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HomeMy WebLinkAbout20151281 Ver 1_401 Application_20151215T.E. ALLEN ENGINEERING, P.C. Post Office Box 103 Rosman, North Carolina 28772 Phone (828) 877-4883 Firm # C-1997 Mobile (828) 553-3004 November 24, 2015 SUBJECT: Pre -Construction Notification (PCN) Application Form for 401/404 Permits for New Boulder Seawall at Terrell Residence, 451 S. East Shore Drive, Lake Toxaway Estates, Lake Toxaway, Transylvania County, NC NC DWQ, 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear DWQ: Enclosed, please find five (5) copies of the 401/404 application (PCN form). A check for the application review fee is also enclosed. This project is for 200 lienar feet of new boulder seawall to replace the existing failed and eroded seawall at the Lee & Suzie Terrell Residence, 451 S East Shore Drive, Lake Toxaway Estates, Lake Toxaway, North Carolina. The new boulder seawall shall be in accordance with Sheets C-1, C-2 and C-3. Lake Toxaway has a water quality classification of B; Tr. All disturbed areas not to be filled or flooded will be vegetated pursuant to the seeding schedule in the Erosion and Sediment Control Planning and Design Manual. If you have any questions or require any additional information, please do not hesitate to contact me at (828) 877-4883 or email tealleneng Qcitcom.net. Sincerely, TeMk Allen, P.E. Consulting Engineer Enclosures 5 copies of 401/404 PCN Application Form Check for application review fee RECEIVED DEC 111015 Copy Furnish w/ attachment: 401 PERMITTING Mr. Tim Fox NCDENR Division of Water Quality 2090 US Hwy 70 Swannanoa, NC 28778 828-296-4500 NC FISH & WILDLIFE PERMITTING Andrea Leslie Mountain Habitat Conservation Coordinator 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 828-400-4223 USACE 404 PERMITTING Mr. David Brown Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Ave, Room 208 Asheville, NC 28801-5006 Office Use Only: Corps action ID no DWQ project no. Form Version 1.3 Dec 10 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 410 1 a. Type(s) of approval sought from the Corps: 2 8 FN Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 - New Bank Stabilization or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. 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 ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project, New Boulder Seawall for Lee & Suzie Terrell i 2b. County- Transylvania ' 2c. Nearest municipality / town: Brevard I 2d. Subdivision name: Lake Toxaway I 2e. poo project noonly, T.I.P. or state / R L C E V-0 3. Owner Information 15 DEC 11201 3a. Name(s) on Recorded Deed: oil EFA Properties, LLC 3b. Deed Book and Page No. Book 734 Page 428 [)ENR -LAND. Q+U,-,L ITYCTnMh A -1-- n,. -,.--3c. 3c. Responsible Party (for LLC if applicable) - 3d Street address. 451 East Shore Drive (B -A L52&54) 3e. City, state, zip: Lake Toxaway, NC 28747 3f. Telephone no.: (954) 785-3784 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant 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. Agent/Consultant Information (if applicable) 5a. Name: Terry E. Allen, PE 5b. Business name (if applicable): T.E. ALLEN ENGINEERING, PC 5c. Street address: P.O. BOX 103 5d. City, state, zip: ROSMAN, NC 28772 5e. Telephone no.: 828-877-4883 5f. Fax no.: 5g. Email address: tealleneng@comporium.net Page 2 of 11 PCN Form —Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 8522-13-9877-000 1 b. Site coordinates (in decimal degrees): Latitude: 35.12515 Longitude: - 82.94073 (DD DDDDDD) (-DD DDDDDD) 1c. Property size: 0.89 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Lake Toxaway proposed project: 2b. Water Quality Classification of nearest receiving water: B, Trout 2c. River basin: Savannah 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This is an existing home site located in Toxaway Estates, a private residential development in western Transylvania County, NC. The lot borders Lake Toxaway which has a classification of B: Trout. The general land use is residential. 3b List the total estimated acreage of all existing wetlands on the property: none 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: none 3d. Explain the purpose of the proposed project: Removed existing failed and eroded seawall and install 200 Linear Feet (+/-) of new Boulder Seawall in accordance with the attached Detail Sheets C-1, C-2 and C-3. NWP #13 - for new bank stabilization impacts. 3e. Describe the overall project in detail, including the type of equipment to be used: The existing seawall has failed and shoreline has eroded. This project shall include the installation of 200 Linear Feet ) of new Boulder Seawall. All seawall work shall be in accordance with the attached Sheets C-1, C-2 and C-3. Work will be performed in -the -dry during the 2015-2016 Lake Drawdown. 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑Yes ®No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): 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 ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams - tributaries ❑ Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there 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 T W1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts 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 - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the 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 Temporary T Furnish and install 200 LF (+/-) of 01 ®P ❑ T Lake Toxaway new Boulder Seawall 200 FT x 4 FT Lake 0.02 Acres Temporary Disturbance 02 [-]POT Lake Toxaway of dry lake bed in front of wall Lake 0.02 Acres for construction work area 200 FT x 4 FT 03 ❑P❑T 04 ❑ PEI T 4L Total open water impacts 0.04 Acres 4g. Comments: Work will be accomplished "in the dry" while the lake level is down. Excavation with small excavator with minimual incidental fall back. 5. Pond or Lake Construction If pond 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) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 517. Total 5g. Comments, 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse E] Tar -Pamlico E] 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 T impact —required? El Yes B1 ®P❑T ❑ No B2 ❑P❑T El Yes ❑ No El Yes B3 ❑P❑T ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Work will be performed during a scheduled lake drawdown to minimize contact with surface waters. Excavation is the minimum amount necessary to install seawall. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. To minimize disturbance during construction, the work will be accomplished with the smallest mechanical equipment practicable. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program projects ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 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 6. Buffer Mitigation (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 1.5 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: Should project exceed 10% or 100' in 1000', a trout buffer waiver will be sought from NCDENR - Div of Land Resources Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 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: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been El Yes El No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the El Yes ® 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 F1 Yes E] No letter.) 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): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (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. Sewage Disposal (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. N.A. Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. 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? Suzanne Terrell EFA Properties, LLC plicant/Agent's ignature Date Applicant/Agent's Printed Name (Agent's sign ture i valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version NEW BOULDER SEAWALL Lee o Suzoe UeTnH RazMeflce 4513. EaM Shore DAws, Lake Umam ay9 HC GENERAL NOTES: 1.0 All work shall be in accordance with North Carolina State Residential Building Code, OSHA Safety and Health Requirements, US Army Corps of Engineers 404 permit requirements, NCDENR Division of Water Quality 401 permit requirements, NC Sedimentation Pollution Control Act, and all other applicable codes, ordinances, and regulations. The Contractor shall coordinate all work with the Lake Toxaway Operations Manager, 16801 Rosman Hwy, Lake Toxaway, NC 28747. 2.0 Contractor shall verify and establish all Elevations prior to beginning work. Contractor shall obtain all required permits prior to beginning work. Contractor shall locate all property boundaries prior to beginning work. Contractor shall locate, flag and protect all underground utilities prior to beginning work. Do not locate any part of the work within any right—of—way, set back, encroachment, easement, trout stream buffer zone (or other buffer zone or set bock), unless permitted to do so. Do not allow fresh concrete to contact lake waters. 3.0 All footers and slabs shall bear on satisfactory insitu material having a minimum bearing capacity of 2000 psf. No portions of the foundation shall bear of fill dirt or fill soil. Contractor shall verify that the site has stable geotechnical conditions. Top of footings shall be located below the frost line. Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed 0.1 unit vertical in ten units horizontal (1% slope) 4.0 Where suspect foundation conditions are encountered, additional over excavation may be required. This work may include: 4.1 Dewater excavation. 4.2 Excavate suspect subgrade down to satisfactory insitu material having a minimum bearing capacity of 2000 PSF. 4.3 Line excavation with a geotechnical fabric equal to Mirafi 50OX 4.4 Backfill excavation to the desired subgrade elevation with #57 clean stone. 4.5 Provide 6 mil poly between stone and concrete. 4.6 Construct foundation in accordance with the foundation plan designed by others. 5.0 The Contractor shall exercise care to preserve the natural landscape and waterways and shall conduct the work so as to prevent any unnecessary destruction, scaring, or defacing of the natural surroundings in the vicinity of the work. All unnecessary destruction, scarring, damage or defacing of the natural landscape shall be corrected at the contractor's expense. 6.0 All construction materials and debris shall be removed from the site upon completion of the project and the area shall be graded such that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that facilitate sown ground covers and natural revegetation. 7.0 The Contractor's activities shall be performed by methods thal will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants and wastes into streams, flowing or dry watercourses, lakes or underground water sources. 8.0 Runoff and discharge shall be monitored to insure that no sediment is discharged to the downstream watercourse. 9.0 TURBIDITY CONTROL. The Contractor shall not violated water quality stream standards during the performance of this work. The Turbidity Level in the lake waters shall not exceed 10 NTUs at any time during performance of this work pursuant to 15A NCAC 02B.0211 (3)(k). The Contractor shall employ any and all methods necessary to prevent a violation of the Turbidity Standards. These measures include, but are not limited to; turbidity curtains around the work, haybails, silt fence, stone check dams, etc. Where turbidity curtain are necessary, curtains shall remain in place until the turbidity in the work areas return to original background levels. 10.0 HABITAT CONSERVATION. Shallow water bottom and complex shoreline structure, most notably fallen trees and other large woody debris (LWD), are important spawning and foraging habitats for various sunfish, largemouth bass, and other fishes in the lake. They are also used by many reptiles and birds for perching, basking, and foraging areas. These areas shall be preserved to the largest exteni possible. Such habitat shall only be removed in areas where it creates a hazard to watercraft navigation and only to the controlling depth in the navigation channels. CONDITION FOR USE OF THIS PLAN — By accepting this plan, you and any others to whom it is distributed, agree to a strict limitation of liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its employees to an amount not to exceed the fee paid in hand. Preliminary — Not for Construction C E U :3 oa Z o o Eo � U (Y W c W OD nC> Z o Z Z m`W'�— W . ��o M Z W J � J F3 Z U J VN W = Z� H v� -� Wo 0 o. 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This variance shall be made to the NCDENR — Division of Land Resources. 11.1 TROUT STREAM BUFFER REQUIREMENTS — No land disturbing activity during periods of construction or improvements to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty—five percent (25%) of the buffer zone nearest the land disturbing activity. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty—five percent (25%) of the buffer zone nearest the land disturbing activity, whichever is greater. Provided, however, that the Sedimentation Control Authority may approve plans which include land disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. All tributaries to trout streams (named and unnamed) take on the trout classification, unless the tributaries have another specified water quality classification. 11.1.1 The 25 foot trout buffer zone shall be measured from the top of bank. 11.1.2 The disturbance is temporary and minimal when the disturbance is limited to a maximum of 10% of the buffer zone within the tract such that no more than 100 linear feet of disturbance occurs in every 1000 feet of buffer zone. These disturbances can be approved by the NCDENR Land Quality Regional Office staff on an Erosion Control Plan and no variance is needed. Most of these types of disturbances are for such activities such as bridge construction, culvert installation, and installation of sewer and utility lines perpendicular to the trout stream. 11.1.3 Longer lengths of the buffer zone may be disturbed with the approval of the NCDENR Division of Land Resources Director. N CLE Z o� c i I W ^ rn LJ M C oD = Z ozNNo Z CO en U 0 j — &Fts W. a o M d Z N W J = Q �7 = U F W z� C> m NOW "i—tw ScaN: NONE haus Dab: I1-2-2015 C-2 SHEE"1 2 OF a W U Z W D Q W �' = U o o L Ca Z o C� V) 'M CO �D O 2' W r W + W vj Y V C,Z c� o0 W Z Z) (/) a 00 w W NOW "i—tw ScaN: NONE haus Dab: I1-2-2015 C-2 SHEE"1 2 OF a