20001439 Ver 3_401 Application_20090217

r
LAKE FOREST ASSOCIATION
C/o Donald R. Brewer
601 Lakeshore Lane
Chapel Hill, NC 27514
February 12, 2009
NC DWQ, 401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
LETTER OF TRANSMITTAL
A7.
oo- I?3ci V3
Enclosed are five (5) copies of our pre-construction notification/permit application for
our Booker Creek Forebay at Eastwood Lake Maintenance Project and a $240.00 check
for the Water Quality Certification Fee. We are also applying to US Army Corps of
Engineers for their permits, using the same information.
Please promptly process our application. Thank you.
Yours truly,
Donald R. Brewer
Director, Lake Forest Association, Inc.
Project Manager
t
r
FEB 1 7 pppg
WETLANDS AN.D STORMW TER BRANCH
AI
Permit Application
BOOKER CREEK FOREBAY
AT EASTWOOD LAKE
MAINTENANCE PROJECT
LAKE FOREST ASSOCIATION, INC.
N` GIA RlO////????ii
'FESS/p' C? i
C); 1934
??.
%6'--f/VG1N
4/01
EWELL
ENGINEERING
CONSULTANTS, PC
oo- 1439 V3
Post Office Box 2294
Kernersville, North Carolina 27285-2294
336-996-9974
b k?-7
o m (r-,-\ R-- o, w iR nn
U
February 2009 FEB 1 7 2009
DENR - WATER QUAD 1Y
WETLANDS AND STORMWATER BRANCH
APPLICATION PACKAGE CONTENTS
PERMIT APPLICATION FORMS .............................................................. SECTION 1
PROJECT NARRATIVE ........................................................................... SECTION 2
EXHIBITS RELATED TO PREVIOUS PROJECT ........................................... SECTION 3
EXHIBIT 1 - DWQ CERTIFICATION
EXHIBIT 2 - CORPS OF ENGINEERS PERMIT
EXHIBIT 3 - CERTIFICATION OF COMPLETION
EXHIBIT 4 - WETLANDS DELINEATION INFORMATION
Booker Creek Forebay at Eastwood Lake Maintenance Project JEWELL Engineering Consultants
Lake Forest Association, Inc. February 2009
WAT 13 @@MV IAF9Qv
_ F EB 1 7 2009
LM P T
DENR - WS?OR? ? 8??
?U,Nas nNo
Office Use Only:
Corps action ID no.
DWQ project no. 00- 1439 Y3
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29, 33 or General Permit (GP) number:
1c. 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?
yes 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Booker Creek Forebay at Eastwood Lake Maintenance Project
2b. County: Orange
2c. Nearest municipality / town: Chapel Hill
2d. Subdivision name: Lake Forest
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Lake Forest Association, Inc.
3b. Deed Book and Page No. Book 197, Pages 1151-1153
3c. Responsible Party (for LLC if
applicable): Donald R. Brewer
3d. Street address: 601 Lakeshore Lane
3e. City, state, zip: Chapel Hill, NC 27514
3f. Telephone no.: 919-932-9363
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 10
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: C. Douglas Jewell, P.E.
5b. Business name
(if applicable): JEWELL Engineering Consultants, PC
5c. Street address: PO Box 2294
5d. City, state, zip: Kernersville, NC 27285
5e. Telephone no.: 336-996-9974
5f. Fax no.: 336-996-9976
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 9799-09-6031
1 b. Site coordinates (in decimal degrees): Latitude: 35.940472 Longitude: - 79.02611
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 50.97 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Booker Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: B; NSW
2c. River basin: Cape Fear
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:
The property of LFA is a privately-owned recreational lake in a residential area. Forebay is for sediment capture to
protect the lake.
3b. List the total estimated acreage of all existing wetlands on the property:
see attached information from previous permit application process
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
see attached information from previous permit application process
3d. Explain the purpose of the proposed project:
Maintenance of forebay sediment removal function by excavating sediment and installing check dam. Also see attached
narrative.
3e. Describe the overall project in detail, including the type of equipment to be used:
see attached narrative and drawings.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ®Yes El No El Unknown
project (including all prior phases) in the past'.
Comments: see attached information
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made? see attached information
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): see attached information Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
see attached information
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. See attached narrative for relationship of present project to
previous project.
Action ID. 200120012, DWQ WQC Project #001439, Cert. #3311 issued 12/20/2000; 404 permit issued 5/3/2001
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? PMT ? Yes ? Corps
? No ? DWQ
W5 ? PEI T ? Yes ? Corps
? No ? DWQ
W6 ? PEI T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: wetlands will be protected from any project impacts
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 Upstream dcheck Booker Creek ® PER
? INT ® Corps
? DWQ 45 ft 20 ft
S2 ®P ? T Downstream
check dam Booker Creek ® PER
? INT ® Corps
? DWQ 20 ft 20 ft
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 40 ft
3i. Comments: the stream reach taken for the forebay was already mitigated as a loss under the previous permit; the only
impacts are the upstream and downstream check dams
Page 4 of 10
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 individual) 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
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and 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)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: forebay pond already exists; proposed check dam is non-structural; no downstream hazards
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:
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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? 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 re uired?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Access on roads designed for that purpose; check dam at location of previous beaver dam; no buffer impacts
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
`Work in the dry" proposed to augment previously approved maintenance plan
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project' . ? Mitigation bank
El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
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.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
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:
Page 7 of 10
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? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: only a rock check dam is proposed as
permanent structure - no impervious cover, stormwater flow paths to be restored to prior condition;
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

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
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 8 of 10
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 ? 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
letter.) ? Yes ? No
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.
Sediment will be dewatered on the access roadways and adjacent non-wetland areas in a manner that allows the water to
evaporate, infiltrate or drain back to the forebay. Sediment will then be hauled offsite for disposal.
Page 9 of 10
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? Addressed in previous permit review process
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ? No
impacts? Addressed in previous permit review process
5c. If yes, indicate the USFWS Field Office you have contacted. E:1 Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Addressed in previous permit review process
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?
Addressed in previous permit review process
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?
Addressed in previous permit review process
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? FZYes ? No
8b. If yes, explain how project meets FEMA requirements: proposed check dam is based on design typical of temporary
structures and is not designed to withstand extreme storm events; replaces previously existing beaver dams apparent
from aerial photography
8c. What source(s) did you use to make the floodplain determination? GIS data downloaded from NC Floodplain Mapping
Program

Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 10 of 10
Narrative for Preconstruction Notification
Booker Creek Forebay at Eastwood Lake
Maintenance Project
Lake Forest Association, Inc. (LFA), the homeowners' association for the
neighborhood which surrounds and owns Eastwood Lake, was previously permitted
by the Department of the Army, Wilmington District, Corps of Engineers (Corps
Action ID. 200120012) and the North Carolina Department of Environment and
Natural Resources, Division of Water Quality (DWQ Certification No. 3311) to
excavate sediments in Eastwood Lake, located in the Town of Chapel Hill, North
Carolina. The Corps 404 permit was issued on May 3, 2001. This permit authorized
not only the one-time removal of sediment from the main body of the lake, but
development of a forebay area on Booker Creek as a specific site for sediment
deposition and periodic removal. An aerial photo of the forebay, with portions of the
site plan overlaid, is provided as Figure 1. The impacts of the forebay construction
on the perennial stream were mitigated by a stream restoration project downstream
of Eastwood Lake. The access roads constructed on either side of the forebay area
allow for removal of sediment without a discharge to waters of the U.S. However,
this method of sediment removal does not facilitate the "work in the dry" sediment
removal now preferred by DWQ.
LFA is seeking a permit to authorize construction of upstream and
downstream rock check dams to allow for dewatering and excavation of the Booker
Creek forebay at Eastwood Lake. The contractor may also opt to operate excavation
equipment, including draglines, excavators, bulldozers and graders, in the dewatered
forebay area. This method will result in more efficient sediment removal and less re-
suspension and transport of sediment to the main body of the lake. Excavated
sediment may be temporarily deposited on the access roadways and adjacent non-
wetland areas for additional dewatering, allowing water to evaporate, infiltrate or
drain back to the forebay. Sediment will then be hauled offsite for disposal. This
type of activity is covered under Corps Nationwide Permit 33 (Temporary
Booker Creek Forebay at Eastwood Lake Maintenance Project JEWELL Engineering Consultants
Lake Forest Association February 2009
Construction, Access and Dewatering) and DWQ General Water Quality Certification
(WQC) 3688.
LFA also proposes to allow the downstream check dam, originally to be
constructed for dewatering of the forebay, to remain in place after the sediment
removal. The permanent impact is proposed to be permitted under NWP 29
(Residential Developments) and WQC 3705. LFA has carefully monitored sediment
deposition in the forebay, and in doing so has also periodically noted the water
surface elevation. They noted that after the trapping of beavers in the area and the
subsequent failure of two beaver dams previously located between the Booker Creek
forebay and Eastwood Lake, the water level in the forebay dropped by 0.5 to 1.0 foot.
It appears that the forebay has, up until recently, operated at a level approximately
0.5 foot higher than Eastwood Lake, which is desirable for both aesthetics and
effectiveness. The proposed check dam location is shown in Figure 2. The former
beaver dams are also discernable on the aerial photo. LFA is proposing to replace
the previous beaver dams by allowing the downstream check dam put in place for the
forebay cleanout to remain instead of being removed upon completion of the project.
Although considered a permanent impact, the dam will not be designed to withstand
extreme storm events, but will be based on details typical of temporary structures.
Therefore, flood levels would not be expected to increase as a result of the check
dam.
The proposed rock check dam is considered to be a permanent erosion
control measure, intended to facilitate improved operation of the Booker Creek
forebay so that sediment does not gradually fill the Eastwood Lake volume and again
necessitate a major sediment removal effort such as was undertaken in 2001. The
impacts to Booker Creek are limited only to the footprint of the dam and are offset by
the benefits of increased forebay efficiency which further limits movement of
sediment into and downstream of Eastwood Lake. The contractor will construct the
dam from the north access road in order to avoid encroachment into wetland areas
(shown on Figures 1 and 2). Wetland delineation information developed for the
previous permit application is included as Exhibit 4 in Section 3 and is shown on
Figures 1 and 2.
Booker Creek Forebay at Eastwood Lake Maintenance Project JEWELL Engineering Consultants
' Lake Forest Association, Inc. 2 February 2009
0
0
n
�a
.L
(D
Q
c
0
c
c�
(D
U)
ca
a)
L-
0 0
LL
4--
0
L
a)
W
U
LL

w
LL

EXHIBIT 1
DWQ CERTIFICATION FOR PREVIOUS PROJECT
3
Violations of any condition herein set forth shall result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must
be in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 20 day of December 2000
DIVISION OF WATER QUALITY
WQC# 3311
Stevens
EXHIBIT 2
CORPS OF ENGINEERS PERMIT FOR PREVIOUS PROJECT

' DEPARTMENT OF THE ARMY PERMIT
LAKE FOREST ASSOCIATION, INC.
Permittee (MR. DON BREWER)
Permit No. 200120012
' CESAW-RG-R
Issuing Office
' NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
' You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
' The proposed project consists of the excavation of sediment deposits within Eastwood Lake
for the purpose of restoring and maintaining the original contours to the lake bottom. The
' work will result in the excavation of approximately 50,000 cubic yards of sediment out of
approximately 30.5 acres of lake bottom, the temporary fill of approximately 1,000 square
feet of wetlands for an access road, and the excavation of approximately 4,120 square feet
(230 linear feet) of Booker Creek associated with forebay construction.
' Project Location:
Within and adjacent to Eastwood Lake, an impoundment of Booker Creek, located off of
' Lakeshore Drive, in Chapel Hill, Orange County, North Carolina.
Permit Conditions:
' General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2004
' more time to complete the authorized activity, submit your request for a time extension to this officef foyu find that you nee
one month before the above date is reached.
rconsideration at leastt
' 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
' the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
' this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
' ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE.
(33 CFR 325 (Appendix A))
' 1
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
' and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
' in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
' that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See attached special conditions
Further Information:
' 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
' (X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
' 2. Limits of this authorization.
' a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
' c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
' a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
' b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
' authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
' 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
' b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
' c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
' Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
' and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
' 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
' decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) I A FOREST ASSOCIATION, INC. (DATE)
' (MR. DON BREWER)
' This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
ICT ENGINEER) (DATE)
JAMES W. DELONY, COLONEL
' When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
' and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
1
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717.425
SPECIAL CONDITIONS (Action Id 200120012; Lake Forest Association, Inc.)
a. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit.
b. The permittee shall mitigate for unavoidable impacts to 230 linear feet of Booker Creek
' with the enhancement of 700 linear feet of Booker Creek located approximately 1,000 feet
downstream from the Eastwood Lake Dam. This property is owned and operated as a park
greenway by the Town of Chapel Hill. The stream enhancement will be constructed in
' compliance with the "Booker Creek Stream Mitigation Project Mitigation Plan" dated April 2,
2001, and "Addendum to Booker Creek Stream Mitigation Plan" dated April 18, 2001 (copies
attached to permit).
' Mitigation Requirements
c. Vegetation Success Criteria and Monitoring: At a minimum, all target tree and shrub
' species identified on page 12 of the mitigation plan will be planted within the buffer, no one
species of which may exceed 20 percent of the total number of individuals. The permittee shall
monitor vegetation survival for five years or until the success criterion has been met, whichever
' is the longer period of time. Vegetation will be monitored in August or September of each year.
Success criteria will be met if, for each of the first three complete years of monitoring, a
minimum of 320 trees per acre of the planted species have survived such that at the end of three
years, 320 three-year old trees per acre of the planted species have survived on the site, and, in
' years four and five, a minimum of 288 and 260 trees per acre of the planted species, respectively,
have survived on the site, such that at the end of year five, a minimum of 260 five-year old trees
per acre of the species required by the mitigation plan have survived. If for any monitoring year,
' vegetation performance criterion for that year has not been met, any remedial action required by
the Corps will be performed, the site will be replanted, and the five-year monitoring period will
begin again with year one.
d. Channel Stability and Monitoring: The permittee shall monitor channel stability for 5
years or until the success criterion has been met, whichever is the longer period of time. Channel
stability will be monitored through the use of photo reference sites (longitudinal photos and
lateral reference photos) and a reference reach monitoring the reach's cross-section and
longitudinal profiles. The permittee shall monitor channel stability in conjunction with the
vegetation monitoring conducted in August or September of each year. Success criterion for
stream stability will be met if, for the period of five years in conjunction with the vegetation
monitoring, the stream bedform features and cross-sections remain stable (i.e., the stream retains
its enhanced Rosgen's stream-type classification).
r
e. An as-built report will be submitted to the Corps within 60 days of completion of
mitigation site construction. This report will include photographs of the completed site as well
as the stream reference reach, longitudinal profile and cross-sections of the reference reach,
vegetation sample plot locations, problems encountered and resolved during construction, and
other information as deemed appropriate. An annual monitoring report will be submitted to the
Corps within 60 days of annual monitoring each year for 5 years or until all success criteria have
been met, whichever is the longer period. The annual reports will include photographs,
vegetative sampling results, cross section survey results, longitudinal profile of reference reach
(only in years 1, 3 and 5), and problems encountered with remedial actions.
Other Conditions
f. Excavated materials must be disposed of and permanently stabilized within either
permitted construction and inert debris landfills or other appropriate high ground areas landward
of any waters or vegetated wetlands.
' g. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters outside the permitted work limits.
h. The temporary fill within wetlands associated with the access road improvements will be
' removed immediately upon completion of excavation activities, restoring all original wetland
elevation contours.
' i. Construction of fill haul/work roads within the boundaries of the lake will be restricted to
the permitted excavation and fill limits.
' j. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
' k. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
1. The permittee will maintain the authorized work in good condition and in conformance
' with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
m. Appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion and Control Planning
and Design Manual" or the "North Carolina Surface Mining Manual" (available from the
Division of Land Resources in the DENR Regional or Central Offices) shall be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh
water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and
all saltwater classes; and 10 NTUs in all trout waters);
n. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required State/Federal coordination.
o. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
p. This permit does not grant any property rights or exclusive privileges.
q. This permit does not authorize interference with any existing or proposed Federal project.
In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
' Federal activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the
' authorized activity.
d. Design and construction deficiencies associated with the permitted work.
' e. Damage claims associated with any future modification, suspension, or revocation of
this permit.
' s. Thirty days prior to commencing land disturbing activity, a Sedimentation/Erosion
Control Plan will be filed with the Division of Land Resources, Land Quality Section, North
Carolina Department of Environment and Natural Resources.
3
/ 0 /

EASTWOOD LAKE
\
SEDIMENT REMOVAL PROJECT

PLAN
SOU A 1
LAKE
=Y ,<w
AREA

.? ,
35.5
36
37
s
38 a
.01
/ N 4
18
225 ? ?.
224
223
/ 40
a T 222
41 n 221
220
` t l
r KYE3'M1J "? k Y' ?' ah 1 ?'1 219
z x Yaf `*
y.
."..... "...:::':."..:: :... \ 218
\ iN6?LAT1pS :ARC • ,/1::.
``K RAJ V 217
KfNS/-N % AREA OF EXCAVATION
> = ^'
CT N '10
_OR WETLANDS
AREA 13 THIS DRAWING IS FOR
ti J REGULATORY REVIEW ONLY
NOT FOR CONSTRUCTION
U O
EWELL
/ ENGINEERING CONBULTANTB, PC
200 100• 0 P051 WICE 901( 2294 (336) 998-997
}00 KERNERWtkf- NORTH CARpLiµ1 27285 FAY: [phone]
ACCES? RbA?
No. 1
UVLKLXCAVATE TO -'--
' 12' DEPTH (MIN.)
,41
EASTWOOD LAKE
.i
14
SEDIMENT REMOVAL PROJECT ?pgg?1 /
55 ? _ :4 :: gyp" •?fi /
PLAN ^??* 42
s
N OR $?- k
TN LAKE 4
'
t
AREA
52? $°
ACCESS R
' OAD
No. 2 51 y R-
\ 28'' ..fi
?. r
\ xt, .x a, 1
\ ? r air
29
\
1
3 0 t /
1 3 32
33
a } FG ACCESS
' 34
No. 3
$??? tr 19, 1 LFA /
3 i t? p ro??y
•w
189
188
. ti-
77
1 '9 5 AREA OF F OVATION
F 71
THIS DRAWING IS FOR
REGULATORY REVIEW ONLY
'
NOT FOR CONSTRUCTION
ENGINEERING POST OffICE CONSULTANTS, PC
BOX 2"4 200' 100• O 3001ERNERS/11.E. NORTH CAROLINA 27265 FAX. [phone]
- 3 o F?
10'
EXIST.
PROFILE AREA OF EXCAVATION
TO 6' DEPTH (MIN.)
0
w
w
Y
Q
J
NORMAL WATER SURFACE EL. 295.7±
2 6' (MIN.)
X11
(NOT TO SCALE)
LAKE EDGE PROFILE (TYPICAL)
EASTWOOD LAKE DATA
TOTAL LAKE AREA 48.10 AC.
DESIGNATED WETLAND AREA (TOTAL): 3.59 AC.
NORMAL WATER SURFACE EL.: 295.7± MSL
ACCESS POINTS: 3
ANTICIPATED AREA OF LAKE DISTURBANCE: 30.53 AC. ±
THIS DRAWING IS FOR
REGULATORY REVIEW ONLY
NOT FOR CONSTRUCTION
SWELL
ENGINEERING CONSULTANTS, PC
POST OFFICE BOX 2294 [phone]
KEIZWRW?• ""M CAROUNA 27285 FAX: [phone]
y Of C
Rock
CREEK ROAD

O? Q
r 2? O?
. . --
• . . . • . . . . . . . . . .
-WE?TLA-NDS . . . . . .
. . . . . AREA #1 . . . - _ .
. . . 153-AC.
K??E?t'ANDS . ,
• ARCA #2 .
• 1.64 AC. ,
BRIDGE TO BE
REPLACED BY
THE TOWN OF m
CHAPEL HILL
(SEPARATE
PROJECT)
- BC a? ?
oSS MH
KENSINGTON DRIVE
eC Lr
CI
S
00
oSS MH T <qkE Ep THIS DRAWING IS FOR
?, stiDR REGULATORY REVIEW ONLY
CI E ORI ?E NOT FOR CONSTRUCTION
CD Qi
o
Qco
EWELL
cl ` ENGINEERING CONSULTANTS, PC
BOOKER CREEK FOREBAY PLAN POST Omc` BOX 779' (336) 9%-9974
K(RH(RWLL[. NORTH Cmglp" 77285 fox [phone] j
(?l'AI F- 1" = 5n'
SoF?
18' 80'±
ACCESS & FOREBAY 18
EQUIPMENT PA ACCESS &
60'± EQUIPMENT PAD
BOTTOM WIDTH
EL. 2981
WSEI 295.7'± EL. 298±
t L _f 1
1 ?
EL. 288±
BOOKER CREEK
FOREBAY SECTION A-A
NOT TO SCALE
BOOKER CREEK FOREBAY DATA
TOTAL DISTURBED AREA
(FOREBAY & P 23,615 S.F.
ADS)
TOTAL FOREBAY AREA 14,350 S.F.
EXISTING CHANNEL AREA
(WITHIN FO 4,120 S.F.
REBAY)
NORTH PAD AREA 3,495 S.F.
SOUTH PAD AREA 5,770 S. F.
230 LINEAR FEET OF STREAM TO BE DEEPENED
THIS DRAWING IS FOR
REGULATORY REVIEW ONLY
O NOT FOR CONSTRUCTION
LWELL
ENGINEERING CONSULTANTS, PC
POST O(f KX BOx 2794 [phone]
nfRNCRSMLLf NORTH CMOUNA 77185 f/U (1)6) 996-9976
?l? li /
EXHIBIT 3
CERTIFICATE OF COMPLETION FOR PREVIOUS PROJECT
4
DWQ Project No.: 00 y,7 `% County: C"/``-`t/f e-
Applicant: L,c ??? f?o ?? ?u r, .
Project Name: fw ?•;,?,,,,, /`? r? Gc??l ?o?
' Date of Issuance of 401 Water Quality Certification: Zo /Ji??_ u gyp. IIw 4 /?
t o reti r?? t. ey?Y z.,/j
Certificate of Completion
' Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621 .This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
' project en-ineer.It is not necessary to send certificates from all of these.
Applicant's Ce tific on
1, - L2-1 hereby state that, to the best of my abilities, due care and
' diligence was used to the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved pl and specifi ion and other supporting materials.
' Signature: '" .? o, L Ooh
Date: Agent's Certification
I, hereby state that, to the best of my abilities, due care and
' diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
' Signature:
Date:
If this project was designed by a Certified Professional
as a duly registered Professional
' Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
' Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date

' EXHIBIT 4
' WETLANDS DELINEATION INFORMATION
' FOR PREVIOUS PROJECT
' Action 11): 199820826
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
County: Oranoc.
Notification of Jurisdictional Determination
Property
' Owner Eastwood Lake Homeowners Assoc c/oAgent
C. Douglas Jewell
Address Post Office Box 2294, Kernersville Address
' NC 27285--2294
Telephone Number 336 996-9974 Telephone Number
' Size and Location of Property (Waterbody, Highway name/number, town, etc.) Eastwood Lake
Homeowners Assoc. `s Eastwood Lake property located off of Lake Shore Drive, adjacent to
' Booker Creek, near Chapel Hill, in Orange County, North Carolina.
' Indicate Which of the Following apply:
0 There are DOA jurisdictions on the above described property which we strongly suggest should be delineated and
' surveyed. The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
' cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
' The wetlands on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you.
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.
' 0 There are no wetlands present on the above described property which are subject to die pen-nit requirements of'
section 404 of the Clean Water Act (33 USC 1344). 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.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
' Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
' have any questions regarding the Corps of Engineers regulatory program, please contact
John Thomas
- ---------------- -- ------------
at 91 - 876 - 8441 extension 25 _
Project Manager Signature 1 e, , /1,
1 /
Date June 25, 1998 i Expiration/ba? June 25_,-2.00')
r
' SURVEY PLAT Olt FIELD SKETCI-l OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
T?!"
^ 0
CT)
U
c
c o N o o F- z Y o
c c - a <t
00
L 1W i a o U U
-i to o=- p o 0
V J -- C: c_ 4 Z Z -0 U 0 N
W
p a?
D a o C O = L.L
ooc
>cc V)
w rn a
L;_? ? a O= 3 c a 3
u Q) C)
o- c V) v
Q J o co am o w o Us 0) wo oa o
r ° U O a = n v, ° V)
C)
s ?
6 Q b
e
CIS% i
ft. • i ?¦ i i i i ?
Cp p?<
;
i i• i i i i i
Ah;
'; ' ?' i ? / ?'? ? i i 41 i ' . ' i ? i i i i • • i i i • ?
i? i
i i i i i i i i i i i i i ?
aye
i i
?'t'? i qi ? e i i
,.Vona
;
w All.
p
C
c'
s'
I
I
j
I
I
I