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HomeMy WebLinkAbout20060318 Ver 1_COMPLETE FILE_20060227of war F O? 9QC Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources bwa,) Alan W. Klimek, P.E. Director Division of Water Quality April 18, 2006 DWQ Project # 06-0318 Macon County Brian Sanders 194 Crestview Drive Otto, NC 28763 Subject Property: Brian Sanders Property Macon County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Sanders: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 20 linear feet of streams for the purpose of property development at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on February 27, 2006 and subsequent additional information. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, stormwater, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the culverting / damming activities described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet www.ncwateraualitv.orn N?oi?`l,Carolina dvaturallU An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Brian Sanders Property Page 2 of 8 April 18, 2006 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) UT to North Fork Little 20 (feet) Dam for Impoundment Tennessee 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. 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. Brian Sanders Property Page 3 of 8 April 18, 2006 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Stream Stabilization (Final Plan Needed) Before any of the impacts authorized in this Certification are to be completed, you must provide and receive written approval from this Office for a final stream restoration plan for the stream segments above and below the impoundment. The plan must include designs and specifications that meet the definition of stream restoration (or enhancement if no relocation is proposed) according to the latest version of the Internal Technical Guide for Stream Work in North Carolina (available at http://h2o.ehnr.state.nc.us/ncwctlands/stnngide.html). The stream and buffer relocation must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. All streams on the subject property must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. A. Deed Restrictions - Deed restrictions or similar mechanisms shall be placed on the lot to assure compliance with the conditions of this variance approval. These mechanisms shall be put in place prior to impacting any waters or buffers. The Deed Restrictions shall include the following paragraph. "The areas shown on the recorded plat as Riparian Buffer Protection Areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove, or harm any vegetation; nor construct any structures or add any additional impervious surfaces, on such protected areas without written authorization from the Division of Water Quality (DWQ). This covenant is intended to ensure continued compliance with authorizations issued by the State of North Carolina, Division of Water Quality, DWQ Project Number 03-1030, and therefore may be enforced by the State of North Carolina. This restriction 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 as proposed within you application. (25 linear feet from top of bank on both sides of all jurisdictional streams). Brian Sanders Property Page 4 of 8 April 18, 2006 7. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 8. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. 9. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Continuous monitoring by onsite, calibrated, continuous recording, equipment must be performed both upstream and downstream of any instream work. The results of this monitoring must be submitted along with the below required stability monitoring. Additionally, should the results indicate a violation of the turbidity standard, all work shall cease until such a point the measures are implemented to protect surface waters form further violations. 10. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. 11. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at htt12: //h2o. enr. state. nc. us/su/Forms_Docuinents. htm. Brian Sanders Property Page 5 of 8 April 18, 2006 12. Deed Restrictions Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 13. Temporary Fills All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is complete or within 6 months of the establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. 14. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. 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. Brian Sanders Property Page 6 of 8 April 18, 2006 15. Riparian Zone Replanting Replanting of vegetation within disturbed areas located within 25 feet of each streambank associated with any land disturbing activity, repair, replacement and/or maintenance must be done in a manner consistant with the Guidelines for Riparian Buffer Restoration immediately following construction. (Please see attached.) 17. In stream construction and disturbance shall be prohibited within 25 feet of the top of banks except where permitted impacts will occur. 16. Culverts that are less than 48 inches in diameter should be installed with 20% of the diameter of the culvert placed below the level of the stream bottom to allow the accumulation of stream bed materials and to facilitate aquatic life passage during periods of low stream flow. Larger diameter culverts should be placed 1 foot below the stream bottom. Culverts should be placed in the main flow channel (i.e. thalweg). Partial burial of culverts in this manner also may require increasing their size to accommodate flow requirements. 17. If concrete is used during construction (e.g., headwalls), a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts live concrete should not be discharged to surface waters due to the potential for water chemistry change and a fish kill. 18. Rock, sand, or other materials should not be dredged from the stream channels except in the immediate vicinity of the crossings. Instream dredging has severe effects on aquatic life and disturbance of the natural form of the channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the channels adjacent to the crossings should not be modified by widening or changing their depths. 19. Sandbags, flexible pipe, or other diversion structures should be used to avoid excavation in flowing water. Materials used for flow diversions should be removed from the stream bed after completing the construction work. Any diversion channels must be lined with fabric and/or rock. 20. Storm water from roads should be directed to vegetated buffer areas (e.g. level spreaders) or retention basins and not routed directly to streams. Drop inlets on streams must not be constructed. 21. Any riprap placed for inlet or outlet stabilization should be clean and limited to the stream bank below the high water mark and vegetation should be used above. Rip rap must not be placed in stream channels in a manner that obstructs fish passage. 22. All crossings should be constructed as close to perpendicular to the stream channels as possible to minimize stream and buffer disturbance. Road and utility alignments should be set-back as far as possible from stream channels to minimize sedimentation and buffer disturbance. 23. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) should be reestablished upstream and downstream of the stream crossings if it is removed during construction to provide bank stability and shading. We encourage the use of native plants that must be removed from permanently disturbed areas. Brian Sanders Property Page 7 of 8 April 18, 2006 24. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. 25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 26. The remaining lengths of streams and riparian areas on the tract should be protected in either their existing or improved state (i.e. with native vegetation reestablished where absent) in perpetuity from fill, vegetation removal, and other forms of disturbance with deed restrictions or similar instrument. A riparian buffer width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers are recommended to provide more water quality and habitat functions. 27. All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal profile, cross sectional dimension, and pattern) and a monthly report submitted to the Asheville Regional Office within 15 days of the end of each month. 28. Bottomless Culverts must span from high bank to high bank. The digging of footers which change the flow of the stream, or otherwise impact the natural course on the stream are prohibited. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. 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. Brian Sanders Property Page 8 of 8 April 18, 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(2ncmail.net or at 828-296-4657. Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality AWK/khb Enclosures: GC 3402 Certificate of Completion utt APR 2 4 2006 cc: USACE Asheville Regulatory Field Office DENR - WATER QUALITY DWQ 401 Central Office lM1'ETIA111 1,11DSTr?R• AMRBRMcH David McHenry, NC Wildlife Resources Commission Macon County Building Inspections Office File Copy Central Files Filename: 06-0318.BrianSandersProperty.approval Triage Check List Date: 2/28/06 Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 2/24/06 to 4/24/06 From: Cyndi Karoly Telephone: (919) 733-9721 Project Name: Brian Sanders DWQ #:06-0318 County: Macon rr _ 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! FEB 2 7 2006 Office Use Only: DENR-VVil ,c . 1'JETLPNDSAtJDSTGi?Ff?`:Afi??uary 2004 USACE Action ID No. DWQ No. 17 6 0 3 1 8 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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 Q/ 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 14W (L 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 (verify availability with NCEEP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Y 1. Owner/Applicant Information /w Name:_ .._ r-i - N - S Mailing Address: r& 2 T?6 3 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: Fax Number: E-mail Address: 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 frill-size construction drawings rather than a sequential sheet version of the full-size plans. If firll-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: l r+??,? ct ?1?' (?' 2. T.I.P. Project Number, NCMA or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 6 Lf -?- Oki 4. Location County: o(\ Aco Nearest Town: 0Mb Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Lf 1H S ffi"OM F/'7?t k `.- al j t f l fill rc? q 6 ?0 C It A D ? 5' 1'1 d? (_ ?` tq ..l st S i ii f5 c r -st,, 1, c-,5 17r? , o.i PA i w 'o I it A- el Site coordinates (Lat/Long; D/M/S format): (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): T , -) 3 .4c /,&S 7. Nearest body of water (streairdriver/sound/ocean/lake): i??yr?l1 I e r ?\ -`5 I r&(W1 t ?. l? i;rrr 8. River Basin: lz ??Nnl`,SS,-? (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.stite.nc.us/admin/maps/.) X 9. Describe the existing conditions on the site and general land use in the vicinit of the project at the time of this application: Ho W (- + Marc' S h74k I ; r'c'•t?( w ; k, Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: t3 ls' lw\ ?r X !J LL1?vi-T r F s. LZ???' t / `A ? G i o 1 d "? ' it tr i I ?l f l C 1 6 fil c`' 41 r,? °' G J Explain the purpose of the roposed work: r JA ,?r 0 (?? a'lit 10 tlii?' Ctddt?vjFr 10 1-0r a61Gi??D,1c??) A rrt n l' t a A N n? .9 c? _ vI G1 ?l (f 4 t a, 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 ?C the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued pennits, 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. -A cr; dr r?T?v1i1' - C Cr ` ? COf(V1 n V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, X and provide justification for the exclusion of this work from the current application. h d .? 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. X15, Pagc 7 of 12 1. Provide a written description of the proposed impacts: 1 ?. Gl( I Individually list wetland impacts below: N Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** List Oac uupact acpawiuty and iucnury Temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, 611, 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 (FEN1A) Flood Insurance Rate Maps (FIRM), or FENIA-app roved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) ' Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact ! Perennial or Intermittent? (please specify) )) 1Gl ? 1 r IV l w?? I•NOVN/A(i 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.us,s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapqucst.corn, etc.). f., 1 Cumulative impacts (linear distance in feet) to all streams on site: .L (J Page 8 of 12 4. Individually list all open water impacts (including lakes, pond, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Type of Waterbod Site Number Type of Impact* Impact Name of Waterbody Y (indicate on ma) (if applicable) (lake, pond, estuary, sound, (acres) bay, ocean, etc.) * List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredgir 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 w t n '(Tation, 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 const tc ion to reduce im acts. r t.t< <l I' U F S ?I ?v t c L-1 l? c-r 1 J S' i iJt\C U C j 41 Ll G CA LI !.\ (,1 YI (? i^1 o l? n„ L3 c17`Lf n,f L 1- T 4-' i 2 VIII. Mitibation S r?-q ?1 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 . `A A. USACE - In accordance with the Final Notice of Issuance and Nlodification of Nationwide Permits. published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP 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:/ih2o.ciir.state.ne.us/iicwetiands/sti-mgide.hti-nl. 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. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP 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 NCEEP, check the NCEEP website at http://www.nceep.net . If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): _ Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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) 733-5033 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 mast 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 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify 1,4 Yes ? No ? If you answered "yes", ) y provide t e 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 (s uare feet /acres) Multiplier Required Mitit,ation 1 3 1/1 1.5 Total -11c ' -Eenas out su tcet perpendicular from rear bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. Page I t of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement. Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0212 or .0260. XI. Stormwater (required by DWQ) X 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 propert Ci? Gi 5 ., i Z Fc G1.5 ?ti_ v? ?I r&Cf 1, 0,15 1-0 J ?? Y.1 i ci C , o n 0 -- i` tl 4 10 Ci `I + A 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. XIII. Violations (required by DWQ) Is this site in. v Iation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes j? No ? Is this an aft r- he-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 r' 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). „{- W at 1, G, LU d / f 'T l W h 1 i W ?k Y?'I'1 n ai G,'i C7 ; t,1 c di r1( C ?(G1+?1 3, 00 rp; Applicant/Agent's Signature ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ID 1???? r FEB 2 7 2006 1 [04R - WATER QUALITY i',,ETLtJZ3 tJ M gopI ?ti IATER BRM"CH Office Use Only: Form Version February 2004 iISACE Action ID No. DbVQ No " , 0 3 ' 8 No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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 571 P-J 2. Nationwide, Regional or General Permit Number(s) Requested: ,T W ( Z 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 (verify availability with NCEEP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name:_ f_? /'i ck6 t;'O,0 Mailing Address: 1911- * ? 63 Telephone Number: 3 - G .Z 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 slowing 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 Nlap 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 fiill-size construction drawings rather than a sequential sheet version of the full-size plans. If fiill-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. `( 1. Name of project:__ S _A,- (_-e ?l 2. T.I.P. Project Number, NCMA or State Project Number (NCDOT Only): X 3. Property Identification Number (Tax PIN): 0P1 l 0, ,c( ) 110 4. Location County: (V`A(_0 A) Nearest Town: O T M Subdivision naive (include phase/lot number): _ X Directions to site (include road numbers, landmarks, etc.): t 0,1 s ?14112 6 Pill g 0 f-0 4?-°t_A 6P f4l ".s i o hi c 9 t 5 f `C 0 Un , 11 o t s (- o ?i itt w &_V1 ytiiolJ CFcf 5. Site coordinates (Lat/Long; D/Nl/S format): (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): 1 3 +ic 1-4-S 7. Nearest body of water (streacn/river/sound/ocean/lake): i? orf l1 T a (?\ Ar&A,n +0 8. River Basin: _ yqz 1zN?1`,ssZt (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/.) X 9. Describe the existing conditions on the site and general land use in the vicinit of the project at the time of this application: ?>!U G{S (- ,t ?Ic1ft? S iwA ?? ??d3.,?? u ; t! l? 4-,, Page 6 of 12 i 10. Describe the overall project in detail, including the type of equipment to be used: l '\ ' r j{ U L L1 ti f-l ! .S A 6 No , d `1 vi1 l% i ' cl I l L b t? 6"lt ,-,: L b J It. Explain the purpose of the roposed work: P J AJ 1 0 ??9tt c L4 L? r t'1 1'J! f c( G1 G i I1 e,?c? ?J ?I ct i c1 J. c? L1 o f t G? v1 1 JL? Cl vI q ?1 F p d IV. Prior Project History If jurisdictional detenninations and/or pen-nits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include jC 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. LL of 0.1? lillp„? o i- Ck4r, dr r-/-"I?"? ? rr f% C i cc??r b,? V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, x 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and mast be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation snap, 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. ths, Pagc 7 of 12 X 1. Provide a written description of the proposed impacts; 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** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * . : _I- -13 ,..,,,.l -IPUu t acPataiciy and iucnury temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, till, 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 FEivIA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www. fema.oov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property:_ Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: N Stream Impact Site Number (indicate on map) ' Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (pleasespecify) `f- 6- -i b •1G 1?1 d t V i vwX Y " I'Q6NNIA6, List each impact separately and identity 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.eov. Several internet sites also allow direct download and printing of USGS maps www.topozone.com, www.mapduest.corn, etc.). 20 Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponc_, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Upon water Impact Site Number Type of impact* (indicate on ma) Area of impact (acres) Name of lVaterbody (it applicable) , * r: - - -- r?-• P-1 y u„u iucnury icmporary impacts. Impacts include, but are not limi Hooding, drainage, bulkheads, etc. Type of waterbody (lake, pond, estuary, sound, bav, ocean, etc.) to: till, excavation, dredging, 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., dan-Vembankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock w t in 'gation, 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 const J,on to reduce impacts. W r t.u 6k I ' v - f' Fl(cl ?i '1r' v 14 t C C-1 I ? c-f s n V t l ct ?, C CA , ?'1 L,/ n L f i `r' L d t L') 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 Nlodification of Nationwide Permits, published in the Federal Re27ister on ivlarch 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacin- 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 NCEEP 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.eiir.state.nc.tis/iicwetlands/stimRide.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. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP 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 NCEEP, check the NCEEP website at http://www.nceep.net . If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) fiends or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .02 - (Randleman Rules and Water Supply Buffer Requirements), or other (please identify p Yes ? No ? If you answered "yes", provide t e 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 (s uare feet /acres) Multiplier Required Mitigation 1 3 2 IAT 1.5 Total ?- enw Gu. w rcet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I t of 12 I t 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 Pa,vnent into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .022 or .0260. XI. Stormwater (required by DWQ) X 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. ) c; c ti 1 S +f\ C E _'Q n 0 `f _ `!` 6 r'_ 10( G Gl ?I ?.. (t o a- , } a 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. VIII. Violations (required by DWQ) Is this site in 'olation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? YesX No ? Is this an aft r- he-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 &cies,? accessibility problems, or other issues outside of the applicant's control). ctV«c1t T 1w\ FfM, w' t? o l ( r ' l(A ?1 00 5 '4? ,(- /"9 r Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12