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
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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`
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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
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GPIN: 06432090478S0 ?
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Account No.: 15124079 abo?
Owners Hamel : EVERHART PAUL R \
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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.
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?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? ??
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-. I ? I '' ? .. ?. - " '. ?
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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 -
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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,;.
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