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HomeMy WebLinkAbout20051081 Ver 1_COMPLETE FILE_20050617e 07/11i.-'2005 1 =. 14 =1435591564 Ei'DL GICAL ASSCIC F'A(--,E 01 faXe ftansmiftc-fl To. Cyndi Karoly From: Nick Roark Ecologkal AssodaW, inC. 4676 Bears Bluff Road Wadmalew Island, SC 29487 (843) 559-4127 Fax (843) 559-1564 E-mail ecg&gyqrQ-aol, corn Fax: (919) 733-6893 Date: 7/11/05 4including Re: Pilot Mountain # 05-1081 Pages: this page Cyndi - Please provide us with a short extension to address your letter (attached), which I have just seen today, as I was on vacation this past week. Please call us at (843) 5594127 if you have any questions, or if you need anything further. Thanks_ F'. 1 TI_IL-11-c00= HCIII 11:.-O TEL:':4197 I10HE:DI-JGl--WETLRIDS 07111/21005 13:14 x435591564 E-a=iLOialC: L =_,Cu: PAGE 02 ECOLOGICAL ASSOCIATES, INC. Ecological* Environmental - Natural Resources consulting 4676 Bears Bluff Road - Wadmalaw Island, SC 29487 (843) 559-4127 • Fax (643) 559-1564 - e-mail ecologynrOaol.com June 11. 2005 Ms. Cyndi Karoly DENR -- DWQ - Wetlands Certification Unit. 1650 Mail Service Center Raleigh, North Carolina 27699-1650 SUBJECT: Pilot Mountain Subdivision - DWQ No. 05-1081 Jackson County Dear Ms. Kamly: I just received your letter of July 1, 2005 today, as 1 have been on vacation for the pest week. Please be advised that we intend to pursue the above referenced certification and will be pleased to provide the additional information that you requested, but will need a few extra days past your suggested deadline of July 11th (today). Please accept this letter as our request for 10-day extension to provide the information that you have requested. Thank you for your consideration in this matter. Please contact me at (843) 559-4127 if you have any questions regarding this letter, or if you need anything further. Sincerely, D. Nick Roark Ecologist, Presid F' JI_L-11-L?_0' MOP! 11:^6 TEL:' 1' 7^ ??_'_? IIPME:D ID-I?IETLHPJDS P. E 14 =' =i 5591564 EC:01LOGIC91- -"1ca=u_, PAG-DE 03 ?OF VV H 1 ??Q Michael F. Easley, GQVemor William Ci. Ross Jr., Secretary ts' North Carolina Department of Environment and Natural Resources © Alan W Klimck, P I . Director Division of Watcr Quality July 1, 2005 DWQ Project # 05-1081 Jackson County CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 0460 0001 9899 0973 Mr. Tom Turner Pilot Mountain Associationi LLC. Post Office Box 652 Glenville, NC 26735 Subject Property: Pilot Mountain Subdivision Glenwood Community, Jackson County REQUEST FOR MORE INFORMATION Project Status: On Hold Dear Mr. Turner: On June 17, 2005, the Division of Water Quality (DWQ) received your application to impact 295 feet of streams to construct a pond for the proposed Pilot Mountain Subdivision. The DWQ his determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 211 .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information ROquested: 1. Impact Justification (Avoidance and Minimization) Under Section VII of your application you did not provide a "justification" for the impacts as requested within this section. Instead, your application explains why the impacts is as prioposed. Betsy Branch (classified Water Supply - III) requires that no water dependant structures be installed unless there is no practicable alternative. You neled to amend your application to correct the justification issue. Unless there is no practicable alternative, this project may not be authorized by this agency. 401 Wetlands Certification Unlt 1650 Mall Service Center, Raleigh, North Carolina 27699-16510 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone; 919-733-17861 FAX 919-733-6893 / Internet 6ttp:/lh2o.enr-slate fps/ncwetlanas An Equal OpportunilylAflirmatlve Action Employer- 50% Recycles 10% Post Consumer Paper mr Ana ?1?atura// JUL-11-El=tr=t5, t101J 11:-10 TEL: +19; ^F,- _ [W-iHE:E1[d0-WETLHhJU. F'. _ A7/11;'"2005 13.14 '14'-:5591564 EC:OUJGICAL ASSOC PAGE 04 Pilot Mountain Association, LIX. Pagc 2 of 2 July 1, ?005 2. Mitigation Under Section VIII, 1. of your application, you propose that 30 foot buffers will be preserved along wither side of the stream. 30 buffers are required in Water Supply - III- No impacts beyond those allowed with the local government water supply regulations (or in the NC Administrative Code) shall be performed. Mitigation which complies with the DWQ's policies must be included. Please respond within 10 business days of the date of this letter by sending this information to me in writing and Kevin Barnett of the DWQ Asheville Regional Office, If we do not hear from you within 10 business days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, rte- Cyndi Karoly, Permitting Supervisor DWQ, Wetlands / 401 Unit C K/khb cc: Nick Roark, Ecological Associates, Inc. 4676 Bears Bluff Road Wadmaiaw Island, SC 29487 -Cyndi Kaualy, 17WO, Wetlands / 401 Permitting Unit - Kevin Barnett, DWQ Asheville Regional Office USAGE Asheville Regulatory Field Office File Copy Central Files Filename: 05-1081.PilotMountainSubdivision.add-info.on-hold ,TUL-11-200'5 MOH 11:31 TEL:91'=AT 36 -'=9 hIPME:DWi:) -HETLHhIDS P. 4 Pilot Mountain Subdivision - 2005-1081 - Status: Retired Subject: Pilot Mountain Subdivision - 2005-1081 - Status: Retired From: Kevin Barnett <Kevin. Bamett@ncmai 1. net> Date: Wed, 19 Oct 2005 12:53:23 -0400 To: ecologynr@aol.com CC: Roger Edwards <Roger.Edwards@ncmail.net>, Ian McMillan <Ian. McMillan@ncmail. net>, David McHenry <david.mchenry@ncwildlife.org> Dear Mr. Roark. The DWQ sent an additional information request on July 1, 2005 for this project, and not receiving a response to the addifo request, retired the file. On September 29, 2005, the DWQ received a response to our additional information request. *As this project is retired, the DWQ cannot further process this information.* Should your client wish to pursue this further, a new application (5 copies) along with the appropriate processing fee must be mailed to our central office in Raleigh. It should be noted that the submitted additionaly information does not provide sufficient detail as to the "no practicable alternative" requirement for water dependent structures in a Water Supply Watershed. Additionally, as the "filled in pond" now meets the definition of a wetland under the 1987 US Army Corps delineation manual, the excavation of the soil and vegetation will require permitting (as a seperate impact to the impounding structure) and possibly mitigation. Should you have any further questions, please do not hesitate to contact me at the phone numbers listed below, or reply to this e-mail. Sincerely, Kevin Kevin Barnett - Kevin.Barnett@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Kevin Barnett <Kevin.Barnett(ancmail. net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 10/19/2005 12:53 PM ate- ?I ? ECOLOGICAL ASSOCIATES, INC. Ecological • Environmental • Natural Resources Consulting 4676 Bears Bluff Road • Wadmalaw Island, SC 29487 (843) 559-4127 • Fax (843) 559-1564 • e-mail ecologynr@aol.com September 19, 2005 Ms. Cindi Karoly DWQ 401 -- Wetlands Unit 1650 Mail Service Center all ? Raleigh, South Carolina 27699-1650 SUBJECT: DWQ Project No. 05-1081 SH ? 9 Pilot Mountain Subdivision - Mr. Tom Turner DEN?t , WATER QUAi:,TY Jackson County, NC YMT1ANClANDsyTgRMW4MHaf1>H Dear Ms. Karoly: In accordance with your letter to Mr. Tom Turner dated July 1, 2005 (attached), Ecological Associates, Inc. is pleased to provide the additional information that you requested. The items that were identified in your letter are addressed below: You requested that we provide additional information on impact justification (avoidance and minimization). Impacts to jurisdictional wetlands and waters for this project were initially avoided to the maximum extent practicable in consideration of the configuration of the site, engineering requirements, transportation issues, facilities layout, sediment and erosion control, and economics. Initially, the roadway network for the subdivision was designed to follow existing roadways to the maximum extent practical. Accordingly, the project does not require any new stream crossings. The roads have also been designed as narrow as possible to fit the footprint of the existing stream crossings. The proposed pond was designed as small as possible in consideration of the project purpose. A vertical concrete dam was used to minimize the amount of fill. Downstream impacts were minimized by utilizing a cold water discharge with baffles, which should supply cold, oxygenated water downstream. The proposed pond is viewed as an integral component of the overall project. As an upscale, low-density development (62 homesites ranging from three to 12 acres in size) the project relies on quality homesites that have some form of outstanding natural resource amenity. Low-density developments of this type must maximize the value of the homesites (since they are fewer in number) in order to carry the relatively expensive cost of providing the required infrastructure. The proposed pond provides the outstanding natural resource amenity that is necessary for a large portion of the property that does not contain mountain views. Financially, it is not possible to offer the intended lower density and quality of homesites without the pond as an amenity. Accordingly, we do not believe that there are any practical alternatives to the proposed pond. 2. You asked for additional information on mitigation that complies with DWQ's policies. We have previously proposed a thirty-foot buffer along both sides of Betsy Branch. An additional 20 feet of buffer will be added for a total upland buffer of 50 feet along both sides of Betsy Branch. We will now be preserving 3,000 linear feet of stream with approximately 6.9 acres of upland buffer. We are not aware of any other restoration or enhancement opportunities on-site or in the vicinity of the project. We are also not aware of any NC Wetland Restoration Program projects within our drainage basin. In addition to the items identified in your letter to us, during an on-site meeting with Mr. Tom Turner you asked us to identify all other impacts that would be associated with the project. As discussed in item I above, the four stream crossings that appear on the overall master plan (Preliminary development Plan - revised May 09, 2005) are all existing crossings. The driveway crossing Betsy Branch also is an existing crossing, having the dual purpose of dam and road crossing. The only other potential impact is the maintenance of the existing pond, which will involve removing accumulated silt and restoring historical depths and configuration. Please find attached large-scale drawings of existing and proposed conditions that have been revised to show these elements of the project. We hope this information allows you to continue processing this application. Please contact me at (843) 559-4127 or Mr. Tom Turner at (828) 507-8841 if you have any questions regarding this information, or if you need anything further. Thank you. Sincerely, D. N ilk Roark Ecologist, President, EA, Inc. Attachments C: Kevin Barnett - DWQ Asheville David Baker- USACE Asheville Dave McHenry - NC W RC 2 Ov O'C QG Michael F. Easley. Governor William G. Ross Jr., Secretar) j North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 1, 2005 DWQ Project # 05-1081 Jackson County CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 0460 00019899 0973 Mr. Tom Turner Pilot Mountain Association, LLC. Post Office Box 652 Glenville, NC 28736 Subject Property: Pilot Mountain Subdivision Glenwood Community, Jackson County REQUEST FOR MORE INFORMATION Project Status: On Hold Dear Mr. Turner: On June 17, 2005, the Division of Water Quality (DWQ) received your application to impact 295 feet of streams to construct a pond for the proposed Pilot Mountain Subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Impact Justification (Avoidance and Minimization) Under Section VII of your application you did not provide a "justification" for the impacts as requested within this section. Instead, your application explains why the impacts is as proposed. Betsy Branch (classified Water Supply - III) requires that no water dependant structures be installed unless there is no practicable alternative. You need to amend your application to correct the justification issue. Unless there is no practicable alternative, this project may not be authorized by this agency. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet htto://h2o.enr.state. nc us/ncvvetlands ? hCarolina N"om An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Pilot Mountain Association, LLC. Page 2 of 2 July 1, 2005 2. Mitigation Under Section Vill, 1. of your application, you propose that 30 foot buffers will be preserved along wither side of the stream. 30 buffers are required in Water Supply - III. No impacts beyond those allowed with the local government water supply regulations (or in the NC Administrative Code) shall be performed. Mitigation which complies with the DWQ's policies must be included. Please respond within 10 business days of the date of this letter by sending this information to me in writing and Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within 10 business days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application. review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, 1l-- Cyndi Karoly, Permitting Supervisor DWQ, Wetlands / 401 Unit CK/khb cc: Nick Roark, Ecological Associates, Inc. 4676 Bears Bluff Road Wadmalaw Island, SC 29487 --Cyndi -Karoly,_MQ, Wetlands-1-401--P-ermittin -Unit- Kevin Barnett, DWQ Asheville Regional Office USACE Asheville Regulatory Field Office File Copy Central Files Filename: 05-1081. PilotMountainSubdivision. add-info.on-hold O??F W A7- 9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of WaterQUality July 15, 2005 DWQ Project # 05-1081 Jackson County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Tom Turner 7002 0460 00019899 1086 Pilot Mountain Association, LLC. Post Office Box 652Qa?Q Glenville, NC 28736 D ?J Subject Property: Pilot Mountain Subdivision JUL 2 5 2005 Glenwood Community, Jackson County DE S ?9 STp?W?TER BRPNCH Project Return W Dear Mr. Turner: On July 1, 2005, the Division of Water Quality (DWQ) mail you an additional information request in regards to your request to construct a pond for the proposed Pilot Mountain Subdivision. As of today, the DWQ has not received a response to this request. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. As you have no authorization under Section 401 of the Clean Water Act for this activity, and work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, Kevin H Barnett, Environmental Chemist Surface Water Protection C Klkhb cc: Nick Roark, Ecological Associates, Inc. 4676 Bears Bluff Road Wadmalaw Island, SC 29487 Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit USACE Asheville Regulatory Field Office File Copy Central Files Filename: 05-1081.PilotMountainSubdivision.returned 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetlands One No hCarolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper OF vvH/FR \OC? QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 1, 2005 DWQ Project # 05-1081 Jackson County CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 0460 00019899 0973 Mr. Tom Turner Pilot Mountain Association, LLC. Post Office Box 652 Glenville, NC 28736 Subject Property: Pilot Mountain Subdivision Glenwood Community, Jackson County ?ijL;3 REQUEST FOR MORE INFORMATION tYt 141. i 1..ir .till Y Project Status: On Hold Dear Mr. Turner: On June 17, 2005, the Division of Water Quality (DWQ) received your application to impact 295 feet of streams to construct a pond for the proposed Pilot Mountain Subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Impact Justification (Avoidance and Minimization) Under Section VII of your application you did not provide a "justification" for the impacts as requested within this section. Instead, your application explains why the impacts is as proposed. Betsy Branch (classified Water Supply - III) requires that no water dependant structures be installed unless there is no practicable alternative. You need to amend your application to correct the justification issue. Unless there is no practicable alternative, this project may not be authorized by this agency. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Intemet: http://h2o.enr.state,nc.us/ncwetlands No thCarolina Natirra!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Pilot Mountain Association, LLC. Page 2 of 2 July 1, 2005 2. Mitigation Under Section VIII, 1. of your application, you propose that 30 foot buffers will be preserved along wither side of the stream. 30 buffers are required in Water Supply - III. No impacts beyond those allowed with the local government water supply regulations (or in the NC Administrative Code) shall be performed. Mitigation which complies with the DWQ's policies must be included. Please respond within 10 business days of the date of this letter by sending this information to me in writing and Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within 10 business days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, 1la- Cyndi Karoly, Permitting Supervisor DWQ, Wetlands/ 401 Unit C Klkhb cc: Nick Roark, Ecological Associates, Inc. 4676 Bears Bluff Road Wadmalaw Island, SC 29487 Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit Kevin Barnett, DWQ Asheville Regional Office USACE Asheville Regulatory Field Office File Copy Central Files Filename: 05-1081.PilotMountainSubdivision.add-info.on-hold Date: 06/21/05 Triage Check List Project Name: Pilot Mtn. S/D DWQ#: 05-1081 Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 6/17/05 to 8/15/05 From: Cyndi Karoly Telephone : (919) 733-9721 County: Jackson FIL The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! ?.:i-??o ECOLOGICAL ASSOCIATES, INC. 10 81 Ecological • Environmental • Natural Resources Consulting 4676 Bears Bluff Road • Wadmalaw Island, SC 29487 (843) 559-4127 • Fax (843) 559-1564 • e-mail ecologynr@aol.com r: June 8, 2005 Mr. David Baker USACE - Asheville Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Proposed Pond (NWP 39) - Pilot Mountain Pilot Mountain, LLC - Jackson County, NC Dear David: Please find attached application forms, location maps, plan view and cross-sectional drawings, and other supporting information for a NWP 39 to construct a small pond at Pilot Mountain Subdivision, near Glenville, in Jackson County, NC. We have also provided seven copies to DENR for their 401 Water Quality Certification, and a single copy to the NCWRC in their Waynesville Office. Please process this application at your earliest convenience. Please contact us at (843) 559-4127 if you have any questions regarding this material, or if you need anything further. Thank you. Sincerely, 7 D. Nick Roark Ecologist, President, EA, Inc. Attachments ND JUN 1 7 2005 DENR - WATER QUALITY WVE MANDS AND STOWWATER BRANCH C: Dave McHenry - NCWRC DENR - Raleigh Office Tom Turner - Applicant Office Use Only: Form Version May 2002 USACE Action ID No. _ DWQ No. 05108V (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing ,. L 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 31401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 ? [E 1. Owner/Applicant Information JUN 1 7 2005 Name: Pilot Mountain Associates, LLC _ _ -_ ? Mailing Address: P.O. Box 652 WETUMS AND STO j4 iiR BRANCH _ Glenville North Carolina 28736 Attn: Mr. Tom Turner Telephone Number: (828) 743-9899 Fax Number: (828) 743-7247 E-mail Address: 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: Nick Roark Company Affiliation: Ecological Associates Inc Mailing Address: 4676 Bears Bluff Road Wadmalaw Island, SC 29487 Telephone Number: (843) 559-4127 Fax Number: (843) 559-1564 E-mail Address: Nick ecolo¢icalassociates net Page 5 of 13 M. 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: Pilot Mountain Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Jackson Co. PIN 7565-67-8608 4. Location County: Jackson Nearest Town: Glenville Subdivision name (include phase/lot number): Pilot Mountain Subdivision Directions to site (include road numbers, landmarks, etc.): Go 1.0 mi. north of Glenville tern rt. on Big Ridge Road. Go approx. 0.6 mi. to Pilot Knob, turn rt. Go 1.4 miles to Pilot Mountain Subdivision. Access road is a dirt road to the If. 5. Site coordinates, if available (UTM or Lat/I.ong): N35 degrees 12.728, W83 degrees 7.763 (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): 166 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Betsy Branch 8. River Basin: Tuckaseegee WT rJ (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h?o.enr.state.nc.us/adniin/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: The site is mixed hardwood upland with one perennial stream corridor, and several small intermittent tributaries. Surrounding land is undeveloped. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The proposed work consists of constructing _a small pond. The pond will be constructed by placing a dam across a small perennial stream. The overall project will be a sin e-family residential subdivision, with attendant roads, infrastructure and amenities. ject is to provide a small 11. Explain the purpose of the proposed work: The purpose of the pro pond for recreation and fish and wildlife enhancement, and for stormwater manastement. 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 previous permits have been requested for this site. Request for jurisdictional determination has been provided to USACE. Asheville Office. 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 other permits are anticipated for this project. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 Page 7 of 13 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Construct a dam across a stream to create an approx 2-acre fond The dam will require 30 linear feet of Qne and fill - 265 linear feet of stream will be flooded. 1. Individually list wetland impacts below: N/A - No wetlands will be impacted. Wetland Impact Site Number indicate on map) Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream ear feet Type of Wetland*** * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/hvxv-v.feina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Pond Dam Pipe & fill 30 Betsy Branch 4 ft. Perennial Flooded Stream Flood 265 Betsy Branch 4 ft Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, 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. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Page 8 of 13 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozoue.com, www.mapyuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 295 linear ft. 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbod (if applicable) y Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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 app ' anon. Pond to be created in (check all that apply): ? uplan ds stream ? wetlands Describe the method of construction (e.g., dam/embankme t, excavation, installation of draw down valve or spillway, etc.): Dam (counterfort wall) and cold water release Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Recreation, fish & wildlife enhancement, and stormwater mana¢ement (auantitv). Size of watershed draining to pond: - 140 ac Expected pond surface area: 2.0 acre 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 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Imnacts to streams were minimized to the maximum extent practicable. The pond isthe smallest ject_purQose. The pond is placed at a location that does not size that will accomplish the pro impact wetlands, and will have the minimum impact to streams. Page 9 of 13 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 March 9, 2000, 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 NCWRP 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://li2o.enr.state.nc.us/ncwetlands/stmigide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed mitigation will consist of stream preservation and enhancement by bufferi?ag Approx. 3,000 linear feet of stream will be preserved with a 30-ft. upland buffer along each side. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NOW"). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/ww/index.htni. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Page 10 of 13 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) funds or the use of public (federal/state) land? Yes ? No [, 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 ? 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Require ents), or other (please identify )? Yes ? No If you answered "yes", provide the following information: 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* uapeac feet) Multiplier Mitigation 1 3 2 1.5 Total Page 11 of 13 ' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. M. Stormwater (required by DWQ) Describe impervious acreage (both 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. Sediment & Erosion Control Standards for forestroperations are being implemented. Existing impervious acrrge is presently 0 of 166 acres - Proposed impervious acreage is approx. 5.3 of 166 acres. XU. 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. Septic tank. XM. Violations (required by DWQ) Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No a XIV. 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 13 G/a -7 /11; s Applicant/Agent's Signature Dlte (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 UFF LDCATION MAP Applicant: Pilot Mountain Assoc., LLC Project: Pilot Mountain Subdivision County: Jackson Waterbody: Betsy Branch Date: June 7, 2005 Sheet of N350 /2.7;t LvAq, VIlt-40 7.76.3 ?B?r; Lle 8i j n-._,! . i 0 D to D Z p ? GGQ °a r r n P 3 •J i l i z 0 ca A G) r [.7 z c r r t? z a. ? ?. cc> g g EJ O ro W O O G z z 4 W M1 A O 4 Poo H 0-4 r? V1 I r fin v s s -i r r?• ` j t, 0 +m l?l ici }? rT A < 1 l / 11 An, , \ \\ e ? ??\.i 4 r4r4r - _- , .. ?'? rrrrr, ? 0 r r-? z c r P z n MNO lp ?O p C `F2n '+ .? ILA bo ? o n F .9 r I l M > 'ZI I • ' „•11. '?' X t ? I ? ?r dd ! n,. 0 ® ? a® C • S v 1i Fill z s C. ? ?ey4y? AA A C O ? r-4 0 a z z A = O Y v R4r ? r x i° -0 .2I ? T. r M O z b 1 <D a m ?c 0 ;o N O r O Z 0 0 m U _ (n ? I m 0 D D = C)-njN m i' Q.yO ?. TI m= / cn °' X - w DSO ui °m 0 N D ? I D U> m rm ?Z C-7? _/ (- l' rn-u? ?5f-m -D N a O (n r? rrrl M O (n D 0 i= m O "O O in m 0 I D -o N O r v cn m O m? z m? m? nm ?0 O;;u Z? O g Z D r r m m ---t W o " ? GO ^ --v 0 0 19 R. ? p. rn?. ?r n .. H A ?r r n W?_M, Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 05108.1 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing L 1. Check all of the approval(s) requested for this project: I ection 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 2101 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 2LYULg0W1;R D 1. Owner/Applicant Information JUN 1 7 2005 Name: Pilot Mountain Associates LLC WEXqa 52 MDS Mailing Address: P.O. Box 6 Glenville North Carolina 28736 Attn: Mr. Tom Turner Telephone Number: (828) 743-9899 Fax Number: (828) 743-7247 E-mail Address: 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: Nick Roark Company Affiliation: Ecological Associates Inc Mailing Address: 4676 Bears Bluff Road Wadmalaw Island SC 29487 Telephone Number: (843) 559-4127 Fax Number: (843) 559-1564 E-mail Address: Nick@ecologicalassociates.net Page 5 of 13 III. Project Information 8. 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: Pilot Mountain Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Jackson Co. PIN 7565-67-8608 4. Location County: Jackson Nearest Town: Glenville Subdivision name (include phase/lot number): Pilot Mountain Subdivision Directions to site (include road numbers, landmarks, etc.): Go 1.0 mi north of Glenville turn rt. on Big Ridge Road. Go approx. 0.6 mi. to Pilot Knob, turn rt. Go 1.4 miles to Pilot Mountain Subdivision. Access road is a dirt road to the lf. 5. Site coordinates, if available (UTM or Lat/Long): N35 degrees 12.728. W83 degrees 7.763 (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): 166 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Betsy Branch River Basin: Tuckaseeeee ( `_XT r16 -? d. (Note - this must be one of Norlh Carolina's seventeen designated major river basins. River Basin map is available at http://h?o.enr.state.nc.us/admin/neaps/.) The 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is mixed hardwood upland with one perennial stream corridor, and several small intermittent tributaries. Surrounding land is undeveloued. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The proposed work consists of constructing a small pond, The pond will be constructed by placing a dam across a small perennial stream. The overall project will be a lain eg family residential subdivision, with attendant roads, infrastructure and amenities. 11. Explain the purpose of the proposed work: The pg=se of the project is to. provide a small pond for recreation and fish ant wildlife enhancement, and for stor nwater management. 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 previous permits have been requested for this site. Request for jurisdictional determination M been provided to USACE. Asheville Office. 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 other permits are anticipated for this project. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 Page 7 of 13 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Construct a dam across a stream to create an approx 2-acre pond The dam will require 30 linear feet of pipe and fill - 265 linear feet of stream will be flooded. 1. Individually list wetland impacts below: N/A - No wetlands will be impacted. Wetland Impact Site Number indicate on map) Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://NvNvNv.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Pond Dam Pipe & fill 30 Betsy Branch 4 ft. Perennial Flooded Stream Flood 265 Betsy Branch 4 ft Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Page 8 of 13 www.usas.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapyuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 295 linear ft. 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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 app . ation. Pond to be created in (check all that apply): ? uplands stream ? wetlands Describe the method of construction (e.g., dam/embankme t, excavation, installation of draw-down valve or spillway, etc.): Dam (counterfort wall) and cold water release Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Recreation, fish & wildlife enhancement, and stormwater mana¢ement (auanti Size of watershed draining to pond: - 140 ac Expected pond surface area: 2.0 acre 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 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts to streams were minimized to the maximum extent practicable. The pond is the smallest size that will accomplish the project purpose. The pond is placed at a location that does not impact wetlands, and will have the minimum impact to streams. Page 9 of 13 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 March 9, 2000, 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 NCWRP 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 httl2: Hli2o. enr.state.nc. us/ncwetlands/strmp,ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed mitigation will consist of stream preservation and enhancement by buffering. Approx. 3.000 linear feet of stream will be preserved with a 30-ft. upland buffer along each 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Page 10 of 13 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) funds or the use of public (federal/state) land? Yes ? No 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 ? Non 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Require ents), or other (please identify )? Yes ? No If you answered "yes", provide the following information: 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* u Imp eact feet) Multiplier Required 1 3 2 1.5 Total Page 11 of 13 * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X1. Stormwater (required by DWQ) Describe impervious acreage (both 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. Sediment & Erosion Control Standards for forestry operations are being implemented. Existing impervious acreage is presently 0 of 166 acres - Proposed impgrvious acreage is approx. 5.3 of 166 acres. XH. 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. Septic tank. X1II. Violations (required by DWQ) Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact per n!t Mplication? Yes ? No J- XIV. 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 13 /, e - 7&4 x, f- , G/a ?/,0s Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 It.1FF LOCATION MAP Applicant: Pilot Mountain Assoc., LLC Project: Pilot Mountain Subdivision County: Jackson Waterbody: Betsy Branch Date: June 7, 2005 Sheet of 0lGo % ??7; Svl Drr/?s/Orb caf N350 iz.79- Lonq. WR?° 7.763 GLO,Av;Lle $;9 K; al? e /.3_._.J tl? `\ e .17 11 \\ \? ?? A"N ,\ n O d. i ? g J ? ?0 M Np? ? ?' p to O ? n ?• r r n i; 04% u" L S „r / r i7 z c r r ra z n ?d?orob to ? p S G dr n xg S s $?J R a v g c ? ?a s ro 1-4 O 1-4 ig: O z H z r rr ?rrr" ?? - ,t ?!.? ? _ ? 1?? ?? ?, PR 411 , 6661 ? 1 ? ??' ? S taI 11 purr. ? ,' i fi 4.. \i - rrr r _ ' r t 1 rrr - ' ! r. v l% (. r,rrrr io m {yC) 1? j CA A O z d 1?1 F?1 O r z c r r C7 z ?d 0-0> J O 't7 o ^? lJ s pp? ppO O O H O z z r O H b 1SR6 O ?D N 'O V, s ? 1,-. .f??:?, ? ...??. ?• - ??.? i5.. ? gy I 11 \\ ?l ? i ?+t? A A pPQ p t 3 -te c? - sa t "? r \ a? o s 7 ' O ,M ;z r. 1? O z O O rW?t O _ (n U I m 0 :. D !C N m m I- v -n mT En ;u °f D? ?m D X D (A m ?Z c rn-v? -CFO *O -Dig n v Nr-? m rn-0 °OU) m D 0 i= M O o r -o 00 rn V) ?00 i D u N O r N 0 me mz z (? m? 0 =1 O O? z? O :E Z > S m m W 8 ? g?by Np W n? S7 O.? p O Q U ? C O ? c a' o° n R??ab M N (q ? O p `FiGT D cw Cda o S CCp'? LL H n O ?r r n