20052140 Ver 1_Complete File_20050121

ct0? W A T F9pG
0Niio?oswaaw
David R. Murphy
Post Office Box 1033
Murphy, NC 28906
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2006
DWQ Project # 05-2140. Mitigation Approval
Cherokee County
Subject Property: David R. Murphy Property
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Murphy:
The Division of Water Quality has reviewed your submitted mitigation plan and agrees
that it will meet the requirements of Water Quality Certification Items 6 and 7. Please
note that these areas are to be protected in perpetuity through some form of Deed
Restriction, Conservation Easement, or other protective mechanism.
This letter completes the mitigation he 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. Barnetta-ncmail.net or at 828-296-4657.
Sincerely
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
cc: Cherokee County Planning Office R1RQP90W[90
David Baker, USACE Asheville Regulatory Field Office
DWQ 401 Central Office JUL 2 1. 2006
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission WE UENR - WATER QUALITY
File Copy TilANDS AND STORIMMER BRANCH
Central Files
Filename: 05-2140. David RMurphy. Mitigation
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: htto://h2o.enr.state.nc.us/ncwetlands
thCaro
No lina
Natura!!il
An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Triage Check List
Date: Gr

To: ;x ARO
? FRO
? MRO
? RRO
I ? M " ?' '?aI
Project Name:
DWQ#: ILI D
County: r ??4Sqt_k_Q,
Kevin Barnett
Ken Averitte
Alan Johnson/Barry Love
Eric Kulz
From:
? WaRO Kyle Barnes
? WiRO Noelle Lutheran/Joanne Steenhuis
? WSRO Daryl Lamb
Telephone : (919) _? 1 5 - 1 7-P3
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (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: (a 61,0 . 1n C -k._c?;c LiA
a To%?

4
Kevin Barnett
NC Division of Water Quality/401 Wetlands Unit
1650 Mail Service Center
Raleigh, N. C. 27699-1650
Subject: Mitigation for DWQ Project #05-2140
Dear Mr. Barnett,
This letter is to outline a proposal for compensatory mitigation concerning David R. Murphy
property, DWQ Project #05-2140.
I am submitting this proposal for your approval.
The enclosed photograph shows a blue-line stream flowing across the property of William G.
Murphy Jr. and Marion S. Murphy. The property pin # is 550101275883000 as recorded in deed
book 009380058 in Cherokee county N.C. The length of the stream is 280.05 feet on this
property. The plan is to restore the integrity on this section of the stream. There are several
ditches and gullies showing evidence of concentrated flow along the sides of the stream. This, I
believe meets the criteria set forth in the guidelines for buffer restoration.
I propose to use best management practices to stabilize these areas to improve compacted soil
and/or eliminate the areas where channelized flow has developed. The soil will then be stabilized
and re-seeded with orchard grass and white pine seedlings.
The owners of the property, (William G. Murphy Jr. and Marion Murphy) have agreed to a
conservation easement for this stream as shown on the recorded plat. This area will be shown as
a Riparian Buffer protection area and the following paragraph will be recorded as a deed
restriction.
"The area shown on the recorded plat as a Riparian Buffer Area shall be maintained in its 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
additional impervious surfaces, on such protected area without written authorization from the
Division of Water Quality (DWQ) of compliance with the Riparian Buffer Protection Rule (15A
NCAC 4B .0125). 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 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."
If approved, work shall begin within 30 days and the Certificate of Completion will be mailed to
the Division of Water Quality upon completion.
Enclosed is an aerial photo of the property and a plat copy obtained from the Cherokee County
Mapping office showing the location of the property and proposed Buffer Area on the Blue-Line
stream.
Thank you for your conside ation,
DA;.: •r 4 W G
David R. Murphy
PO Box 1033
Murphy, N.C. 28906

MAY 1 0 2006
MAP VVA11J< QUALITY
WE] AND, 4ND STORMWATER BRANCH
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<,
O?O? W A T FRpG
0 'C
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
March 3, 2006
David R. Murphy
Post Office box 1033
Murphy, NC 28906
Subject Property: David R. Murphy Property
DWQ Project # 05-2140.Ver.2
Cherokee County
ES 1.'W [IR
MAR 1 4 2005
'aE3?a; ,,;Al Lh U01ALITY
WETIAN;: a.hC: STf.)PMWATcR BRANCH
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Murphy:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 280 linear feet of streams for the purpose
of site access at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on December 1, 2005. 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. You must first
secure and complete mitigation at a 1:1 ration for the 280 feet of impact proposed in
your application. If you change your project beyond what is authorized in your
submitted information, 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
One
NorthCarolina
,Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
David R. Murphy Property Access
Page 2 of 7
March 3, 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 (Units) Plan Location or Reference
Stream 280 (feet) #1
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 requirements 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.
David R. Murphy Property Access
Page 3 of 7
March 3, 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 Preservation (Mitigation) (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 preservation plan. The
plan must include a surveyed map detailing all jurisdictional waters of the state
located within the property, the surveyed buffer areas, and the surveyed
locations of the impacts. 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. These waters must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part
of the approved plans.
You are required to mitigate for impacts through protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian
buffers are 30 foot buffers on all streams on this property.
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
buffers approved for impact under this Minor Variance. 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) or compliance with the Riparian Buffer Protection
Rule (15A NCAC 4B .0125). This covenant is intended to ensure
continued compliance with authorizations issued by the State of North
David R. Murphy Property Access
Page 4 of 7
March 3, 2006
Carolina, Division of Water Quality, DWQ Project Number 03-1030, and
therefore 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 - The "Riparian Buffer Protection Areas"
shall include all retained riparian buffers provided within your submitted
impact request.
7. Compensatory Mitigation (Final Plan Needed)
Mitigation must be provided for all of the stream impacts related to this culverting
activity as specified in the table below. A final compensatory mitigation plan must
be approved in writing by this Office before any of the impacts approved herein
are conducted. Additionally, the compensatory mitigation plan must be
completely constructed and implemented according to the plans approved by this
Office before any impacts approved herein are conducted, or prior to the
construction of any structures associated with this developement. The mitigation
must be maintained according to the approved plan and permanently protected
by the use of conservation easements or similar protections. Any repairs or
adjustments to the mitigation site must be made according to the approved plan
or must receive written approval from this Office to make the repairs or
adjustments.
Compensatory Credit Mitigation Required
Stream 280 (feet)
8. 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 will be necessary to provide stormwater
facilities that are considered to remove nitrogen. A constructed stormwater
treatment will require additional approval from this Office.
9. 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.
David R. Murphy Property Access
Page 5 of 7
March 3, 2006
10. 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. Daily monitoring
by a NC certified lab must be performed on a daily basis during culvert
installation. The samples must be taken a midpoint during each installation while
active, installation is occurring and sampling must follow approved protocols.
11. 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.
12. Deed Restrictions
Deed restrictions or conservation easements 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.
David R. Murphy Property Access
Page 6 of 7
March 3, 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.
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.
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.
David R. Murphy Property Access
Page 7 of 7
March 3, 2006
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. Barnetfi ?ncmail.net or at 828-296-4657.
Sincerely,
Z- ed('czC'4-e
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3402
Certificate of Completion
cc: Cherokee County Planning Office
David Baker, USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-2140Ver2. David RMurphy.approval
F WATF
0N[ichael F. Easley, Governor
7 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C Alan W. Klimek, P.F:. Director
Division of Water Quality
February 3, 2006
DWQ Project # 05-2140
Cherokee County
David R. Murphy
Post Office Box 1033
Murphy, NC 28906 @IN D
VV
Subject Property: David R. Murphy Property FEB 1 0 2006
Approval of 401 Water Quality Certification with Additional CondWMR-WATER QUALITY
AND STORMWATER BRANCH
Dear Mr. Murphy:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 280 linear feet of streams for the purpose
of site access at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on December 1, 2005. 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. You must first
secure and complete mitigation at a 1:1 ration for the 280 feet of impact proposed in
your application. If you change your project beyond what is authorized in your
submitted information, 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.ent,.state.ric.us/ticwetiands
One
NthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
David R. Muiphy Property Access
Page 2 of 7
February 3, 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 Units Plan Location or Reference
Stream 280 feet #1
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 requirements 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.
David R. Murphy Property Access
Page 3 of 7
February 3, 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 Preservation (Mitigation) (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 preservation plan. The
plan must include a surveyed map detailing all jurisdictional waters of the state
located within the property, the surveyed buffer areas, and the surveyed
locations of the impacts. 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. These waters must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part
of the approved plans.
You are required to mitigate for impacts through protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian
buffers are 30 foot buffers on all streams on this property.
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
buffers approved for impact under this Minor Variance. 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) or compliance with the Riparian Buffer Protection
Rule (15A NCAC 4B .0125). This covenant is intended to ensure
continued compliance with authorizations issued by the State of North
David R. Murphy Property Access
Page 4 of 7
February 3, 2006
Carolina, Division of Water Quality, DWQ Project Number 03-1030, and
therefore 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 - The "Riparian Buffer Protection Areas"
shall include all retained riparian buffers provided within your submitted
impact request.
7. Compensatory Mitigation (Final Plan Needed)
Mitigation must be provided for all of the stream impacts related to the
development of the Lake Adger Developement as specified in the table below. A
final compensatory mitigation plan must be approved in writing by this Office
before any of the impacts approved herein are conducted. Additionally, the
compensatory mitigation plan must be completely constructed and implemented
according to the plans approved by this Office before any impacts approved
herein are conducted, or prior to the construction of any structures associated
with this developement. The mitigation must be maintained according to the
approved plan and permanently protected by the use of conservation easements
or similar protections. Any repairs or adjustments to the mitigation site must be
made according to the approved plan or must receive written approval from this
Office to make the repairs or adjustments.
compensatory credit Mitigation Required
Stream 280 feet
8. 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 will be necessary to provide stormwater
facilities that are considered to remove nitrogen. A constructed stormwater
treatment will require additional approval from this Office.
9. 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.
David R. Murphy Property Access
Page 5 of 7
February 3, 2006
10. 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. Daily monitoring
by a NC certified lab must be performed on a daily basis during culvert
installation. The samples must be taken a midpoint during each installation while
active installation is occurring and sampling must follow approved protocols.
11. 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.
12. Deed Restrictions
Deed restrictions or conservation easements 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.
David R. Murphy Property Access
Page 6 of 7
February 3, 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.
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.
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.
David R. Murphy Property Access
Page 7 of 7
February 3, 2006
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(a?ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3402
Certificate of Completion
cc: Cherokee County Planning Office
David Baker, USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-2140. David RMurphy.approval
Re: Tardy/Tracking
Subject: Re: Tardy/Tracking
From: "[e-mail]" <[e-mail]>
Date: Fri, 27 Jan 2006 19:41:49 -0500 (EST)
To: <[e-mail]>
They were issued on the 25th.
I just have not had time to enter them into BIMS.
Will do Monday.
Kevin
1 of 1 2/6/2006 9:16 AM
Triage Check List
Date: 12/05/05 Project Name: David R. Murphy - Property Access
DWQ #:05-2140
!, . County: Cherokee
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 12/01/05 to 1/29/06
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 (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
THE FOLLOWING APPLICATION IS BEING SUMMITTED FOR REVIEW.
THE PURPOSE IS AN ATTEMPT TO RECOVER THE PASTURE LAND THAT
WAS LOST WHEN CONSTRUCTION OF HWY 64 BYPASS IN MURPHY, NC
BEGAN.
IT WILL ALSO ALLOW ACCESS TO ANOTHER DWELLING OWNED BY MY
BROTHER AND HIS FAMILY.
THE AREA IN RED IS THE US 64 ROUTE NOW UNDER CONSTRUCTION.
IF I CAN BE OF ANY ASSISTANCE, PLEASE DO NOT HESITATE TO CALL ME
ANYTIME AND I WILL BE GLAD TO DO WHAT I CAN.
THANK YOU FOR ASSISTANCE,
DAVID R MURPHY
PH. 828-837-3795
2 0 0 5 2 1 4 0
5
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Nov ? 5 Zoos
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IDS AND ST E'j?omhjs

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
kru any parucuiar item is not appucaoie to tors project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Che 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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Alm
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a No Coastal Management Area of
Environmental Concern (see the top 1s), c
H. Applicant Information DEC 1 2005 U 2005
DENR. WATER QUALITY
DS AND STORMWATER BRANCH N ? 1 5 UALI
1. Owner/Applicant Information WETLAN
yVE11MDSR - wZio.. QUALITY
Name: v/ D r-
Mailing Address: P0. An' 1033 ??'nl-?? nI C, 2b'gJto "
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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the landmarks such as towns, rivers, and roads. Also provide a detailed site
local
boundaries and development plans in relation to surrounding property properties. Both with the vicirespectntoity ma
and site plan must include a 'scale and north arrow. The specific plan showing property
footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible th p
include the appropriate USGS Topographic Quad Map and
plans should
MRCS Soil e Survey maps and with the property
boundaries outlined. Plan drawings, or other maps may be included at the
so long as the property is clearly defined. For administrative and distribution pu discretion,
USACE requires information to be submitted on sheets no larger than rposes, the
however, DWQ may accept paperwork of any size. Dtiy 11 by y 17-inch 17-inch format;
drawings rather than a sequential sheet version of the full-size Tans.
reduced to a small scale such that the final version Q prefers full-size construction
ll- plans are
the project has been placed on hold until dec pherable maps arethe provided. besinformed that
maps ar.
1. Name of project:_ Ao o,,4_ „
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): S S (? 1 OC 3 S Z D c7 c"7
4. Location
County: .-
Subdivision name (include phase/lot number): Nearest Town:
Directions to site (include road numbers/names, landmarks, etc.):
lAluJe 1, D` / . S? .r?' c7 -c = ^ rsi?
5. Site coordinates (For linear projects, such as a road or utility line attac
separately lists the coordinates for each crossing of a distinct waterbody.) h a sheet that
Decimal Degrees (6 digits minimum): '
°N °W
6. Property size (acres): SG y
7.
8
9
Name of nearest receiving body of water:
River Basin:
k' r c
(Note - this must be one of North Carolina's seventeen designated major river b
River Basin map is available at http:/12o.enr state nc us/admin/maps/.) Ins.
Describe the existing conditions on the site and
at the time of this application: w o nd_r J___
Page 6 of 12
The
land use in the vicinity of the project
10. Describe the overall project in detail, including the type of equipment to be used: inL ? !o?
ca.i vzr+ nt,Jd Bak bd i-o rGLO t%?! D ?uC1A.tla /?,•? rl ©vrm/ ? A o r r -I-
11. Explain the purpose of the proposed work:_ a v l 9,-f
fo clt<: all/,??,
v
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. N,14
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: !(1ZA
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include,
mechanized clearing, grading, fill, excavation, flooding, ditchin?d a but mge,are etc. not For limited dams,
to
se aratel list impacts due to both structure and flood
in .
;(d land Impact
e Number p Type of Wetland Located within Distance to Area of
Type of Im act 1
cate on map) (e .g., forested, marsh 00-year Nearest
herbaceous, bog etc.) Floodplain Stream Impact
(ves/nnl /I.*---- (acres)
Total Wetland Impact
3. List the total acreage (estimated) of all existing wetlands on the ro
4. Individually list all intermittent and perennial stream impacts. P Perty.
impacts. Stream impacts include, but are not limited to placement re to identify temporary
construction, flooding, relocation, stabilization activities e, of fill or culverts, dam
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation
Plans and profiles showing the linear footprint for both the original and relocated steams
must be included. To calculate acrea e, multi 1 len X width, then divide b
Stream Impact
Number Stream Name 43,560.
ndite on ma Type of Impact Perennial or Average Impact Area of
Intermittent? Stream Width Length Impact
Before I act linear feet
?) acres
yea ; ,fi?? •7 An
Total Stream impact (by length and acreage)
5. Individually list all open water impacts (including lakes, onds e
Ocean and any other water of the U.S.. P , stuaries, sounds, Atlantic
fill, excavation, dred in ,floodin , drainage, bulldieads?net?cts include, but are not limited to
pen Water Impact
Site Number Name of Waterbody
indicate on ma (if applicable TYPe of Impact act Type of Waterbody Area of
P (lake, pond, estuary, sound, bay,
Impact
ocean, etc. (acres)
Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): v
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes NNo
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation 14
If construction of 1a 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.):
Current land use in the vicinity of the pond:
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. iocorpor- {r HMP s
own /1S z- Dr rrvs/o" c'o&,Ird dc?i'rec i`_e. <rdiwieAl- d- S"It Check
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
Permits, Published in the Federal Register on January 15, 2002, mitigation will of Nationwide
required when
necessary to ensure that adverse effects to the aquatic environment are minimal.
including size and type of proposed impact and function and relative value obef the impacted
aquatic resource will be considered in determining acceptability Factors
mitigation as proposed. Examples of mitigation that may be appropriate and aract
iridcab practicable
include,
but are not limited to: reducing the size of the project; establishing and maintaining gwetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed. losses of
If mitigation is required for this project, a copy of on for USACE or DWQ to consider the applic tiontcompl tetlfor plr cessin be attached in order
lacking a required mitigation plan or NCEEP concurrence shall be pl as
aced on hold as application
An applicant may also choose to review the current incomplete.
Draft Technical guidelines for stream restoration in DWQ's
htt ://h2o.em-_state.nc.u
Guide for s/ncwetlands/sttrma de.htmlrk in North Carolina, available at
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 directio
ns
and/or map, if offsite), affected stream and river basin, type and amount (acrea e/linear
feet)
of mitigation proposed (restoration) enhancement, creation, or preservation), a plan g
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), ), and view,
description of the current site conditions and proposed method of construction. Please a
a separate sheet if more space is needed. ttach
2• Mitigation may also be made by payment
Program y P yment into the North Carolina Ecosystem Enhancement
(NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicati
that they are will to accept payment for the mitigation must be attached to this form. g
additional information regarding the application process f F
or the NCEEP c or
heck the NCEEP
website at http:1/h2o.enr state nc usi;,,adCx hrm. If use of the NCEEP,is proposed lease
check the appropriate box on page five and provide the following information: P
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)
1. Does the project involve an expenditure of public (federal/st a/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffe Requirements), or other (please
identify )? Yes ? No F
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multinliem
Zone* Impact Required
s uare feet Multiplier Mitigation
1 3 (2 for Catawba)
2 1.5
Total I I
* Zone i extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
Page I 1 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20% lease
demonstrating total proposed impervious level. ro p provide calculations
1?'t I r1 C L, l i t) E1 t 7 C PrJ ' t' C e• r ? 1't Dv cle
XII. Sewage Disposal (required by DWQ) N) /1
f"I
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.
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in addi 'onal
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
>?://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficient)
construction dates to allow processing time for these permits. Ho ever,aan appliocant smay
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
T
hreatened Species, accessibility problems, or other issues outside of the applicant's control).
------------

Applicant/Agent's nature
(Agent's signature is valid only if an authorization letter from the applicant its provided.)
Page 12 of 12

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THE FOLLOWING APPLICATION IS BEING SUMMITTED FOR REVIEW.
THE PURPOSE IS AN ATTEMPT TO RECOVER THE PASTURE LAND THAT
WAS LOST WHEN CONSTRUCTION OF HWY 64 BYPASS IN MURPHY, NC
BEGAN.
IT WILL ALSO ALLOW ACCESS TO ANOTHER DWELLING OWNED BY MY
BROTHER AND HIS FAMILY.
THE AREA IN RED IS THE US 64 ROUTE NOW UNDER CONSTRUCTION.
IF I CAN BE OF ANY ASSISTANCE, PLEASE DO NOT HESITATE TO CALL ME
ANYTIME AND I WILL BE GLAD TO DO WHAT I CAN.
THANK YOU FOR ASSISTANCE,
?.? .?
DAVID R MURPHY
PH. 828-837-3795
F
?i
Q???oe9 1
DEC 1 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
ki, any pdwcutar item is not appucaoie to uus project, please enter -iMt Appucaote" or -N/A".)
I. Processing
1. Che 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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: AW 3J
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for f niher details), chec o :
RR 17*11 [2
H. Applicant Information `? ??? D P
=ft0wP-
DEC 1 2005 NOV 1 5 2OU5
1. Owner/A plicant Information DENR -WATER QUALITY
Marne: v? ,,.r DENR - WATER QUALITY WE CH
Mailing Address: P0. 03' 8 9 J /o
Telephone Number: a0e-&3 -)? 3 2 9.T- 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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the ro erte
landmarks such as towns, rivers, and roads. Also provide a detailed sit
boundaries and development plans in relation to surrounding P p ypl With respect to local
an showing property
and site plan must include a scale and north arrow. The s he peciproperties. Both the vicinity ma
specific footprint
Both of all buildings,
impervious surfaces, or other facilities must be included. If possible the map
include the appropriate USGS Topographic , maps and plans should
Quad P and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps aay be included at the applant's so long as the property is clearly defined. For administrative and d stribu ion purposes, discretion,
USACE requires information to be submitted on sheets no larger than 1 by 1 purposes, the
however, DWQ may accept
1 by 17-inch format;
drawings rather than a sequential sheetk version yofsize.
reduced to a small scale such that the final version Q prefers full-size construction
the full-size
plans. If full-size plans are
the project has been placed on hold until dec pherable maps iaerehapplicant will be informed that
provided.
1 • Name of project:_P,-o,0,_4 . ., , .
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): S S [? 1 O? 3S 8a D c7 c?
4. Location
County: Subdivision name (include phase/lot number) Barest Town:
Directions to site (include road numbers/names, landmarks, etc.): moo,,, ;,
D 4) J_
5. Site coordinates (For linear projects, such as a road or utility line, y o ?
Separately lists the coordinates for each crossing of a distinct w to body.) attach a sheet that
Decimal Degrees (6 digits minimum):
°N °W
6. Property size (acres): ?, SG y)
7. Name of nearest receiving body of water: f¢?tr„,,,
8. River Basl
'
9
n. ,cv c t= 11 (Note - this must be one of North Carolina's seventeen designated major river
River Basin map is available at httR://h2o.enr.,,;tate.nc.us/admin/maps/.) basins.
Describe the existing conditions on the
at the time of this application: won lj
The
and general land use in the vicinity of the project
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: j^j/ fA)) ),;2"
e!M y4,r74 ' at 1%ld GsF?r?C ?J? ic?, re L0 1% P-r ORYI u ' ?nl? G ,? -1 ©P_.-I"I ?- .A? A f r .ice.
..,,.t ya 2c-,O,--
IV.
V.
VI.
11. Explain the purpose of the proposed work: 4o r -e-4,91,
p•¢r?-4 G aN,l ?,?, ,> Ru
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. I/ &t
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.
Proposed Impacts to Waters of the United States/Waters of the State
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
1. Provide a written description of the proposed impacts:
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include
mechanized clearing, grading, fill, excavation, floodin
g but are not limited to
se aratel list im acts due to both structure and floodin , ditching/drainage, etc. For dams
Wetland Impact
Site Number p Type of Wetland Located within Distance to Area of
Type of Im act
(indicate on map) (e.g., forested, marsh 100-year Nearest
herbaceous, bog, etc.) Floodplain Impact
Stream (acres)
es/no (linear feet)
Total Wetland Impact'
3. List the total acreage (estimated) of all existing wetlands on the 4. Individually list all intermittent and perennial stream impacts. property:
Be sure to identify
impacts. Stream impacts include, but are not limited to placement o
temporary
construction, flooding, relocation, stabilization activities (e. f fill or culverts, dam
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation
plans and profiles showing the linear footprint for both the original and relocated streams
Stream Impact , multi 1 len X width, then divide b 43,560.
Number Stream Name
udicate on ma Type of Impact Perennial or Average Impact Area of
Intermittent? Stream Width Length Impact
1 AP#'" Before act linear feet
? acres
.7 P'n
Total Stream Impact (by length and acreage)
?D
5. Individually list all open water impacts (including lakes, ponds est
Ocean and any other water of the U.S.. , uaries, sounds, Atlantic
fill, excavation, dyed in ,fl
Open Water Impact oodin , draina0e, bulkheadsmetccts include, but are not limited to
Site Number Name of Waterbody
indicate on ma (if applicable Type of Im act Type of Waterbody Area of
p (lake, pond, estuary, sound, bay,
Impact
ocean, etc.) (acres)
Total Open Water Impact (acres)
page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): ev tY-
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes [ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of?a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this 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.):
Current land use in the vicinity of the pond:
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. Mcorppr- {,r 13MP _c
G7nU4 /1St Gil' C/c-5/0 Vf COL., Iid de-v,'rec 1'c, crcllwfr.?l 11a<ivv d" S"/f check
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 January 15, 2002, mitigation wi
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
coon and relative value of the
aquatic resource will be considered in determining acceptabili impacted
ty of appropriate
mitigation as proposed. Examples of mitigation that may be appropriate f anand practicable
practicable
but are not limited to: reducing the size of the project; establishing and include,
and/or upland vegetated buffers to protect open waters such as streams; and re
wetland
aquatic resource functions and values by creating, restoring, g enhancing, or maintaining preserving similar
functions and values, preferable in the same watershed. Placing losses of
If mitigation is required for this project, a copy of on plan must be
for USACE or DWQ to consider the applic tiontcompl tetfor processing. Any attached in order
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold incomplete.
An applicant may also choose to review the current ide application
Draft Technical Guide for gu lines for stream restoration in DWQ's
http://h2o.enr state nc Stream
de htmlrk in North Carolina, available at
I • Provide a brief description of the proposed mitigation plan. The description
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 (should provide
of mitigation proposed (restoration, enhancement, creation, or rese coons
feet)
- preservation mechanism e. P rvation), a plan view,
( g•, deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Ple
a separate sheet if more space is needed. ase attach
2• Mitigation may also be made by payment into the North Carolina Ecosystem
ent
Program (NCEEP). Please note it is the applicant's responsibility to contact the Enhancement
at
[phone] to determine availability, and written approval from the NCEEP indiCEE
that they are will to accept payment for the mitigation must be attached to this form catinr
For
additional information regarding the application process for the NCE the NCEEP
website at htt3://h2o.enr.state-nc.us/ /index.htm. If use of the NCEEP?is check
o ed
check the appropriate box on page five and provide the followin info P P Please
g rmation:
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.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/st a/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. 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 ?
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffe Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
s uare feet Mitigation
1 3 (2 for Catawba)
2 1.5
? Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
Page 11 of 12
XI• Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%,
demonstrating total proposed impervious level. rro c r? F Please provide calculations
? rain c ?? l 1 ht ??,-?l ' ? '-??'!! fn?Pplnr c?rt?r? i rt ao? rr
irn
mi. 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.
NM- Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No Pg?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htfi://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
X'. 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).

Applicant/Agent's nature '3 )- 0
Date
(Agent's signature is valid only if an authorization letter from the applicant its
provided.)
Page 12 of 12

550101287393000
.20AC
MURPHY WILLIAM
!i 550101381188000
2.64AC
MURPHY DAVID R & WREN L
fC DS ?.
550101275883000
5.69AC
MURPHY WILLIAM JR
t {?,r1.5}0 r
N
0 200 400

f
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{
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W A T ?9pG

CERTIFIED MAIL
David R. Murphy
PO Box 1033
Murphy, NC 28906
Subject Property: Permitting Fee
Dear Mr. Murphy:
November 15, 2005
Project Name: David R Murphy Property Access
On 11/15105, the Wetlands/401 Unit of the Division of Water Quality received your application and fee payment for a 401
Water Quality Certification approval in Cherokee County, North Carolina. The check for $470.00 was an incorrect fee
amount and is herein enclosed.
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.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely, r
67
Cyndi Karoly
CBK/ljd
Enclosed: PCN Application Copies
Check # 1341 for $470.00
CC: Central Files + check copy
File copy + check copy
David Murphy (Cherokee)_fee retu
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
Coleen H. Sullins, Deputy Director
Division of Water Quality

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
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