiliation: Fish and Wildlife Associates Inc.
Mailing Address: P.O. Box 241
Whittier NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
E-mail Address: fwa~dnet netnet
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 fmal 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: Frog, Pond
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0527980
4. Location
County: Macon Nearest Town: Highlands
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): Take Hwy 106 (Dillard
Road) south from Highlands Just past function with road to Glen Falls turn right into gavel
driveway There is a sign "Frog Pond Farm"
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.04691 °N 83.23232 °W
6. Property size (acres): 0.75 acre lake
7. Name of nearest receiving body of water: East Fork Overflow Creek
8. River Basin: Savannah
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at f~~tt : "'1~?c~ ~t~r.~;tatc~.~~~ u~'~di~1~i~!l~~~i~~si.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential property, single family home. Pond is
surrounded by forested area on three sides One~erennial stream and one snrin~head flow
Page 6 of 12

into the pond The pond was drained in the spring of 2007 in order to drain as much water
from the sediment prior to dredging_
10. Describe the overall project in detail, including the type of equipment to be used:
A new channel within the pond bed will be constructed using a track hoe. It will be lined
with plastic and the flow maintained along the outer northern edgLe of the pond. A weir will
be constructed using rock to prevent an~ sediment loss from the pond bed. A track hoe will
be used to remove the accumulated sediment Dump trucks will be used to transport the
sediment to an upland site on the Jones property There will not be any trucks in the pond
bed R~air of the dam will entail placing a new sluice pipe and gLate valve. The dam will
need to be keyed to the rock to stop the leakage A weir will be installed in the middle of the
dam with a concrete ~illwa~on the downstream side. Rock will be placed along the banks
for energy dissipation Abridge will be placed over the top of the weir for the road across
the dam.
11. Explain the purpose of the proposed work: Remove accumulated sediment that has resulted
from three subdivisions built upstream/_phill of the .pond as well as natural accumulation.
Repair failing dam
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.LP. 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.
None are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
Page 7 of 12

accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts will consist of temporary
relocation of stream.Lpossible temporary rise in turbidity during construction work on dam,
and some sediment disturbance durin rg_efilling of fond.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within
100-year Distance to
Nearest Area of
Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) es/no) (linear feet)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement wars, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multipl length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

S-1 East Fork Overflow
Creek Temporary
relocation perennial 1' 615 0.25

Total Stream Impact (by length and acreage) 615 0.25
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dred~ina, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
P-1 Frog Pond dredging pond 0.75
Total Open Water Impact (acres) 0.75
Page8of12

6
VII.
List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.025
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.75
Total Impact to Waters of the U.S. (acres) 0.75
Total Stream Impact (linear feet): 615
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.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.
No mitigation is proposed No impacts will occur that require mitigation as there will be no
loss of stream or wetlands.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/!h2o.enr.state.nc.us/wrp/index.hm~. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* I Impact I I Required
Zone ,~,,,..,,.o ~ e*~ Multiplier
1 I I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I .
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 1 I of l2

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. NA
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt~~://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
The dam needs to be repaired this year. We are requesting that this permit be granted as soon as
possible so that the work can be completed prior to the trout moratorium

~~- ~ y- c
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

'r-~~.5~_ Rbb ~ @3: i~F F ROM: F'TSM AND WzLD[_IF E
August 3U, 2007
Fish azK! ~Vitdlifc Associatos,la~c.
F'.4. Sax'l41
I~iitxe~~, x~C 28789
RE: ACrE'NT DI~SIGNATIQ~N
'fa Whnr~a rt May Concern:
~~1976213 TO :17tcJ0T971 ~3T i 5 p . z
We designate 17ish and Wildlife A ~saci3t~;s, XnC. Co aet as our agent far the purpose of
permitting the dredging and repxii ~ ~r ptng Fond on oRU l~Pc~y ~ I X55 Dil~rd Road,
Y-ligfila~i~, N'C. T1~is desigastian y valid for n,ne yeas.
~` Sittcorel;y,
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~~
Harry arld ] a ones
P'.(~. Bojc 1088
I-~igbl~~{s, NC 28741
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r',ki ~~~`id ~:~I-IUH ~~VdVJI ~!=~ CHI r'.44i7'-1r''.~~°'~ r .~=: G1 LI~17..+'iG:'~;G

vicinity map of rrog Yond, hones rroperty, riigntands, Macon county, Nortn c;arotina.

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Location of Frog Pond on Jones Property, Highlands, Macon County, NC.
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1Q CONTRACTOR TO INSTALL ALL EROSN711 CONTOL MEASUFES AS SHOWN ON THE PUN PPoOR TO `-^ \'
coNSTmlcnoN. -^\~
Q PRGPOSm a+AOES AND urour ARE SfaWN FoR ESTIBUSHNC GENEPAL cP+ADx+c ANq
pWNNGE PATTERNS ONLY. THE CONTRACTOR SFVLL AOIUST FrIISH CPAOES 3 IAYOUT AS REOUNTEO TD ~~, ,1~,_
ACOMNODATE ACTUAL flc'lD COFARIONS /NO SUCH TUT OFF-STIE GRAgNG MRL NOT BED\\~
REOUNTED. UNSURABLE WTETiW. SN41 BE REMWID AS REWIRED, ORAXWKE ~
PATTERNS SHOWN ON 7HE PIAN SHILL BE MANlWNEO. THE CONTRACTOR SHNl BE FNANllR WITH \
TIE SRE PRIOR TO COTISIRUCTgN AND SFMLL MN(E ANY fIEID Mk5TM.ATKMS PRHIR W COMMENCING
WORK lO DETERMINE ACIU4 CONpIN)NS AT 7HE TNAE OF CONSTRUCTION.
© ALL ER090F1 ANO SEg1ENfATION CONTROL BEST MANAGEMENT PRACRCES, 'BNP$', INCLUDING `~\
SEgNENT PONDS, CHEq( DIJIS, ONERSION DRCHES ATrp BEFWIS, AND SLT FENCES SHNL REMAIN \
IN PUCE IRATN. YEIAETTAWE CO~k7t HAS ESUBUSHW, ACCEPTABLE TO THE ENGNIEER '
Q gSNRBW AREIS SFgl1 ~ S~ IMIIE04MELY AFIEA ESTABUSHLIENT OF FINISHED GRADES, k10 IN
NO CASE tANfXR T{W IS GAYS AFIFit ESTABLISHMENT aF FNISHED GRIDES M ANY AAFA WENCH R NO
CREAER THAN 1-ACRE.
® THE BIIP'S SHOWN ON THE EROSION AND SEgMENTATON CONTROL PLAN ARE THE MNiIMUM REWIRED
TO MAINTAIN EItOSpTT AND SEDWIEMATION CONTIW WRING lMN) gSTATgNAG CONSTRUCTION. ADDITIONAL
EROSION ANO SFDNAFNTATION CONTROL BIAP'S ANO MEASURES SHNL BE INSTAUEO AS NECESSARY AND
AS REWIRW/IPPR04Ep Bf THE NC DEPT OF ENWRWMENT k NATRUL RESOURCES # THE TOWN Of HIGHUNDS
® THE CONTRACTOR SWLL INSPECT /lL BMPS ON A DAILY BASIS AND SHI11 PERFORM MNN1ENeNCE OF
TO CORRECT ANY DEFECTS IMMEIXATELY AND PRKNi TO COMMENCING WORK FOR 1HE DAY.
© AFEIS OUTSIDE OF THE PROPOSED CONSTRUCTION AREA SWII. REMNN UNgSTURBED. HO CONSTRUCTION
MAY PROCEED NTHIN THESE AREAS UNLESS A MOONICATON TO THE EROSION CONTROL PERMR IS APPROVED.
Q SEgNENT BASINS BERMS SITYL BE CONSTRUCTED TO A VCILUME OF 3,SW C.F. PER ACRE OF OPAINM.E
AREA THEY RECETYE. 1NE MINIMUM CMACffY OF THE SEDIMENT CONTROL BMP'S SHILL RE THE
THE AREA AS DESIGNATW ON THE PLAN NULTPUW Bi 1-FOOT, BASINS SHALL BE LOCATD IN THE
GENERAL AREA AS DESIGNATED ON THE PUN TO ACCEPT STORMWAIER FLOWS fR01A THE Sf7AMENT POND
DPNNACE BASINS (INSNRBED MiEA).
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.` ~Mp ' ' ' EXISTING
~~SILT FENCE POND
.AAPROX 1.6 AC
1~ TO' DE DEMUCKED '
ROAD W/','TEMPORARY
1 3" E RIN DRCH '
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P CONSTRU ON I~
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MUD MAT TEMP PoP RAP ' ,~(i('W IR
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LINED OUTLET _
TO BE
RE ICED.--.~---~_
20Wx30'L
(SEE DETAIL)
OUTLET TO REMAIN WfTFIIN
~NFlN OF EXISTING DAM ONLY
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