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HomeMy WebLinkAbout20052129 Ver 1_Complete File_20051129Certificate of Completion DWQ Project No.: O 5 - 2 / 2 County: CO /0 aV.V-Ir S Applicant: Zn"11a4U1,/ ?v,'N/i / L.a/,(i,- iµ7 CtiUre- L) Project Name: l?/w'i1z A4, o Date of Issuance of 401 Water Quality Certification: Feb : -2- , 1 OZ) 6 Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized. agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, - T as ?`?` Z- 51 /'' as a duly registered Professional (i.e. Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffers ,J proved plans and specifications, and other supporting materials. ?;? Signature: / Registration No.: / 5 L472- % ~1/ ° - tl X11 Op Fig OCT 1 2 2006 Date: DENR - VVIAT[R QUALM' NETI-AMR A%! r) CTfiw NV.9TrP PRP, Mra O?O? wAT F9QG r 4 '< Rev. Bruce C. Sheeks Immanuel Evangelical Lutheran Church 2070 Emmanuel Church Road Rockwell, NC 28138 Subject: Kluttz Mine, Sansbury Road, Cabarrus County 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 February 2, 2006 DWQ# 05-2129 Cabarrus County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Reverend Sheeks: You have our approval, in accordance with the attached conditions and those listed below, to impact 148 linear feet (If) of perennial stream (unnamed tributary to Little Buffalo Creek) in order to relocate a haul road for mine expansion in Cabarrus County, as described in your application received by the Division of Water Quality (DWQ) on January 6, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: Continuing Compliance. The applicant shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Noy` Carolina Naturally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Page 2 If you do not accept any of the conditions of this certification, 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, please send a written petition that 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 Mr. Barry Love in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian McMillan - Wetlands Unit Central Files wAr4?gQt: r O < 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 February 2, 2006 DWQ#. 05-2129 Cabarrus County Rev. Bruce C. Sheeks Immanuel Evangelical Lutheran Church 2070 Emmanuel Church Road Rockwell, NC 28138 Subject: Kluttz Mine, Sansbury Road, Cabarrus County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Reverend Sheeks: You have our approval, in accordance with the attached conditions and those listed below, to impact 148 linear feet (If) of perennial stream (unnamed tributary to Little Buffalo Creek) in order to relocate a haul road for mine expansion in Cabarrus County, as described in your application received by the Division of Water Quality (DWQ) on January 6, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. This General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: Continuing Compliance. The applicant shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Non, chCarolina Naturally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Post Consumer Paper Page 2 If you do not accept any of the conditions of this certification, 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, please send a written petition that conforms to Chapter 1508 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 Mr. Barry Love in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian McMillan - Wetlands Unit Central Files Triage Check List Date: 1/09/05 Project Name: Kluttz Mine Expansion DWQ#: 05-2129 County: Cabarrus Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 1/06/06 - 3/07/06 From: Cyndi Karoly Telephone : (919) 733-9721 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! -= --=- Immanuel Lutheran Church 2070 IMMANUEL CHURCH ROAD ROCKWELL, NORTH CAROLINA 28138 -- - (704) 279-3737 December 29, 2005 - _ o C?Gaa? D ? D N.C. DENR Division of Water Quality Wetlands/401 Unit JAN -? 2006 Cyndi Karoly 1650 Mail Service Center DENR-wAIeRQUALITY Raleigh, North Carolina 27699-1650 WETIANMAND51&?MgMill"H Subject: Kluttz Mine Expansion Application Fee Payment Dear Cyndi Karoly, We are going to try a third time ...maybe this time we will get it right! Let's review: First check on November 29, 2005 in the amount of $275.00 Second check on December 11, 2005 in the amount of $250.00 Third check (enclosed) on December 18, 2005 in the amount of $200.00 We received on Saturday, December 17, 2005 your letter stating that we needed to send a check in the correct amount to the N.C. Division of Water Quality so they could review our application. We also received back the earlier check that was made payable in the amount of $250.00. We are enclosing a check in the amount of $200.00. This is the fee for application to our project as it impacts less than an acre of wetland and less than 150 linear feet of streams. If this is not the right amount or it is not payable to the right person or company, please let me know again, and the next time we plan to mail you a blank check signed and we would appreciate you filling in the amount, etc. Again, thanks for handling this matter. Sincerely, &, c. %WA-r-)- Bruce C. Sheeks $275.00 check #1001 (returned) $250.00 check #1022 returned $200.00 check #1023 enclosed W ATF Michael F. Easley, Governor \O?fl 9PG ' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources GJ r Alan W. Klimek, P.E., Director j Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 14, 2005 DWQ # 20052129 Cabarrus County CERTIFIED MAIL Immanuel Evangelical Lutheran Church Attn: Rev. Bruce Sheeks 2020 Emmanuel Church Road Rockwell, NC 28138 Subject: Kluttz Mine Expansion Application Fee Payment Rev. Sheeks: On December 14, 2005 the Wetlands/401 Unit of the Division of Water Quality received your check in the amount of $250.00 for a 401 Water Quality Certification in Cabarrus County, North Carolina. The fee amount that should be remitted for this application is $200 as it impacts less than an acre of wetland and less than 150 linear feet of streams. In order for DWQ to begin review and process your request, you must send a check in' the appropriate amount made payable to the N.C. Division of Water Quality. Your check is being returned for correction of payment amount. This project remains on hold pending receipt of the application fee payment If you have any questions regarding this letter please do not hesitate to call me at (919) 733-1786: Enclosure: Check #1022 for $250.00 CBK/ jd cc: File copy + check copy Central File + check copy Sincerely, AVO?5 Cyndi Karoly ox,t, zt,4- use 20052129 Kluttz Mine Exp (Cabairus)_2_ Hold-Fee Payment A ANN. C. Division of Water Quality, 401 Wetlands Certification Unit,. 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Addr C) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 -PUZ9 1! C& Immanuel Lutheran Church 2070 IMMANUEL CHURCH ROAD ROCKWELL, NORTH CAROLINA 28138 • _ (704) 279-3737 December 11, 2005 N.C. DENR Division of Water Quality Wetlands/401 Unit Cyndi Karoly 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Subject: Kluttz Mine Expansion Application Fee Payment LEI all Q0 E? I DEC 1. 4 195 '. ti a'?TII?OS ?tiD ST0+214 V? ID Dear Cyndi Karoly, We received on Saturday, December S, 2005 your letter stating that we needed to send a check in the correct amount to the N.C. Division of Water Quality so they could review our application. We al o received back the earlier check that was made payable in the amount of $275.00. We are enclosing a check in the amount of $250.00. This is the fee for application to our project. -If you have any questions regarding this payment, please do not hesitate to call me at 704-279-3737. Thanks for handling this matter. Sincerely, 63W,, C. %WA-c - Bruce C. Sheeks WA?F _ Michael F. Easley, Governor ?Q - William G. Ross Jr., Secretary \O? QG North Carolina Department of Environment and Natural Resources C? - Alan W. Klimek, P.E., Director j Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 30, 2005 DWQ # 20052129 Cabarrus County CERTIFIED MAIL Immanuel Evangelical Lutheran Church Attn: Rev. Bruce Sheeks 2020 Emmanuel Church Road Rockwell, NC 28138 Subject: Kluttz Mine Expansion Application Fee Payment Rev. Sheeks: On November 29, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application and check in the amount of $275.00 for a 401 Water Quality Certification in Cabamzs County, North Carolina. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to begin review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality. Your check is being returned for correction of payment amount. This project as been.Rlaced on hold pending receipt of the application fee payment If you have any questions regarding this letter please do not hesitate to call me at (919) 733-1786. Sincerely, Cyndi Karoly Enclosure: Check #1001 for $275.00 CBK/ jd cc: File copy + check copy Central File + check copy 20052129 Kluttz Mine Exp (Cabanus)_ Hold-Fee Payment N. C. Division of Water 401 Wetlands Certification Quality, Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service 4: 1-877-623-6748 ROCKWELL, NC 28138 ul' ZENS SOUM 108 WEST MAIN STREET v +••• ROCKYIEI.l;NC28138. is 253 I 05 L 21: 53903 L o1Jale ? - ? v 24P=uo L00 L nw.. v.nxv. x..l a?5.?? 2Gi15212J October 23, 2005 Asheville Regulatory Field Office U.S. [Tny Corps of Engineers 151 Patton Avenue Room 208 CS . Dtj Asheville, NC 28801-5006 K1uttz Subject: Nationwide Permit 44 Application for Mine Expansion for Kintz Mine by Immanuel Evangelical Lutheran Church, Cabarrus County. Mining Permit 113-02. Dear Sir/Madame:. Enclosed is the Preconstruction Notification form for a Nationwide Permit 44, Mining Activities for the proposed expansion of the existing rock quarry (called Klutz Mine) owned by Immanuel Evangelical Lutheran Church. The proposed project will impact 148 linear feet of perennial stream channel, and no wetlands. Avoidance and minimization will be accomplished to the greatest extent feasible and practicable. By copy of this letter we also submit this application to the Division of Water Quality (DWQ) for review and certification. We have included seven paper copies for of the application package for their review. The subject property consists of approximately 73.3 acres, and is located at the intersection of SR 2416 and SR 2442, on north side of SR 2416, NE of Mt. Pleasant. The subject site is located on the Rockwell and Mount Pleasant USGS Topographic Quadrangle Map, at approximately UTM 17 556208E, 3926578N, or latitude 35.8411 degrees N, 80.3804 degrees West (WGS 84/NAD 83). The subject site is located in the Yadkin River Basin, and the unnamed tributary on the subject site flows into Little Buffalo Creek. The proposed project will result in the loss of 148 linear feet of a perennial stream and the creation of open water contiguous to existing open water. The proposed road crossing will install a 60 foot long culvert, sized for the hydraulic requirements of the stream. The application package includes topographic, aerial and soil survey maps and proposed site plan. If any additional information is needed, please contact Ms. Robin Little at (919) 418-7645 or Rev. Bruce C Sheeks at 704-279-3737. We look forward to meeting with you to discuss this project in the near future. Sincerely, Gw" C_ %who- Reverend Bruce C. Sheeks CC: Mr. T. Patrick Shillington, E2S Ys. Robin Maycock Little ?s. Cyndi Karoly, DWQ Q?c?r?oeE? NOV. 2'9 2005 DENR • WATER QUALITY WETLANDS AND STORMWATER BRANCH Office Use Only: Form Version May 2002 20005 2 1 2 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. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 44 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), c p LS-2161E D D H. Applicant Information NOV. 2 9 2005 1. Owner/Applicant Information Name: Rev. Bruce C. Sheeks WETLANDS AND STMIMTER BRWH Mailing Address:_ Immanuel Evaneelical Lutheran Church 2070 Emmanuel Church Road Rockwell NC 28138 Telephone Number: 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: Robin M. Little Company Affiliation: Mailing Address: 5409 New Rebel Court Youngsville, NC 27596 Telephone Number: (919) 418-7645 Fax Number: E-mail Address: Environmental Solutions(a,hotmail.com Page 5 of 12 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. Kl uttz ?'ii -9'0t Name of prof 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Cabarrus Nearest Town: Rockwell Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located at the intersection of SR 2416 and SR 2442, on north side of SR 2416, NE of Mt. Pleasant. 5. Site coordinates, if available (UTM or Lat/Long): UTM 17 556208E, 3926578N, or 35.8411 deg. N, 80.3804 deg W (WGS84/NAD83) (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): 73.3 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Little Buffalo Creek 8. River Basin: Yadkin DWO Classification # 13-17-11-6 C (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing mine, needs to relocate haul road 148 feet upstream on UT in order to expand mine 10. Describe the overall project in detail, including the type of equipment to be used: Page 6 of 12 Existing haul road to be moved 148 feet upstream on UT to Little Buffalo Creek, existing mine to be expanded out to new haul road/culvert. Heavy equipment: excavators, backhoes, mining equipment. Proposed excavation will remove existing creek, and create additional open water contiguous with existing open water. 11. Explain the purpose of the proposed work: To mine remnants of specific geologic materials within geologic map unit. 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, C'Sb5 list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Kl uttz 1 Mine has been in operation since the 1940's. Mining downstream of proposed impact occurred before 1979, so no permits have been issued except for Mining Permit 113-02.. 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. NA 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 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: Relocate existing haul road 148 feet upstream, excavate upstream of existing culvert to proposed culvert/haul road, removing 148 feet of perennial stream channel and replacing with open water Page 7 of 12 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of Wetland*** NA NA 0 NA NA NA * 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://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: 0 acres Total area of wetland impact proposed: 0 acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of T Impact Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif ) A Excavation 148 UT to Little Buffalo Creek 4 feet 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 www.usp-s.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.maRguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 148 linear feet 4. 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 Type of Impact*. Area of Name of Waterbod Type of Waterbody L] Page 8 of 12 Site Number I I Impact I (if applicable) I (lake, pond, estuary, sound, (indicate on maul (acres) bav. ocean, etc.) impact separately and identify temporary impacts. Impacts are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Due to need to expand operation in order to mine remnant material, the proposed impacts are unavoidable. However, adverse impacts will be minimized by the existing lake downstream of the project. The stream to be impacted will be replaced by open water, and the headwaters will be protected by adequate grade control at the proposed culvert. 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 Page 9 of 12 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.ne.us/ncwetlands/strmgide.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. NA 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/wm/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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 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 Page 10 of 12 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 Requirements), 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* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * 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 (Le., 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. XI. Stormwater (required by DWQ) Page 11 of 12 'r 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. NA 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. NA X1H. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 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). 6'& c %WVZa_ II-67-0-5 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ' • ,? ?° j?i','w`??+ lei ?r ':^ ? 5 '!?'r t? '4W irt- µ^ ) _ , ?\',rv.v } `?? ? x Y ? u 0.t ? ? ?r? ? • s -Ike +. ? ?' ? ?_?f ?i.Ii'!? -' ./ ? ^. ... `? ,' A{? " M1"??'??"F ? T ?r ????? Y?? ?sii,` F ?? ??. :_ t? t ? ? t .ti ... ,; ? OFF IV r?I?I `?`" ? f ?I ?? ?` / f' ./ill, r ? 1? •? ?1?. ..I?.jL.t 'M?.,, ?'' ?,? t? ,., St??,SCy?`?-?? ?{?'rr ? ???11??1 '...1t _ I .r, ? i? '? _ •----c+...,ti'?? 'r : . ' rt .f ???? ? :.t,? I , b. ?i?.t ? `? ? ? f y ?. 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BaF i ?KkB v mr EnB \ d ?. r v 1 de oa Ba8'. ?? \ d Bag ` r N Gyi' KkB.I p TaD 244 ?r Ge82 I\GOC T BaD /? m .Ch' Ba8 Kk6 /L October 23, 2005 2 0 0 5 2 1 2 9 Asheville Regulatory Field Office - U.S. Army Corps of Engineers 151 Patton Avenue Room 208 CS' ?D Asheville, NC 28801-5006 Kluttz Subject: Nationwide Permit 44 Application for Mine Expansion for Kfatz Mine by Immanuel Evangelical Lutheran Church, Cabarrus County. Mining Permit 113-02. Dear Sir/Madame: Enclosed is the Preconstruction Notification form for a Nationwide Permit 44, Mining Activities for the proposed expansion of the existing rock quarry (called Klutz Mine) owned by Immanuel Evangelical Lutheran Church. The proposed project will impact 148 linear feet of perennial stream channel, and no wetlands. Avoidance and minimization will be accomplished to the greatest extent feasible and practicable. By copy of this letter we also submit this application to the Division of Water Quality (DWQ) for review and certification. We have included seven paper copies for of the application package for their review. The subject property consists of approximately 73.3 acres, and is located at the intersection of SR 2416 and SR 2442, on north side of SR 2416, NE of Mt. Pleasant. The subject site is located on the Rockwell and Mount Pleasant USGS Topographic Quadrangle Map, at approximately UTM 17 556208E, 3926578N, or latitude 35.8411 degrees N, 80.3804 degrees West (WGS 84/NAD 83). The subject site is located in the Yadkin River Basin, and the unnamed tributary on the subject site flows into Little Buffalo Creek. The proposed project will result in the loss of 148 linear feet of a perennial stream and the creation of open water contiguous to existing open water. The proposed road crossing will install a 60 foot long culvert, sized for the hydraulic requirements of the stream. The application package includes topographic, aerial and soil survey maps and proposed site plan. If any additional information is needed, please contact Ms. Robin Little at (919) 418-7645 or Rev. Bruce C Sheeks at 704-279-3737. We look forward to meeting with you to discuss this project in the near future. Sincerely, (S3rw4lel C. Reverend Bruce C. Sheeks CC: Mr. T. Patrick Shillington, E2S Ms. Robin Maycock Little Ms. Cyndi Karoly, DWQ F@12OW14 NOV. 2 9 2005 DENR - WATER QUALITY 14ETUMDS AND STORMWATER BRANCH Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 44 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) lm d*r= II. Applicant Information N (L OOV V 2 I . 2 9 2005 1. Owner/Applicant Information DENR - WATER QUALITY Name: Rev. Bruce C. Sheeks WETLAIDSAMDSTORMWATFRRRANCW Mailing Address: Immanuel Evangelical Lutheran Church 2070 Emmanuel Church Road Rockwell NC 28138 Telephone Number: 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: Robin M. Little Company Affiliation: Mailing Address: 5409 New Rebel Court Youngsville, NC 27596 Telephone Number: (919) 418-7645 Fax Number: E-mail Address: Environmental Solutions(a-),hotmail. corn 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 holi until decipherable maps are provided. Kl uttz kk.-ci- 1. Name of project: _K trtgMine Expansion 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Cabarrus Nearest Town: Rockwell Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located at the intersection of SR 2416 and SR 2442, on north side of SR 2416, NE of Mt Pleasant 5. Site coordinates, if available (UTM or Lat/Long): UTM 17 556208E 3926578N or 35.8411 deg. N, 80.3804 deg W (WGS84/NAD83) (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): 73.3 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Little Buffalo Creek 8. River Basin: Yadkin DWQ Classification # 13-17-11-6 C (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing mine, needs to relocate haul road 148 feet upstream on UT in order to expand mine 10. Describe the overall project in detail, including the type of equipment to be used: Page 6 of 12 Existing haul road to be moved 148 feet upstream on UT to Little Buffalo Creek, existing mine to be expanded out to new haul road/culvert. Heavy equipment: excavators, backhoes, mining equipment. Proposed excavation will remove existing creek, and create additional open water contiguous with existing open water. 11. Explain the purpose of the proposed work: To mine remnants of specific geologic materials within geologic map unit. 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, Ca b'S list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Kl uttz I£tft Mine has been in operation since the 1940's. Mining downstream of proposed impact occurred before 1979, so no pennits have been issued except for Mining Permit 113-02.. 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. NA 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 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: Relocate existing haul road 148 feet upstream, excavate upstream of existing culvert to proposed culvert/haul road, removing 148 feet of perennial stream channel and replacing with open water Page 7of12 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of Wetland*** NA NA 0 NA NA NA i i i I * 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://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: 0 acres Total area of wetland impact proposed: 0 acres 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? (leasespecify) A Excavation 148 UT to Little Buffalo Creek 4 feet 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 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 148 linear feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Im act Type of Impact* Area of Name of Waterbod Type of Waterbod Page 8of12 Site Number I I Impact I (if applicable) I (lake, pond, estuary, sound, (indicate on maul (acres) bav. ocean, etc.) impact separately and identify temporary impacts. Impacts include, but are not to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Due to need to expand operation in order to mine remnant material, the proposed impacts are unavoidable. However, adverse impacts will be minimized by the existing lake downstream of the project. The stream to be impacted will be replaced by open water, and the headwaters will be protected by adequate grade control at the proposed culvert. 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 Page 9 of 12 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/newetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NA 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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 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 Page 10 of 12 . S1 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 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V 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* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * 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 213.0242 or.0260. XI. Stormwater (required by DWQ) Page 11 of 12 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. NA 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. NA XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 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). aNv_e, 0- 11 -D4-D5 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 i JV __ ,A?F'-7 r Erx- .-'1 z • ? ? t, N_ ? j,.Z f??:, ?~ _. F > (? ,, F y ?S , r` \ ,?N-S i• ,?.? S w . '?,Y IN? /_-"._ `? i ? i? <.???^?t?,?ppi,?yrlii ? .?.,?f??A.• '""v' Y,Y ?'r`?L ?'1 yn?1l,? i #i' ?.. ?. ??Z I, 21 ! E ?? a? ??? f K i 7. t 7! ?tp? t w x_ i? 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