20081807 Ver 1_401 Application_20081208

Cover Letter for Response to Notice of Violation and After-The-Fact
Permit
I, Kevin M. Settineri purchased 25 acres of land at 2230 Old Union Church Road
in February 2007. During the fall of 2007 I decided to create a pond on the
property using one of the streams on my property as the water source. I did not
realize that the stream was a perennial stream nor did I know that placing a dam
in this stream was a violation of rules/regulation/laws or acts. I completed
construction of the pond during the summer of 2008. In late summer 2008 I
received a Notice of Violation. Working with Alan Johnson from the Division of
Water Quality and Stephen Chapin from the Army Corp of Engineers, I am
submitting an After the Fact permit in response to the Notice of Violation. Below
are the series of steps that I am following:
1. Apply to EEP for 150 feet of linear stream impact. COMPLETE
2. Get an acceptance letter COMPLETE
3. Fill out the PCN Form - PreConstruction Notification Form (401 and 404)
a. Mention that this is an After-the-Fact permit
4. Depict 290 feet. of linear stream impact
a. 260 feet for pond
b. 30 feet for dam and spillway (per Stephen Chapin)
c. Depict 50 foot buffer on the stream after the pond
d. Plant un-wooded areas with Native Trees at 10'-15' on center
5. Get a Topography map from the GIS
6. Respond to the notice of violation
7. Pay the $575 application processing fee
8. Pay the EEP mitigation fee
9. Change the deed to include the 50 foot buffer
10. Have Alan Johnson inspect the trees in buffer tg@m DEC 1 0 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANC"
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. C eck all of the approval(s) requested for this project:
R 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 a[g V wwl bu
1. Owner/Appl' nt Information DEC 1 U 2008
Name: ey?/1 M_ 5e Finer, _
g eui?';TORMWATE(Z
MalinAddress:. PO Bvx 2004 .,ET6AN61S BRMCH
Sa 1;5 loo (,4 NG 211Y5
Telephone Number: 340 Fax Number: q44 30 124
E-mail Address: Ke-,;, ® Rfa ti+ Pappy. Cver,

Agent/Consultant Information (A signed and dated copy of the Agent Authorization
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: A r AA
Comp
Mailir
letter
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I I 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: S(71 ?t llerl
2. T.I.P. Project Number or State Project Number (N/CDOT Only):
3. Property Identification Number (Tax PIN): t7 ?? ??(1?
4. Location
County: L An Nearest Town: 5,q 115 b ory
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): , „ 6,5 S r
'rak, ek-N '74 . Torn R.ssh? . fo One Mile . Tali r'0 iLQLati
5. Site coordinates (Lat/Long or decimal degrees):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2 S Ltcfe6
7. Name of nearest receiving body of water: q4 J Lei, if ?t "e 6k
8. River Basin: Y IA a ki (')
(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: end are ahJ Gn M_611041
%C_; am
Page 6 of 12
10. Describe the overall p><oJect in detail, includinng the type of equipment to be used:
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. NN
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.
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)
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.
Page 7 of 12
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,
se aratel list impacts due to both structure and floodin .
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
(yes/no) Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
List the total acreage (estimated) of all existing wetlands on the property: NIA
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 Impact Impact
Length
(linear
feet Area of
Impact
acres
1 ?PT r+11PI 1 t
COYtr' w a 1 (Q
G ?
?g {/n
D
tOnMC{S Iv !l?netto
Se1?h.,`;. cvv?ra?c ulf?a fit} rp11T/cs? 1 '' 04025

Total Stream Impact (by length and acreage)
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

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resultine from the oroiect:
Stream Impact (acres): 0.03
Wetland Impact acres): 0
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.03
Total Stream Impact (linear feet): 240
Isolated Waters
Do any isolated waters exist on the property? ? Yes g 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 bgen determined to be isolated by the USAGE.
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 ap lication.
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.): ddltl7en 6nmrA4 . tkrc VAI'n , SPA Tway
Proposed use or purpose of pond (e.g., live ck watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):_ CleS t C CtAA ;r ; J,oi
Current land use in the vicinity of the pond: e1mg 'WA A, E&C
Size of watershed draining to pond:_ynxnow4 Expected pond surface area: 66, ea F4 ae
VII. Impact Justification (Avoidance and Minimization) 5 du©S
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. AF4vr Yc 4d DerM.*t.
silp nCc5 werc ns In 11Q A f r Age. Ai', %S
rem ons, 6 v' I f
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/nc?Netlands/strmgide.litin1.
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 senarate sheet if more snace is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://li2o.enr.statc.nc.us/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): 150 l Mc+Gr 4,}
Amount of buffer mitigation requested (square feet): I J4«000 = 1300' K ,501 ' -* 50 Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): k?
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919 733-5083 to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been f 1 d by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA finale al 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
?n justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I Impact Multiplier Required
(square feet) Miti¢ation
2
Total
* Zone I extends out 30 feet perpendiCL
additional 20 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
the top of the near bank of channel. Zone 2 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 213.0242 or.0244, or.0260.
Page 1 I of 12
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.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed eject, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes X No ?
Is this an after-the-fact permit application? Yes X 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 431
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:
Pool c is cacq,?Wc . 76;) ? s a^ AF4r 4%e raef pfn,; f 1; fK5
&A se tb
0. nof?ue o yio ?4 ?+o?
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).
Page 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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Topography Map for 2230 Old Union Church Road Salisbury NC 28146
Topography Map for 2230 Old Union Church Road Salisbury NC 28146
4016 8047 5780,06
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,Fosstem
an anent
PROGRAM
November 13, 2008
Kevin Settineri
P.O. Box 2009
Salisbury, NC 28146
Expiration of Acceptance: August 13, 2009
Project: Settineri 2230 Old Union Church Rd. County: Rowan
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
goym menpetmits regulations or authorizations associated with the proposed actives including SL 2008-152: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer 1
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Ri arian Coastal Marsh
Impact Yadkin 03040103 0 0 ISO 0 0 0 0 0
Credits Yadkin 03040103 0 0 150 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Ashville
Alan Johnson, NCDWQ-Mooresville
Kevin Settineri, agent
File
Sincerely,
William . Gilmore, E I
Director
Restod"... Eklw,?r,?... PYotectzq Ow .fht&

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 9/11/2008
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Valerie. MitchenercDncmall.net. Attachments are acceptable for clarification
purposes (location map is required).
CONTACT INFORMATION
1. Business or Individual Name
2. Street Address or P O Box
3. City, State, Zip
4. Contact Person
5. Telephone Number
6. Fax Number
7. E-Mail Address (optional)
APPLICANT'S AGENT (optional)
PROJECT INFORMATION
8. Project Name
9. Project Location (nearest town, city)
"ATTACH MAP SHOWING IMPACT LOCATION"
10. Lat-Long Coordinates (optional)
11. Project County
Sc°?'?; nee ,
SCl ? I,y ?r r .?
APPLICANT
Kev"e-I
Cc ?)0J( 20,0a
Sal ?s ? V,?- `lyl
Ke1.1%
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q9 A 30 1219
keen ? 1??9htP?pPyr ?ofn
29)q
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ul6??, .
64, , 03 ©y n +03
NIA
N /A
/A
Warm Cool Cold
Zone 1: V /A Zone 2:
12. River Basin
13. Cataloging Unit (8-digit) (See Note 1)
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234)
(See Note 2)
18. Buffer impact-Zone (sq. ft.) (e.g. 12,345)
(See Note 3)
19. Regulatory Agency Staff Contacts
(Indicate names, if known)
20. Other Regulatory ID Information
(e.g., USACE Action ID, if known)
IMPORTANT
Check (4) below if this request is a:
_ revision to a current acceptance, or
_ re-submission of an expired acceptance
_ extension of unexpired acceptance
USACE: DWQ:
Signatu Applic t o nt:
Date: ! y
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http //cfr)ub epa gov/surf/locate/index cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to.
http //www saw usace armv mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.r)df
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Valerie Mitchener at 919-715-1973 or valerie.mitchener(dncmail.net