20052069 Ver 1_Complete File_20051116

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
January 13, 2006
James D. Rich
Route 1, Box 605
Blowing Rock, NC 28605
Subject Property: James D. Rich Property
Caldwell County
DWQ Project # 05-2069
Caldwell County
0@@T 9% %
JAN"; 's 2006
DENR - WATER nUAU Y
iWO
Approval of 401 Water Quality Certification with Add*W4i i ions
Dear Mr. Rich:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 149 linear feet of streams for the purpose
of property development at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on November 21, 2005 and
subsequent additional information. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued
by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, stormwater, and buffer regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the culverting activities described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed . in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet http://h2o.enr.state.nc.us/ncwetlands
NW Carolina
Afllrallb,
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
s. .
James D. Rich
Page 2 of 8
January 13, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Approved Plan Location or Reference
Units
UT to Greenfield 149 (feet) New impacts
Branch
2. Erosion & Sediment Control Practices
- Erosion--and--sediment; control--practices must- be-in- full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in _accordance _with_ the -e-quirements_ of the . Sedimentation_ - - -
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
,*
James D. Rich
Page 3 of 8
January 13, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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 the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Stream Stabilization (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you must provide
and receive written approval from this Office for a final stream restoration plan for
the stream segments to be enclosed within the proposed bottomless culverts.
The plan must include designs and specifications that meet the definition of
stream restoration (or enhancement if no relocation is proposed) according to the
latest version of the Internal Technical Guide for Stream Work in North Carolina
(available at http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.htm1). The stream
and buffer relocation must be constructed, maintained, and monitored according
to the plans approved by this Office. Any repairs or adjustments to the site must
be made according to the approved plans or must receive written approval from
this Office to make the repairs or adjustments. The relocated stream must be
preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of the approved plans.
A. Deed Restrictions - Deed restrictions or similar mechanisms shall be
placed on the lot to assure compliance with the conditions of this variance
approval. These mechanisms shall be put in place prior to impacting any
waters or buffers. The Deed Restrictions shall include the following
paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition.. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued
compliance with authorizations issued by the State of North Carolina,
Division of Water Quality, DWQ Project Number 03-1030, and therefore
James D. Rich
Page 4 of 8
January 13, 2006

may be enforced by the State of North Carolina. This covenant is to run
with the land, and shall be binding on the Owner, and all parties claiming
under it."
B. Riparian Buffer Protection Areas -
shall include all retained ripa6
application. (25 linear feet fror
jurisdictional streams).
The "Riparian Buffer Protection Areas"
in buffers as proposed within you
i top of bank on both sides of all
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it-will not re-concentrate before discharging into a stream. If this-is-not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
9. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted__ along with-the below required stability
monitoring.. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
10. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.

James D. Rich
Page 5 of 8
January 13, 2006
11. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
12. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
13. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
14. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. if any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
James D. Rich
Page 6 of 8
January 13, 2006
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or
other bank hardening methods. If rip-rap is necessary, it shall not be placed in
the stream bed, unless specifically approved by the Division of Water Quality.
15. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistant with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
17. In stream construction and disturbance shall be prohibited within 25 feet of the top of
banks except where permitted crossings will occur.
16. Culverts that are less than 48 inches in diameter should be installed with 20% of the
diameter of the culvert placed below the level of the stream bottom to allow the
accumulation of stream bed materials and to facilitate aquatic life passage during
periods of low stream flow. Larger diameter culverts should be placed 1 foot below
the stream bottom. Culverts should be placed in the main flow channel (i.e.
thalweg). Partial burial of culverts in this manner also may require increasing their
size to accommodate flow requirements.
17. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
_ Water that inadvertently contacts Jive concrete, should not be discharged to surface- -- -
waters due to the potential for water chemistry change and a fish kill.
18. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
19. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
James D. Rich
Page 7 of 8
January 13, 2006
20. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams must not be constructed.
21.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
22.All crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
23. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) should be reestablished upstream and
downstream of the stream crossings if it is removed during construction to provide
bank stability and shading. We encourage the use of native plants that must be
removed from permanently disturbed areas.
24.All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
25. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
26. The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
27.All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
28. Bottomless Culverts must span from high bank to high bank. The digging of footers
which change the flow of the stream, or otherwise impact the natural course on the
stream are prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
James D. Rich
Page 8 of 8
January 13, 2006
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. Barnett(D_ncmail.net or-at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402
Certificate of Completion
cc: Mr. David Poore
West Consultants, PLLC
405 South Sterling Street
Morganton, NC 28655
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-2069.JamesDRichProperty.approval
1,

Find Wetland Project
Impacts f Mitigations . fs Fees 1" Affiliations Events` f Inspections Comments ' t History
Details! ( Details2 _ Permits and Gerts_
Project Number. 20052069 Version: ?1 Status On Hold Last Action De
"Project Name: ;James Rich Property Culvert - *P
--- --- -
Project Desc: ',culvert pipe extension - ----------- - --
*Owner {Rich, James D. j Details...
*Received From: Applicant -' r :!. COE ID

Received Dt: 111!16!2005
Issued Dt:?
Statutory Dt: J c : ,<<
CAMA NEPAlSEPAReceivedDt: -?
DCM Office: SVV Plan Received Dt:
COE Office: ieville Regulatory Field Office, F J SVU Plan Approved Dt. _
Last Updated By. ,,laurie.dennison ^ -- SW Plan Location: '
Last Updated On: 1111712005 Sewage Disposal f wr
{Back ? P
Tar,,, EM- Documenti - ,., YnE I, 8;29 AM

North Carolina Wildlife Resources Commission P
Richard B. Hamilton, Executive Director
MEMORANDUM
TO:
FROM:
DATE
Cyndi B. Karoly, Supervisor
401 Oversight and Express Permits Unit
NCDWQ Wetlands and Stormwater Branch
Ron Linville, Regional Coordinator
Habitat Conservation Program
November 28, 2005
rw
D
Nov 3 0 a
2005
SUBJECT: James Rich Property culvert, Unnamed Tributary Greenfield Branch, DWQ No.
20052069, Caldwell County
The applicant is requesting 401 Water Quality Certification from the North Carolina Division of
Water Quality. The NCWRC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. These comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.)
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The proposed culvert will impact 300 linear feet of a small perennial headwater stream adjacent
to US 321. Fill will be placed over the culvert to create flat land accessible to US 321 for
development. No trout are known for this section of stream; however, the stream is in a deep
woodland setting that protects downstream waters and that supports various wildlife species. - --
Based our review of the submittal and our knowledge of trout in the county, we do not believe
the activity will have direct impacts on trout; however, other direct and indirect impacts to
wildlife species are anticipated through loss of woodlands and through ancillary impacts to area
streams from diminished upstream ecosystems and elevated stormwater issues. Accordingly, we
recommend the following conditions:
1. Work in waters must be accomplished in the dry to avoid impacts from sedimentation
and turbidity. Stringent erosion control measures should be installed where soil is
disturbed and maintained until project completion.
2. Sloped areas must be fully stabilized. Slopes must not be severe or subject to erosion.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
James Rich Properties -Page 2 - November 28, 2005
3. Autochthonous plants should be used for stabilization to the extent practicable.
4. Stormwater management measures are recommended that maintain or mimic pre-
disturbance hydrographic conditions to the extent practicable. Low Impact
Development (LID) techniques are encouraged. Information on LID practices and
measures can be found at www.lowimpactdevelopment.org.
5. If stormwater ponds are required for the project, we recommend the attached
plantings or similar plantings around the pond to partially restore lost wildlife habitats
and to reduce thermal impacts to waters. Waters released from the culvert should be
aerated by cascading over large boulders if practicable.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Attachment: Piedmont Stormwater Pond Planting Recommendations
Cc: Amanda Jones, COE-ARO
Kevin Barnett, DWQ-ARO

James Rich Properties
-Page 3 -
Piedmont Stormwater Pond Planting Recommendations
November 28, 2005
Instead of using the typical fescue grasses, the upper interior and exterior of the structure should be
planted with the following mix:
Spring/Summer Mixture, May 1- Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30
Browntop millet 20 lbs/a Winter Wheat 120 lbs/a
Kobe lespedeza 20 lbs/a Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 lb/a Shrub lespedeza 1 lb/a
Switchgrass* 51b/a Switchgrass* 51b/ac
Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live
Seeds (PLS) per acre.
* When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than
3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on-
soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not
recommend Sericea lespedeza. Native plants and warm season grasses are preferred over exotic plants.
Add one of the following to the above mixture:
Creeping Red Fescue 5 lbs/acre
Ladino Clover** 5 lbs/acre
Atlantic Coastal Panic Grass 5 lbs/acre (PLS)
Alfalfa** 5 lbs/acre (requires fertilizer containing Boron)
** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as
appropriate and necessary. Depending on elevation and region, other native species may be appropriate.
Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to
prevent unwanted tree growth on a 2-3 year schedule.
The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and
shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on
the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water
elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
- Hickory- Sumac - - White Oak Willow Oak - Red Maple**
Oak Viburnum Green Ash ironwood Black Cherry
Persimmon Water Oak Spice Bush Willow (sp) Serviceberry
Swamp Chestnut Silky Dogwood
Other species may be utilized depending on site requirements and native plant availability. Pines* should
not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An
80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple**
may not be appropriate near detention facility dams.
Elevation and climate considerations may require that other plant species should be used. Additional
plant information and plant supply sources may be obtained from Stewardship biologist, Elizabeth
Hughes at 828/651-8380.
Triage Check List
Date: 11/18/05 Project Name: James Rich Property Culvert
DWQ #:05-2069
County: Caldwell
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 11/16/05 to 1/14/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you 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 (Meuse, 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!

Office Use Only: Form Version May 2002
2 0 0 5 20 6 9
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
11
Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 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: ?
Applicant Information
QCQ?U?0W[E p
D
Name: James D. Rich N O V 1 6 2005
Mailing Address: Route 1 Box 605
Blowing Rock. NC 28605 WEiWJDS AND STORMWATER 8 ANKH
1. Owner/Applicant Information
Telephone Number: (828)-295-3463 Fax Number:
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: David W. Poore P.E.
Company Affiliation: West Consultants PLLC
Mailing Address: 405 South Sterling Street
Mor ag nton, NC 28655
Telephone Number: (828)-433-5661 Fax Number: (828)-433-5662
E-mail Address: davidpoore@,bellsouth.net
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 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: James Rich Property Culvert Placement
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2835104899
4. Location
County: Caldwell Nearest Town: Lenoir
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): US 321 North from Lenoir. Site
is 6.5 miles north of intersection of US 321 and NC 268 on US 321. Site is 0.8 miles north
of temporary construction offices on US 321 on eastern side of US 321.
5. Site coordinates, if available (UTM or Lat/Long): N-36*-30.606', W-81 *-36.106'
(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): 20.2 Acres
7. Nearest body of water (stream/river/sound/ocean/lake):U/T to Greenfield Branch #12-12-1-1
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt,.p://h2o.enr.state.nc.us/admin/map-/.%
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing land use is woodlands. There is an old house
located on the property that is currently vacant.
Page 6 of 12
d•
10. Describe the overall project in detail, including the type of equipment to be used: Proposed
project is to extend an existing 36„ pipe under US 321 for a distance of 300 LF and then
place fill material over pipe to construct a flat surface adjacent to US 321 Appropriate
sedimentation and erosion control devices will be installed.
11. Explain the purpose of the proposed work: Purpose is to create a flat surface adjacent to US
321 to allow property owner to make a portion of his property accessible to US 321 and
useable.
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.
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.
VL 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Place 30OLF of 36"pipe in streambed
and fill over pine.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
estno) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

iasL Caen impacm separately ana iaentuy 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://www.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:
3. 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?
lease specify)
1 culvert 300 LF U/T to Greenfield Br. < 6" Perennial

List eacn impact separately and identuy 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
www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 300 LE
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma) *
Type of Impact Area of
Impact
(acres) Name of Waterbody

( applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, occan, etc.)

LIbL U2101 imp= separably ana iaentuy temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging'
flooding, drainage, bulkheads, etc.
Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Tonoaranhv of site is a deep V-Shaped hollow with stream located in the bottom of hollow.
In order to make the site accessible to US 321 and useable by filling, the stream would have to be
piped out from under the fill area.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
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://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
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
[phone] 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.uL/)M/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
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 X
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 [phone] 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 Butlers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X 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* ( Impact
ttare feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
" Zone 1 extends out 30 feet perpendicular from near bank of channel; [.one L extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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.
XL 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.
Entire 20 acre site is wooded now. Filled area will be gaveled Storm water will be be dissipated
and discharZed through adjacent undisturbed areas after project is completed
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewer disposal would have to be ground absorption se tU is system
XUL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
lo, 4? l/= /J-0--)
A6licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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NOTES:
ALL MATERIALS USED INSIDE NCDOT RIGHT-OF-WAY
SHALL MEET NCDOT SPECIFICATIONS.
CONNECTION TO EXISTING DRAINAGE PIPE SHALL BE
APPROVED BY NCDOT.
ALL FILL SLOPES SHALL BE MAX. 2:1 AND SHALL BE
SEEDED WITHIN 21 DAYS.
ALL FILL SHALL BE COMPACTED TO MIN. 95% AS
DETERMINED BY THE STANDARD PROCTOR TEST.
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WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
Morganton North Carolina 28655
13
201052060
Phone [phone] Fax [phone]
TO D al/slov a p w,97IX Q 4q?/?y
4o>1 weTZ*,-V0S 4wir
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NC ;:74Yg_/G3ts
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ATTENTION
RE:
-J-'fmES R14H laG?Al
WE ARE SENDING YOU -ttached Under separate cover via
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