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HomeMy WebLinkAbout20080594 Ver 1_Application_20080331 En~7ronmental Lo,~rc, Inc. 1215 Low Gap Itaad, Ha}resville, NC 28904 828189-3609 March 28, 2008 NC DENR Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 '08 0594 -~~~~~~~ ti~:,~`r ~' OQ~ ~~~~~ w 1y c~~+ ..~rri\°~~;a~~ .~ RE: USACE Action ID. Number 2008-00205 NW Permit Number 18 Pipe Placement in Buckner Branch Tusquittee Township, Hiwassee River Basin Clay County, North Carolina Dear DWQ; Please find with this letter, five copies of the PNC application for a Nationwide Permit with area description maps and calculations for a proposed pipe placement in Buckner Branch, a tributary to Tusquittee Creek in Clay County, NC. Ms Darlene Dickerson, the property owner, is sending a check to you for $240.00 as directed, from her location with the USACE reference numbers included. Ms Dickerson was miss-informed about the designated stream buffer width, prior to constructing a permanent structure along Buckner Branch. The Clay County authorities informed her of the buffer violation and required that the condition must be corrected. In an effort to restore a 30 ft. buffer with the least impact, Clay County ruled that one restoration option can be to pipe the stream irr the affected area. We have previously forwarded multiple duplicate copies of this package to Ms Lori Beckwith with The USACE, to Mr. David McHenry with the NC Wildlife Resources Commission, to Mr. Jim Reid in the Asheville office of NC DENR DWQ and to Clay County. I have included the NC Wildlife Resources Commission response and The USACE permit number and designation as assigned by Ms Beckwith. I have helped Ms Dickerson with the preparation of the included package. If you have questions, please contact me at the address or telephone number above or at krugerlogic yahoo.com or at 828-557- 9255. Ms Dickerson can be reached at the contact addresses included on page 5 of the application or 770- 456-8918, or through me. Thank you. Sincerely. ~!'S?,ca..., Brian Kruger C ESC CC: Darlene Dickerson U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ~ 8 4 5 4 Action ID. 2008-00205 County: Clav GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Ms. Darlene Dickerson Address: $21 Dallas Hwv Villa Rica. Georgia 30180 Telephone No.: (770) 456-$91$ Size and location of property (water body, road name/number, town, etc.): The proiect area is located an a 2.81-acre tract of land on Quarterhorse Drive near Havesville. CIav County, North Carolina. Coordinates for the site are 35.0756 north and 83.7967 west. Description of projects area and activity: The permittee is authorized to permanently impact (culvert) 90 linear feet of Buckner Branch on the property. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) Section I O (Rivers and Harbors Aci, 33 USC 403) Authorization: Regional General Pernut Number: Nationwide Permit Number: 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, the conditions in the attached letter from the North Carolina Wildlife Resources Commission (NCWRC), and your submitted plans. Amone the comments from the NCWRC, the following condition is emphasized: construction must not occur from January I" to April I5" of any veer in order to avoid possible harm to trout spawning. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until. the expiration date identified below unless tbe nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with ail requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the data of the narionwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the 3uthorizatian. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C_ Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271-7980. Corps Regulatory Official: Lori Beckwith ~ _ Date: March S, 2008 Expiration Date of Verification: March 5.2010 -2- Determination of Jurisdiction: A. ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process {Reference 33 CFR Part 331). B. ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ®There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean V~ater Act (CWAx33 USC § i 344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued - Action ID Basis of Jurisdictional Determination: The stream channel on the property is Buckner Branch which flows into the Hiwassee River, then into the Tennessee River. The Tennessee River is a Section 10 water. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you aze not in agreement v`rith that approved jurisdictional determination. you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must subnut a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Lori Beckwith, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Hart 331.6, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: Lori Beckwith Issue Date: March 5.2008 Expiration Date: Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FII.E COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Environmental Logic, Inc., Attn: Mr. Brian Kruger, 1215 Low Gap Road, Hayesville, NC' 28904 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please visit http:/lregtzlatory.usacesurvey.com/ to complete the survey online. Permit Number: 2008-00205 Permit Type: NW 18 Name of County: Clay Name of Permittee: Ms. Darlene Dickerson Date of Issuance: March 5, 2008 Project Manager: Lori Beckurith Upan completion of the activity authorized by this. permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Carps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATJON OF ADMIlti~IS'TRATIVE APPEAL OP'FIQNS AND PROCESS A?vD ~REQI7EST FOR,APPEA~ ~ _ _ __ . _- _ ~ ~ -- > ~ .- , ; _ -- _ - .: _ ~ . A licant: Ms. Darlene Dickerson File Number: 2008-00205 Date: Mazch 5, 2008 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission PROFFERED PERMIT Standard Permit or Letter of ermission} B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at http://www.usace.army.miUinet/functions/cw/cecwo/ret; or Go s re latior-s at 33 CFR Part 33I. _. _ A: INITIAL PROFFERED PERMIT: You may accept ar object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit {Standard or LOP) because of certain terms and conditions therein, you may request that the pernut be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, {b) modify the permit to address some of your objections, or {c} not modify the permit having deiermi4ed that the perrt,.it sha~.!ld be issued as previetLly written. After evaluating your objections, the district engineer will send you a proffered pemrit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Perrut, you may sign the permit document and rerun it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature an the Standard Permit ar acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within. b0 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Carps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree ~~ith the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Ii of this farm and sending the form fa the division engineer. Tltls form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JIa. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for fiirther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - RE UEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in cleaz concise statements. You may attach additional information to this form to clarify where your reasons or ob}ections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited. to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FQR UESTIO'tiISOR INNI~`ORMATIt3N: If you have questions regarding this decision andlor the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Lori Beckwith, Project Manager Mr. Michael F. Bell, USACE, Asheville Regulatory Field Office Administrative Appeal Review Officer i ~ i Paitun Ave, Room 208 CESAD-ET-CO-R Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division 828-271-7980 60 Forsyth Street, Room 9M15 Atlanta, Geor is 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a IS day notice of any site investigation, and will have the opportunity to participate in all site investigations_ Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Lori Beckwith, Project Manager, Asheville Regulatory Field Office,151 Patton Avenue, Room 208, Asheville, NC 28801. For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8$01 ~NE J~KKERSat~! F~kaTE~T ~YPlGAL ~P~ Imo!-~1G~M~Nr Tn( 4~ucKn-ER ~w4Alc1-I Ctass~8" acs ~, °• - " /~iCcN G'~IP «~-~ DLO k/ Z-i SL~Pl~ , _ ~ QJr~ ~1.At-ENIf.I~'7" 20 /. $Ec©cd ~1J~M t~7~1 ~f-r--s o,p ~ t~~a..+~~ ~lf~ a Q ~--s? ~~ ~~~ ~ N _ _f ~li~r,J ~-~s ® North Carolina Wildlife Resources Commission December 31, 2007 Ms. Loretta Beckwith U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Nationwide Permit Application for Darlene Dickerson Culvert in tributary to Tusquitee Creek, Glay County Dear Ms. Beckwith: Ms. Darlene Dickerson requested a letter of concurrence from the North Carolina Wildlife Resources Commission {Commission) fora 404 Permit from the U.S. Army Corps of Engineers (ACOE). The project involves placing 90 feet of culvert in a tributary to Tusquitee Creek near Hayesville because a newly built garage is within the trout buffer. Comments from the Commission are provided under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. b61-667d}. Tusquitee Creek is stocked with trout and supports wild rainbow trout. It also supports sensitive aquatic life like hellbenders. The proposed culvert installation has the potential to harm trout spawning because of proximity to Tusquitee Creek. Placement of the culvert would reduce the contribution of sediment and other non-point pollution the stream receives from the surrounding area. However, it would also constitute a permanent loss of stream habitat and possibly impede aquatic life movements. Therefore, the Commission recommends planting native trees and shn~bs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore...) between the garage and stream rather than addressing the trout buffer violation by piping the stream. Storm water from the garage and parking should be routed diffusely through the established buffer. Ground cover, but not tall fescue, should be used to stabilize any disturbed soils here and elsewhere on the property. However, if the project is permitted and pursed, then the Commission can concur if: 1. The Nationwide and Final Regional conditions are adhered to. This includes partial burial of the culvert in the stream bed as stipulated in Final Regional Condition 3.6. Final Regional Condition 1.2 can be modified to avoiding construction of the project from January 1 to April 15. 2. Sediment and erosion control measures are used and maintained. Exposed soils along the stream are covered with erosion control matting and seeded as soon as possible following culvert placement. Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 ~. t ,~,^ Dickerson Page 2 December 3I, 20Q7 Ciav Thank you for the opportunity to review and comment on this project. T'he Commission may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2516 extension 24. Sincerely, ~~ . Dave McHenry Mountain Region Coordinator, Habitat Consen~ation Program cc: Ms. Darlene Dickerson ~u~ ~-~~IER ~/~~n~~~! ~~~~~~ ~f}ti(CN .^y ,~ ~ ~° ~~ ~~ ~ ~ i~ Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ~ ~ $ 0 5 9 d (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: (~ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ [~ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina 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 [- ~-'.i,~ r~ { a l ~ t ~t ~.,~~ 1. Owner/Applicant Information Name: Darlene Dickerson Mailing Address: 821 Dallas Hwy !- ~ '" ~~'~~ ~ ~ ""~`'' Villa Rica GA 30180 ~~~~~~ ~~T ~~'~!^ Telephone Number: 770-456-8918 Fax Number: 770-456-8919 E-mail Address: meadowcreeklands(a,bellsouth.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: Brian Kruger Company Affiliation: Environmental Logic, Inc. Mailing Address: 1215 Low Ga~Road Hayesville, NC 28904 Telephone Number: 828-557-9255 Fax Number: 828-389-3609 E-mail Address: krugerlogic~a~yahoo.com PaOP. 5 of 1 Z 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: Dickerson Homesite 2. T.LP. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 556100560627 4. Location County: Clay Nearest Town: Hayesville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.):From downtown Hayesville take Tusquittee Rd. (SR1307~ north 3.7 miles to Bristol Rd. (SR1319). Turn left (west) on Bristol Rd., proceed 0.9 miles to Quarterhorse Dr. (a private road) Turn left on Quarterhorse Drive and proceed approx. 0.1 mile to the end at the structure and tributary. 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 04.473 °N 83 47.855 °W 6. Property size (acres): 2.81 7. Name of nearest receiving body of water: Tusquittee Creek/Buchner Branch 8. River Basin: Hiwassee (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: There are several (5) other houses in the immediate vicinity and more being constructed. There are lawns, gardens and pasture areas in the ad'al cent bottomland sections. The remaining areas in the upstream watershed draining to the site are wooded, heavily wooded, or residential wooded. Pa4P F, of 1 ~ 10. Describe the overall project in detail, including the type of equipment to be used:The area is rural residential. A permanent 24ft.X28ft.structure, to be used as a garage was constructed near a corner of the lot. The owner had been told by a Realtor that the structure could be built a minimum of 15ft, from the branch, which is the case along non-trout waters. Later as a home was being constructed, a Clams County building inspector saw the structure and informed the owner of the violation of the Trout Stream/Water Supply Watershed 30ft. minimum buffer. The miss-informed owner, desiring compliance but not able to move the structure, asked Clay County what options to consider. The County determined if the owner obtains the required permit(s~from the US ACE, the NC DENR DWQ, the WRC or others as applicable, the owner could either move or pipe the stream (Buckner Branch at the adjacent violation area, to re-establish the buffer. To minimize the impact to the stream, the owner has_ chosen to request permission to install 85ft. of 48in. dia. corrugated metal pipe. Equipment to be used will include track and/or rubber-tired backhoe, a "Bobcat", and dump truck(sl. 11. Explain the purpose of the proposed work: To re-establish a buffer, to minimize any future impacts, and to protect the trout-water in Buckner Branch. Pipe placement in the branch will increase shade to reduce water temperatures and helmsprevent future potential contamination from residential runoff. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No other USACE or DWQ or other permit exists. There are local building permits for adjacent residential structures. 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 permit requests 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 accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) PaQP. 7 ~f 1 ~ 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. Provide a written description of the proposed impacts: Placement of 85ft. of 48"dia. corru ag ted galvanized metal arch pipe "ovalized" (actual dimensions 3$" high X 57" wide). The pipe will be placed on the stream bed grade (2% slope), covered with 18" of high quality fill, and the area seeded and mulched with combinations of natural grasses and other native vegetation. (see ve etg ation plan 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 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) N/A Yes Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres 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 #lA Buckner Branch Pipe & RipRap Perennial 30 in. 90 ft. 0.021ac. Total Stream Impact (by length and acreage) 90 ~~ 0.021ac. Paaa R of 1't 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 N/A Total Open Water Impact (acres) 0 6. List the cumulative im act to all Waters of the U.S. resultin from the ro~ect: Stream Im act (acres : 0.021ac. Wetland Impact (acres): O en Water Im act acres Total Im act to Waters of the U. S. (acres) 0.021 ac. Total Stream Im act (linear feet): 90 ft. 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: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts Papa 9 of 1 2 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The owner on finally asked what buffers widths should be observed and was misinformed. The permanent structure can not be moved. The proposed dine-placement impact is being considered the most environmentally protective option and having the least long-term affect on the stream. There will be verb! little future activityadjacent to the stream. There will be no vehicle crossing. The impacted area will have natural protective permanent vegetation. 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 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: //h2 0. enr.state. nc. us/ncwetlands/strm Bide. html . Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A PaoP ~ n c,f i ~ 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 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are willing 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:J/h2o.enr.state.nc.us/wrp/index.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 of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/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 NEPAJSEPA document is required, call the SEPA coordinator at (919) 733-5083 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 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 ~, PaaP 11 of i't 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. Zone* I ~^^Impact^+` I Multiplier ( Required 1 ~ ~ 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 additiona120 feet from the edge of Zone 1. extends an 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. N/A XL 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. There is currently no impervious acreage. Driveways may be paved later but the impervious surface area will not approach or ever exceed 20%, the site acreage is 2.81 acres. Proposed disturbed areas on-site are minimal (less than '/2 acre). Typical erosion and sediment control measures including but not limited to silt fence, seedin mulching, RipRap or gavel stabilization, rolled erosion control products RECP) may be used to prevent erosion and eliminate sedimentation. The site is nearly flat. 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. The proposed pipe placement proiect will not generate or discharge wastewater. Elsewhere on the site the home construction will have a permitted septic system and all construction will comply with local building codes. , 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 an after-the-fact permit application? Yes ~ No ^ Paor 1 ~ of 13 I. Cstmalative Impacts (rcquitYd by DWQ) Will tbas project (ba,9ed on past and reasonably anticipated future impacts} result iu addztaooal development, wl~icla evuld inspect ~asby dowrssbrearn waoGx quality? No Ifyes, please submit a qualitative or quatxtitati~-e cwaulative impact arsalys~s in accordance with the most rocent North Carol'ma Division of Water Quality policy posted oar aw website at http://h2o.caar_statc.nc.ushacwetlands. If no, please provide a Short nan~ative description:,, II. Other Circomstauces (Optional}: Tt is the, applicant's respcrosibility ~oo submit the application sufficientlX in advance of desired con.~tnu~tion dates to allow processing time for these permits. I~oweve~t, an applicant may clxoose to list crnastraiats associated wit~t construction or sequencing that may impose limits on work schedules (e.g., dtavr-cbwn schedules for lakes, dales assoaated, w,Kh Endangered and Tb~zeeatened Species, accessibility problems, or other issues outside of the applicant's control). 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