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HomeMy WebLinkAbout20061799 Ver 1_COMPLETE FILE_20061115?QF W A r4S Q Michael F. Easley, Governor William G. Ross Jr., Secretary \O G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director -=1 Division of Water Quality - Y DWQ Project No.: O k-9-2-6 County: Applicant: 17z L L v e r A a r? Project Name: S° .- .x w « L [ 'R Date of Issuance of 401 Water Quality Certification ws,EAer 01-x( 2.- 15 - 7. pia 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Corti; cation 1, Rx L_ ,, e r 4 a, r + , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the app ved plans d specifications, and other supporting materials. Signature: PQt,?l /(/ . - Date: I -, "] a U Q r 7 Agent's Certification 1, W o r, 1--, A n d e r ?i o n , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ..t.? Date: Z,4n?- -4 a t If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date n NCDEN'l North Carolina 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) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ 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 Paul R. Everhart David B. Ray 275 Ridge Road Lake Lure, NC 28776 December 15, 2006. Subject Property: 275 Ridge Road Seawall Reapir I'lg9 DWQ Project # 0648-2fa Rutherford County Rpm I P, 0 \ F.14 DEC 2 2 2006 DENR - WATER QUhUTY V&TtANDS AND STORMWATER BRANCH Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Everhart and Mr. Ray: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 16.5 linear feet of shoreline for the purpose of seawall repair at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on November 15, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3492 (GC3492). The Certification(s) allows you to use Permit(s) GP30 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, 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 purpose that you 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.ncwaterguality.org NorthCarolina 1Vatu'ra!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ~? Proms O.,b W c..onp ?,cZ. 1. Impacts Approved Everhart and Ray Page 2 of 5 December 15, 2006 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 Plan Location or Reference Approved Units Shoreline 116.5 (linear feet) A - Seawall Repair 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. Everhart and Ray Page 3 of 5 December 15, 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. Concrete No live concrete shall be allowed to come into contact with surface waters. Uncured concrete must not contact water since this can kill aquatic life. 7. Rip-rap added for Aquatic Habitat Large quarry (class 11 or larger or similar angular stone that is free of sediment and other contaminants should be placed at the toe of the affected wall to improve stability and provide some aquatic habitat complexity along the shoreline. 8. Heavy Equipment Heavy equipment should be operated from the bank whenever possible. 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. Equipment used in stream channel must be clean, new or low hour equipment. 9. 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 being discharged. 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. Everhart and Ray Page 4 of 5 December 15, 2006 10. Trout Buffer The trout buffer shall be re-established to a distance of 25 feet from the edge of the shoreline in accordance with the Guidelines for Riparian Buffer Restoration. 11. No Impacts Beyond those in Application 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. 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. 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. Everhart and Ray Page 5 of 5 December 15, 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 contact Mr. Kevin Barnett in the DWQ Asheville Regional Office at either Kevin. Barnett(a?ncmail.net or at 828-296-4657. Sincerely, AW K/khb U Alan W. Klimek, P.E., DirectoZ?r Division of Water Quality Enclosures: GC 3492 Certificate of Completion cc: USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 06-1799. Everhart&Ray.WQ3492.ApprovaI Triage Check List Date: 12/06/06 Project Name: Everhart & Ray: Seawall DWQ #:06-1799 County: Rutherford Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 12/04/06 to 2/02/07 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! of \NATFq Michael F. Easley, Governor William G. Ross Jr., Secretary 1- North Carolina Department of Environment and Natural Resources \,? z Alan W. Klimek, P.E. Director Division of Water Quality November 20, 2006 DWQ Project # 06-1799 Rutherford County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Paul R. Everhart 275 Ridge Road Lake Lure, North Carolina 28746 Subject Property: Seawall Permit Type CL T 1 b ?1 W ?Q 3 a ® REQUEST FOR MORE INFORMATION ' t 06 ? PERMITTING FEE MISSING/INCORRECT ? RETURN OF APPLICATION PACKAGE Dear Mr. Everhart: I On November 15, 2006, the Division of Water Quality (DWQ) received your application for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by I SA NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: ® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. ? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project. ? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). ? Water Body information not stated. See III Project Information, Item 7. ?! Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts. DWQ is unable to review this project without noted or corrected impacts reflected. 401 Oversight/Express Review Permitting Unit No??hCarolina 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 r/VlT?lrrll!!If 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: !L"p://h2o.enr.state nc us/ncwetlands u NC DENR-Division of Water Quality Wetlands and Stormwater Branch 1650 Mail Service Center Raleigh, NC 27699-1650 V vi 0 ?n??-& v 6 -- / -? 9 I p' Enclosed you will find a copy of your letter of request, five copies of the additional information you requested, and my check for $200 with the DWQ project number on its face. You requested that I call the Asheville Field Office of USACE to learn the permit number they intend to use. I spoke with Debbie Miller (828-271-7980, ext.228), and she said they would use the following number: NATIONWIDE 3. Sincerely, Paul R. Everhart ! I / 300 PO le, ?' l C q Office Use Only: Form Version March 05 20061799 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: X 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 •v W 3 2. Nationwide, Regional or General Permit Number(s) Requested: 1?.1 : 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 further details), check here: 2 6? V `J D II. Applicant Information NOV 1 5 2006 1. Owner/Applicant Information \ j? DENR -WATER QUALITY Name: I? j'L -i L `` . ;l f k 4' t, . RVE4?M1E15AN0 SMWWATER BRANCH Mailing Address: -1 7 .?;_ R , c? (', .4y Q z ..r Telephone Number: S- }-) 6 :,L 0 Y tom' 4 Fax Number: E-mail Address: L V tt- nD <: I I o u- H_ t- 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: 1? ,E? J,?? ' Ill., - a,, I I X t 7 age of'12 2 7.5 ? 06cyc_ ?v-rc.?/ III. Project Information C0-f\ ,'4 r "c t, an I Lan 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 l I by 17-inch 'format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: .W C?f*-' r_ r o n it :5 &- a we,?_ L L f R a i r" c Cceie '2?'Y"¢+r+(csf?em?*1?'t? trl? r-r- r?h.3C ?n)`y 1 Sv !/ c' Os04rI 2. T.I.P. Proict Number or State Project Number (NCDR Only): 3. Property Identification Number (Tax PIN): I b L. 7 o 3 L? 4. Location County: ? k e y r el Nearest Town: L K k Lc-k Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): r3 a f I c 11 l s' PV rnii?5 L??.uLz?'t ?Tn un Y• rS ?? ? tno? 2I? v rvc•W .? • t'k br e.,,n kc 't!.eas unct' S.P.w er .34, R:dy c., e-P•4 ? 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): S Yg ' 3 'o " += °N °W ? 6. Property size (acres): b v ?,FA , y e H, a n o_ ce c r 7. Name of nearest receiving body of water: L cam. ?.Q L Lt r 8. River Basin: *13 [- 0 a el R +' y e- r- (Note - this must be one of North Carolina's. seventeen designated major river basins. The River Basin map is available at http•//l12o.enr.state.nc.iis/adniln/naps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: S o ( _ rg ? ; e n h A, n Y Si? a w4 11 i,;as / JIzd wIfk co.. reTP C+t? i ex D i h Par- ( 101°1, 1, k ,e n ;x K-e I S• L a w 'z r e h h 2 T_n r-e-9-G4 i t G' 1' Se-,A ../?t LL b re_G.Gn brev.(.A ROte J b y o;-u/i-er 3 Feb. Z0c; . N0 det-ic+a-bti_, rrr S:e,1 %n+c L.eL Lur- 7.nGe- Ire. QrLc r ek rnc{ 5 e6L6: /&c.(l oc r O_ Lt 2 C1 0?O Page 6 of 12 jy to i n? C r c '-? r 't ct,.:: S z c: ?: ?. ( 4?4 cc ?,,. A `VI -4k? 6a n ?? 1 v? ?> ;,? ?' . CL et , ,? 4- 10. Describe the overall project in detail, including the type of equipment to be used: k-? h e n LG._1?1-e Le ? e ! i s L a i? e,-..z ?l •cc n cf e X +e ? F tea c h ?' s ( :? -4 r 4 r m n Q cC , c o n c r $ f -e r e pit r tt' .l ii (' y' 11. Explain the purpose of the proposed work: o r n-. P t- e v P , ' 1^ S?)I _PrCn ? 4 + o Ln.K, ure a s? n ci C C r, ,r r -e h 9 'h c So i_ y C IV. Prior Project History i V. 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. O NE 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. .I\J o 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: ?o n i ?t L -e- r- c? o n h c u (-?e :Pr- c p Y- + -, i of v %.ti t -,e n 4-' Lakes L?tr-I- - ...:h r n 11 , C 4:-? x 0 ,i I J (? S S c? any r- Y r . j i' .z .? r 1 yh -e I '} I r .? ?' ,, e'r'c C.-11 Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) C? Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N 0 N L- 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multi 1 length X width, then divide b 43 560. S Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact f Impact Length linear feet Area of Impact (acres) N0N Total Stream Impact (by length and acreage) 1 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding. drainage. bulkheads. etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of impact (acres) r s -is L u Z L? r e- ria" Total Open Water Impact (acres) % ?Cr Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Imp act (acres): Wetland Impact (acres): Open Water Impact (acres): acres Total Impact to Waters of the U.S. (acres) s- a Total Stream Impact (linear feet): 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 No N 5 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. 'TA e- r v 1 I cc ?2 s s* a ; L k 2 A ' % J 4- h -e 5 -e m vii , 11 L.j A S L! P ? v -s? .' c ., ., 1 ? . , &'t0 ?'r??7??C•o 1 5 'do a n e c V I LeLf ?4 S 4?.t w it / i r e D a r' r VIII. Mitigation I /c acr f- 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 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 Iittp://h2o.enr.state.nc.us!ncwetlands/strinuide.htm I. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. J? .w;, n ; ,YAd rostor -et eac? LL fi? 1rm.y? ??-4 a-4 r• u ?%. c r -t t -e t,- cA.11 0 n v ?+ .- r- -? ?• c?. , ,., ? ' ,-., 1 :, 1C E' j- r o ?, ' ? 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement * ? i Program (NCEEP). Please note it is the applicant's responsibility to contact the itCE l' at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the I\!CEEP website at 11UD:. 112o.enr.state.nc.us%« rp/inde?.:.htn?. If use of the NCEEP is proposed., please check the appropriate box on page five 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) 1. Does the project involve an expenditure of public (federal/state/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)? v 0 N ?r, 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 ? 3 If yes, has the document review been finalized by the State Clearinghouse? If so, please ?J ?V E attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 2. 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 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 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 (square feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * 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 ofZone 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%, please provide calculations demonstrating total proposed impervious level. R e c e. ,2 ( k c Z 1 i n s -f' o/ I n"t c^ ? [Y L _0 r1 [' ! C -e. S - G. y: c1 (I -h o L ¢ (- a YN d 1 n ?? e r + A -2 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. )ML Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No R 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 E- 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 littn•Hli2o enr state.nc.us/nc\vetlands. If no, please provide a short narrative description: XV. 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). C- o h C r .t le, LV (t h c G t, r e C r t L?.c S f` h t k Q C -,P- L- rZ ?^` L-e % e `. ? r a ! ? -e c yy1 ct r L 4";1 ,? c r c T C. o l, h_e ` f J- a... 3 c: -0 -7 ApplicanttAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ,WebGIS.net :: •••?• ?" WebGIS.net Rutherford County, North Carolina quicksearch Parcels: Record Details Tax PIN: 1627038 000 - ?? GPIN: 06432090478S0 ? tslrtt , Account No.: 15124079 abo? Owners Hamel : EVERHART PAUL R \ y ' Owners Name2: RAY DAVID B afatl8 Addrewl: 275 RIDGE RD tatt Addraas2: j 223M City: LAKE LURE State: NC 1427Ma 21btta Zip: 28746 Property Address: 275 RIDGE RD ACAS: 0.00 tatm3r r AC_DEED: 0.00 231170 CALL ACRE: 1.22 No. of Bldgs: 9 27ttM Deed Bk/Po: 765/419 to» t 1630M Land Value: 139100 Bldg. Value: 94900 Defr. Value: 0 Total Value: 234000 Sale Price: 0 Neighborhood Code: V318 Neighborhood Desc.: LAKE VIEW Property Desc.: RES LAKE DRIVE Zoning. Map/Blk/lot 500 1 107 Nbr Land Seg.: 2 Stamps: Land Use: Township Code: 02 Exempttro: Exempt_amt 0 Flood Plain: N St_nbr. 275 St_dir. St_name: RIDGE St_suffix: RD Apt_nbr. ". > r :•'r :.., a nJ?,.. .r ..r. ?.:m r- ".a r.Car r,;. http://quicksearch.webgis.net/details.php?site=nc_rutherford co&id=1627038&lid=parce... 11/10/2006 f LO °D W `o, - O O ??l O M Ki in N 25.58 co \ ? r- :2 N n M 3 w U-) 5 °- ,J ?,d 6 A- ES m m Z , LLJ w ? . W *? _ N NM NN co N Z z 0 ? 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Q? u i ? i Z X v? ? . ?? ???a,.t- t ?,a.t-?.-c.'L/? .r??? ?2c,?.?'t-?.?L• i 1,G?3-?., ??e,°G? - ?.-j ?(j'Lr ?Vi.•t ?l i.'?"UY?W ?. /?i'.?iCGLG• tiv-C?. G? 6 n .. (.??'l.' !L•1.?: • ??1r? . /-.K.L:'1rti6"?rir'h•i6"'.? ? /'?st.i?? ./` (.?"Z?"L? .t'', C a. ?. ?. `? ???- -?-t'` try '1?(''?i.•l.-? ?i CC it t...?-FL ?1--OZ?.? ?v'Li.-YL 6r..•.s( :r7L.. y?? V-L LJ'? G'"'Li•>?. G2.-."? d.i-`,L-??';i, v, y'LL') L ?-c.-L,L?.:,.-,? C`'?'?:... !?'L::-C{ j lTy/ ?aC ?L`6V ? ??3.-s? r t/•?.• ?'C.? etc G'2?7•t-. lf?-?yr--L%-.L 21 ..,[. ?-?-G,l-n?.?-??.E G?.??7C? ? C-?ti.?iC?,?LL.??.-?•c+ti.? ? ,i.-V:L-?+-=? ,GY?? I X I ?j ?Oe.,? lL'L 1 Gz. ??Llyv?-( r F3? s .v-r 1. C . I' 1 , ,.L??J??"t,S?(, i.-C-?1 i? (?. y`, C' ? tvLi.? :1.i.? `+:-? ?u Ck..-L`-'L"'Z----fit IL Jf I rr- i"LLC .( b., ? ( &4.; -,t ti L L-1 C7.. L- L.F-L i (f'?L U-( ,5 ? ?-u-ti-•..?.,E?-6c.--,u?.. ?.-??-Y.... +- ?:..) L'-0?--ri.?'?,,??. ?t 11- L -?j?'-G? L-i v . Lr_ K? t Q.. -: ? lnl ?.:.'?. v''t' '?• `- d? ?-'C"? ` t?.+ -c. y r ?• d C,. f ?OF W ATF9Q Michael F. Easley, Governor ?O G William G. Ross Jr„ Secretary Vj r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Divisi, of Water Quality November 20, 2006 DWQ Project # 06-1799 Rutherford County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Paul R. Everhart 275 Ridge Road Lake Lure, North Carolina 28746 Subject Property: Seawall Permit Type ® REQUEST FOR MORE INFORMATION ? PERMITTING FEE MISSING/INCORRECT ? RETURN OF APPLICATION PACKAGE Dear Mr. Everhart: On November 15, 2006, the Division of Water Quality (DWQ) received your application for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: ® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. ? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project. ? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). ? Water Body information not stated. See III Project Information, Item 7. ? Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts. DWQ is unable to review this project without noted or corrected impacts reflected. the Carolina 401 Oversight/Express Review Permitting Unit urally 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: ham://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper ? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications, f6 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. ? Incorrect permitting fee amount. Please see above item. Your check # for $ is herein enclosed for fee correction. DWQ does not retain any payment unless it is in the correct amount. ? A request for a modification of an issued permit requires re-submission of five (5) application sets and appropriate fee. We have herein returned your modification request. ? Application was missing pages or sections of information. See Other section below. ® OTHER: Please resubmit the fee after getting in touch with the US Army Corps of Engineers. Asheville Regulatory Field Office: (828) 271-7980. DWQ has returned your fee until the permit type is determined. Please write the DWQ # on the face of your check and any future correspondence. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project,.: and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, ? C? . X Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ljd Enclosure: Check # 1583 for $200. cc: USACE, Asheville Regulatory Field Office Kevin Barnett, DWQ Asheville Regional Office File Copy + check copy Central Files + check copy Filename: 061799PaulEverhart(Rutherford)_Hold_PerrnitType - PAUL EVERHART i DAVID RAY 1583 i 275 Ridge Rd Lake Lure, NC 28746 y/ y // 67-219/539 /'? / i {/ b BRANCH 1426 - < PAY TO N C l?,t - HEOPvERO? ul-?, v-4TC . -: UQ-R ,4 Q ,Q $ j 00. c . - - " t :._`-?'-':-" - - - -' CAROiJNAFIRST I LAKE LURE, NC 28748 I FOR <?Tn? ?? . - ?? e S y I JJ / ` i ?C /VY . ____ _ _- V __- nm ':053902L971:81022?7106ii' X583 -_`- -. .. . . .. _ w. a.n . :. .. _ :> ;.., .: .. ,. :. .. -.' , ;. . -? . . . . I --- - -- .- - -- - ... - :-- . . ?.. .. . . . . .. . , - ., . - . - I . -- - - I-,--- - -- .--- 7-...-.--- --k-, , - . .'? .1 ... -? -. I ? I '' ? .. ?. - " '. ? . u NC DENR-Division of Water Quality Wetlands and Stormwater Branch 1650 Mail Service Center Raleigh, NC 27699-1650 V vi 0 ?n??-& v 6 -- / -? 9 I p' Enclosed you will find a copy of your letter of request, five copies of the additional information you requested, and my check for $200 with the DWQ project number on its face. You requested that I call the Asheville Field Office of USACE to learn the permit number they intend to use. I spoke with Debbie Miller (828-271-7980, ext.228), and she said they would use the following number: NATIONWIDE 3. Sincerely, Paul R. Everhart ! I / 300 PO le, ?' l C q Office Use Only: Form Version March 05 20061799 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: X 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 •v W 3 2. Nationwide, Regional or General Permit Number(s) Requested: 1?.1 : 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 further details), check here: 2 6? V `J D II. Applicant Information NOV 1 5 2006 1. Owner/Applicant Information \ j? DENR -WATER QUALITY Name: I? j'L -i L `` . ;l f k 4' t, . RVE4?M1E15AN0 SMWWATER BRANCH Mailing Address: -1 7 .?;_ R , c? (', .4y Q z ..r Telephone Number: S- }-) 6 :,L 0 Y tom' 4 Fax Number: E-mail Address: L V tt- nD <: I I o u- H_ t- 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: 1? ,E? J,?? ' Ill., - a,, I I X t 7 age of'12 2 7.5 ? 06cyc_ ?v-rc.?/ III. Project Information C0-f\ ,'4 r "c t, an I Lan 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 l I by 17-inch 'format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: .W C?f*-' r_ r o n it :5 &- a we,?_ L L f R a i r" c Cceie '2?'Y"¢+r+(csf?em?*1?'t? trl? r-r- r?h.3C ?n)`y 1 Sv !/ c' Os04rI 2. T.I.P. Proict Number or State Project Number (NCDR Only): 3. Property Identification Number (Tax PIN): I b L. 7 o 3 L? 4. Location County: ? k e y r el Nearest Town: L K k Lc-k Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): r3 a f I c 11 l s' PV rnii?5 L??.uLz?'t ?Tn un Y• rS ?? ? tno? 2I? v rvc•W .? • t'k br e.,,n kc 't!.eas unct' S.P.w er .34, R:dy c., e-P•4 ? 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): S Yg ' 3 'o " += °N °W ? 6. Property size (acres): b v ?,FA , y e H, a n o_ ce c r 7. Name of nearest receiving body of water: L cam. ?.Q L Lt r 8. River Basin: *13 [- 0 a el R +' y e- r- (Note - this must be one of North Carolina's. seventeen designated major river basins. The River Basin map is available at http•//l12o.enr.state.nc.iis/adniln/naps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: S o ( _ rg ? ; e n h A, n Y Si? a w4 11 i,;as / JIzd wIfk co.. reTP C+t? i ex D i h Par- ( 101°1, 1, k ,e n ;x K-e I S• L a w 'z r e h h 2 T_n r-e-9-G4 i t G' 1' Se-,A ../?t LL b re_G.Gn brev.(.A ROte J b y o;-u/i-er 3 Feb. Z0c; . N0 det-ic+a-bti_, rrr S:e,1 %n+c L.eL Lur- 7.nGe- Ire. QrLc r ek rnc{ 5 e6L6: /&c.(l oc r O_ Lt 2 C1 0?O Page 6 of 12 jy to i n? C r c '-? r 't ct,.:: S z c: ?: ?. ( 4?4 cc ?,,. A `VI -4k? 6a n ?? 1 v? ?> ;,? ?' . CL et , ,? 4- 10. Describe the overall project in detail, including the type of equipment to be used: k-? h e n LG._1?1-e Le ? e ! i s L a i? e,-..z ?l •cc n cf e X +e ? F tea c h ?' s ( :? -4 r 4 r m n Q cC , c o n c r $ f -e r e pit r tt' .l ii (' y' 11. Explain the purpose of the proposed work: o r n-. P t- e v P , ' 1^ S?)I _PrCn ? 4 + o Ln.K, ure a s? n ci C C r, ,r r -e h 9 'h c So i_ y C IV. Prior Project History i V. 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. O NE 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. .I\J o 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: ?o n i ?t L -e- r- c? o n h c u (-?e :Pr- c p Y- + -, i of v %.ti t -,e n 4-' Lakes L?tr-I- - ...:h r n 11 , C 4:-? x 0 ,i I J (? S S c? any r- Y r . j i' .z .? r 1 yh -e I '} I r .? ?' ,, e'r'c C.-11 Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) C? Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N 0 N L- 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multi 1 length X width, then divide b 43 560. S Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact f Impact Length linear feet Area of Impact (acres) N0N Total Stream Impact (by length and acreage) 1 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding. drainage. bulkheads. etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of impact (acres) r s -is L u Z L? r e- ria" Total Open Water Impact (acres) % ?Cr Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Imp act (acres): Wetland Impact (acres): Open Water Impact (acres): acres Total Impact to Waters of the U.S. (acres) s- a Total Stream Impact (linear feet): 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 No N 5 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. 'TA e- r v 1 I cc ?2 s s* a ; L k 2 A ' % J 4- h -e 5 -e m vii , 11 L.j A S L! P ? v -s? .' c ., ., 1 ? . , &'t0 ?'r??7??C•o 1 5 'do a n e c V I LeLf ?4 S 4?.t w it / i r e D a r' r VIII. Mitigation I /c acr f- 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 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 Iittp://h2o.enr.state.nc.us!ncwetlands/strinuide.htm I. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. J? .w;, n ; ,YAd rostor -et eac? LL fi? 1rm.y? ??-4 a-4 r• u ?%. c r -t t -e t,- cA.11 0 n v ?+ .- r- -? ?• c?. , ,., ? ' ,-., 1 :, 1C E' j- r o ?, ' ? 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement * ? i Program (NCEEP). Please note it is the applicant's responsibility to contact the itCE l' at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the I\!CEEP website at 11UD:. 112o.enr.state.nc.us%« rp/inde?.:.htn?. If use of the NCEEP is proposed., please check the appropriate box on page five 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) 1. Does the project involve an expenditure of public (federal/state/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)? v 0 N ?r, 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 ? 3 If yes, has the document review been finalized by the State Clearinghouse? If so, please ?J ?V E attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 2. 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 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 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 (square feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * 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 ofZone 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%, please provide calculations demonstrating total proposed impervious level. R e c e. ,2 ( k c Z 1 i n s -f' o/ I n"t c^ ? [Y L _0 r1 [' ! C -e. S - G. y: c1 (I -h o L ¢ (- a YN d 1 n ?? e r + A -2 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. )ML Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No R 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 E- 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 littn•Hli2o enr state.nc.us/nc\vetlands. If no, please provide a short narrative description: XV. 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). C- o h C r .t le, LV (t h c G t, r e C r t L?.c S f` h t k Q C -,P- L- rZ ?^` L-e % e `. ? r a ! ? -e c yy1 ct r L 4";1 ,? c r c T C. o l, h_e ` f J- a... 3 c: -0 -7 ApplicanttAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ,WebGIS.net :: •••?• ?" WebGIS.net Rutherford County, North Carolina quicksearch Parcels: Record Details Tax PIN: 1627038 000 - ?? GPIN: 06432090478S0 ? tslrtt , Account No.: 15124079 abo? Owners Hamel : EVERHART PAUL R \ y ' Owners Name2: RAY DAVID B afatl8 Addrewl: 275 RIDGE RD tatt Addraas2: j 223M City: LAKE LURE State: NC 1427Ma 21btta Zip: 28746 Property Address: 275 RIDGE RD ACAS: 0.00 tatm3r r AC_DEED: 0.00 231170 CALL ACRE: 1.22 No. of Bldgs: 9 27ttM Deed Bk/Po: 765/419 to» t 1630M Land Value: 139100 Bldg. Value: 94900 Defr. Value: 0 Total Value: 234000 Sale Price: 0 Neighborhood Code: V318 Neighborhood Desc.: LAKE VIEW Property Desc.: RES LAKE DRIVE Zoning. Map/Blk/lot 500 1 107 Nbr Land Seg.: 2 Stamps: Land Use: Township Code: 02 Exempttro: Exempt_amt 0 Flood Plain: N St_nbr. 275 St_dir. St_name: RIDGE St_suffix: RD Apt_nbr. ". > r :•'r :.., a nJ?,.. .r ..r. ?.:m r- ".a r.Car r,;. http://quicksearch.webgis.net/details.php?site=nc_rutherford co&id=1627038&lid=parce... 11/10/2006 f LO °D W `o, - O O ??l O M Ki in N 25.58 co \ ? r- :2 N n M 3 w U-) 5 °- ,J ?,d 6 A- ES m m Z , LLJ w ? . W *? _ N NM NN co N Z z 0 ? 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