20071937 Ver 1_401 Application_20071107

07-193
MEMORANDUM
TO: Cyndi Karoly
NC Division of Water Quality
401 Certification Unit
FROM: Joe Mickey, River Bend Consulting
DATE: November 14, 2007
~ ~ 1
SUBJECT: Permit application for: John Mathis, A.S.J. Mathis Farms L.L.C., Wilkes County,
North Carolina
Acting as the applicants agent, I have enclosed the joint 404/401 permit application and site plan
for the above referenced project. We are submitting this plan for 1481inear feet stream piping on
a small, unnamed tributary to Brier Creek, Wilkes County (US Army Corps of Engineers
[USAGE], Nationwide Permit 39). The placement of the culvert will impact less than 150 feet of
stream and less than 0.01 acre, therefore it is considered a "minor application" and a check for
$240 is attached to the permit application. This site is currently under a Notice of Violation and
the attached plan has been coordinated with Mr. Steve Tedder, North Carolina Division of Water
Quality, Winston-Salem Regional Office. A copy of this application has been sent to Mr. Montie
Mathews, USAGE, Raleigh Office.
Since this application occurs in a trout county, a copy of the application has also been sent to Mr.
Ron Linville, NC Wildlife Resources Commission (NCWRC), Permit Coordinator, for his
review and comment. However, this stream is not classified as trout water by the NCWRC or
NCDWQ.
Please forward any comments or concerns to me at 283 Timberbrook Trail, State Road, NC
28676, 336-366-2982, or by email to [e-mail].
Thank you for your time in reviewing this plan.
Enclosures:
1 joint 404/401 permits application with agent authorization letter
2 copies of the plan
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Office Use Only: Form Version March OS
07-1937
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
Check all of the approval(s) requested for this project:
X Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
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 here:
II. Applicant Information °,~,~, ~.
P'~ "' ~~ ~ ~ 2007
1. Owner/Applicant Information
Name: John Mathis, A.S.J. Mathis Farms, L.L.C '~'~'"jr ''~ "'~~
.. ~rr.4r~?'~~~k~ ~ r. ' :.: ~ a~an~cN
Mailing Address: 615 Mathis Farm Road
Roaring River, North Carolina 28669
Telephone Number: 336-984-3380 Fax Number: 336-984-4362
E-mail Address: jlmathis ,wilkes.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: Joe Mickey
Company Affiliation: River Bend Consultingz/Foggy Mountain Nursery
Mailing Address: 283 Timberbrook Trail
State Road North Carolina 28676
Telephone Number: 336-366-2982 Fax Number: none
E-mail Address: jhmickey(a~surry.net
Updated 11/1/2005
Page 5 of 13

r
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: A.S.J. Mathis Farms a ng .cultural land clearing
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0101074
4. Location
County: Wilkes Nearest Town: Roaring_River
Subdivision name (include phase/lot number): a;ricultural lands
Directions to site (include road numbers/names, landmarks, etc.): US 421 west, , take Red
White Blue Road exit, go left under US 421, take a left on old US 421 (Yadkinville Road
go approximately 1 mile, take a left on Berry Lans og 100 yards and take a left onto ravel
drive. Site is past a farm house on the other side of the hill facing US 421 (see attached maps
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): 36.15979 °N 80.98439 °W
6. Property size (acres):. 21.5 acres for this parcel (adjoins several other parcels owned by
applicant for a total of 85 acres +)
7. Name of nearest receiving body of water: Unnamed tributary to Brier Creek
8. River Basin:
(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: All of the surrounding land owned by the applicant has been
cleared for agricultural crops. During land clearing a small perennial stream was filled with
Updated i 1/1/2005
Page 6 of 13

debris stumps, limbs~and soil for approximately 264 linear feet (stream 1). An additional
222 linear feet of stream was impacted b~ clearing of the riparian zone and off-site
sedimentation (stream 2~
10. Describe the overall project in detail, including the type of equipment to be used: This
project involved the clearing of approximately 21.5 acres of previously forested and logged
lands for creation of agricultural crop land.
11. Explain the purpose of the proposed work: Creation of agricultural crop land which will
require the piping of 1481inear feet of a small, headwater perennial stream (determination by
George Smith, NC Division of Water Quality (NCDWQ) with a 12" CMP. The culverting of
the small stream is being requested as an alternative to removing the debris already placed in
the stream. Placement of a culvert at this location will allow for the creation of a flatter
pasture and additional acreage for rg owing_crops.
IV. Prior Project Ilistory
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. No prior permits have been issued for this site. However,. due to im acts
to approximately 486 linear feet of perennial stream (unnamed tributary to Brier Creek during
land clearing operations, the site is currently under NCDWQ ~ Notice of Violation (NOV)
(personal communication by Steve Tedder and George Smith to applicants agent and formal
NOV notice to applicant). NCDWQ is requiring; on site miti ag, tion to restore the impacted
streams see attached flan ,except the applicant is requesting a permit to place a 12" ape in 148
linear feet of a small, headwater perennial stream. The purpose of this culvert is to allow fill to
be placed over the pipe in order to create a flatter pasture with additional acreage for rg owing
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.
No future permits anticipated, land is to remain as crop Land.
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
Updated 11/1/2005
Page 7 of 13

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
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: See attached plan to place 148
linear feet of 12' pipe in a small headwater perennial stream. Plan also describes miti ag tion
efforts to restore 336 of perennial stream by removing debris and sediment placed in the
stream during land clearing operations. A 75 to 100 foot buffer is to be established around
this stream and replanted with a temporary cover crop, native seed mix and shrubs/trees.
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 im acts due to both structure and flooding.
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain

( es/no) Distance to
Nearest
Stream

(linear feet) Area of
Impact
(acres)
None on site

Total Wetland Impact (acres)
3. List the total acreage (estimated} of ali existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet Area of
Impact
(acres)
Stream 1 UT Brier Cr. Culvert & restore Perennial 1 ft 264 <0.01 a
Stream 2 UT Brier Cr. Restoration Perennial 1.5 ft 222 <0.01 a

Updated 11/1/2005
Page 8 of 13

Total Stream Impact (by length and acreage) 486 <0.02 a
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

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

Type of Impact Type of Waterbody

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

Impact
(acres)
None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): <0.02a
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) <0.02 a
Total Stream Impact (linear feet): 150 piped, 336 restored 486
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes X 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
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond;
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
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
watering, irrigation, aesthetic, trout pond,
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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. Impacts have already occurred
at this site which is under NCDWQ -NOV. The proposed pipin~and mitigation plan are being
proposed as measures to bring the site into NCDWQ compliance.
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 January 1 S, 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 (see DWQ website for most current
version.).
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.
See attached plan
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
Updated 11/1/2005
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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://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ^ No X
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 X
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 multi tiers.
Zone* Impact
(s uare feet Multiplier Required
Miti ation
1 3 (2 for Catawba)
Updated 11/1/2005
Page 11 of 13

* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
addltiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Buffer restoration is required by NCDWQ.
A 75 and/or 100 ft buffer will be maintained around the 336 ft of stream to be restored by
planting~of a tem~orary cover crop, native seed mix and shrubs and trees (see attached plan).
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. No impervious areas on site, however, flow
diversions and sediment basins will be constructed during the life of the project to pipe 148 ft of
channel and restore 336 ft of channel. These measures should remain in place until the buffer is
reveg_etated and the pastures stabilized.
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 X No ^
Is this an after-the-fact permit application? Yes X 264 ft of a small perennial stream (# 1) has
been impacted by fill (soil and debris). The applicant wishes to pipe 148 ft of this stream and
restore 114 ft of this stream by removing the impacts and establishing a vegetated buffer. The
applicant also proposes to restore 222 ft of stream # 2 by removing accumulated sediments and
revegetation. 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 X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Updated 11/1/2005
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A buffer will be established along the stream section not piped and replanted with ve eg tation•
Once the agricultural fields are completed, off-site sedimentation should be minimal.
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).
This site is under NCWQ -NOV. NCDWQ wishes to have this site come into compliance as-
soon-as possible. A quick response to pipe 148 feet of the small unnamed tributary is requested
so that the. applicant can move forward with completion of construction of the pasture and
restoration of 336 ft of the unnamed tributary.
~/~ylo `~
,(~plicant/Agent's~f nature 'Date
signature is valid only ifan authorization letter from the applicant is provided.) n.~~~„d.
Updated I1/1/2005
Page 13 of 13

AGENT AUTHORIZATION LETTER
This agreement made and entered into by and between Joe H. Mickey, Jr., (Agent) and
Mr. John M. Mathis, A.S.J. Mathis Farms, L.L.C. ("Owner"). The Owner hereby grants
the Agent permission to act as the Owners' agent to obtain all needed permits from all
units of government including, but not limited to, the United States Army Corps of
Engineers and the State of North Carolina to accomplish placement of a pipe on the
Owner's property.
The Owner agrees to pay any permit processing fees required for this project on a small
unnamed tributary to Brier Creek on the Owner's property in Wilkes County, North
Carolina.
Signed:
~j~ fa7
~' { Date: ~ ~ /
(Property Owner's Signature or designate)
615 Mathis Farm Road
(Address)
Roaring River, NC 28669
(Town, state, zip code)
1-336-957-0202 (mobile) 1-336-3380 (farm
(Phone number)
Joe Mickey/River Bend Consulting, 283 Timberbrook Trail, State Road, NC 28676
336-266-2092
Agent/date: ~/ / D