Loading...
HomeMy WebLinkAbout20060577 Ver 1_Complete File_20060406WgTFRQG o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 27, 2006 Mr. Aaron Burris 3445 Green Road Monroe, NC 28110 Subject Property Aaron Burris Property Lake Tillery [YAD08, 13-(1), WSIV, B, CA] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Burris: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0577 Montgomery County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.005 acres of open water (Lake Tillery), and shading of 0.0275 acres of open water (Lake Tillery) for the purpose of constructing the proposed boathouse and seawall at the subject property, as described within your application dated March 28, 2006, and received by the N.C. Division of Water Quality (DWQ) on April 6, 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 General Permit Number 198200030 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, and Non-discharge 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 and design 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: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Shoreline-bulkhead 0.005 (acres) PCN page 9 of 12 Open Water (Lake Tillery) 0.0275 (acres - shaded PCN page 7 of 12 401 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: httD://h2o.enr.state.nc.us/ncwetlands Wcpmi?` Carolina Amma!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Aaron Burris Page 2 of 3 April 27, 2006 2. 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. 3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. 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. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B.0233 and GC 3404; 6. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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, r Aaron Burris Page 3 of 3 April 27, 2006 Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486-1541. J,ncerely, , C?? -(?- Alan W. Klimek, P.E. AWK/Ym Enclosures: GC 3492 Certificate of Completion cc: USACE Wilmington Regulatory Field Office Ken Averitte, DWQ Fayetteville Regional Office DLR Fayetteville Regional Office File Copy Central Files Butch B. Brown, 104 Dogwood Lane, Mt. Gilead, NC 27306 Filename: 060577AaronBurris(Montgomery)401_GP30 4 f 7 7 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2 0 0 6 0 5 7 7 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 2`401 Water Quality Certification 2. Nationwide, Regional or General-Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into, the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information @ 19 v D D APR 6 2006 1. Owner/Applicant Information Name: n M 1 DEN - Mailing Address: .? * y , 5 80 .0 ke Af-I ftHANDSNO STORMW FI? BRANCH Telephone Number: 7,o# !{&L,5? Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: -PcE 7 G,4 a a.g o ai d Company Affiliation: Mailing Address: MI Gil EAD NC 27305 PHONE 010.439.1364 Telephone Number: q/A - /S 1- Fax Number: E-mail Address: hi,74Lr f rf?rr? ? s!t!?e?f, jsr? „rr, L'n F d? r , Page 5of12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project:/ 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: flM1J7_t?A .41,0/7t/ SEE Nearest Town: 122 7 66-4V -V r .= Subdivision name (include p ase/lot number): Directions to site (include road numbers, landmarks, etc.): fr_e9 4.7-2°&aA 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 4 PD _ , fa 5 S"e ie 77 7. Nearest body of water (stream/river/sound/ocean/lake): 8. River Basin: rE, r, (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hlt2://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 14 Pt+ ? w L:,1J f_f o -?- O 7- h o rl 5rF, V Page 6 of 12 10. Describe the overall project in detail, including the pep ifC? a 11. Explain lj?jo??e of the pro osed work:_ Atli 0 tvcr 5P e A rl': IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. of equipment to be used: f,04W, Fr)/?// f ? no h P . /9 /(-n r he r, Page 7 of 12 1. Provide a written description of the proposed impacts: /OD' J/ 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately aiM identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing Total area of wetland impact proposed: the property: , P o ,r , 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.mapauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. 0 5E . ? Dos F' ! ke- * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. . Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Ns'- Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): /V! s 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. MIA VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open.waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed: If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htt-p://li2o.enr.state.nc.us/ncwetlands/`strrngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payrrfefit into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? rf//4 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? V/q X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) . It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether. or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or. 0260. W6 XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No 14 Is this an after-the-fact permit application? Yes ? No 4 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910.439.13$4 ??-o2?s- 0 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 1 of 1 Brown's Construction 3-06-06 104 Dogwood Lane Mt Gilead N.C. 27306 910-439-1384 To whom it may concern I Aaron Burris give Butch B. Brown of Brown's Construction my permission to act as my agent in securing the permits and permissions required, and the construction of the sea wall and the boathouse. The sea wall and boathouse is to be constructed at my dwelling at 191 Clear View Point. Date -'-3- 25 Aaron Burris d survey m°aae oy me, 300k__i -, Page closure as calculated .d are shown as broken mation; that this map h OS 47-30 as amended !lopment or a portion :orporate Limits of the mile thereof. Z day of inz?v 40. •e me this ??- day _. 14 Notary Public k• - tificate(s) of said county is be correct. :gister of Deeds r of Deeds -petty does not conform ment is effective for the nents from street grade ring a slope ratio of two of vertical dimension. iowledge(s) that the land the subdivision-regulation ommissioners of " tment to be :by dedicate(s) to public easements, forever all on said plat ommissioners of day of plat is registered in the eels of `: County, i date of this approval. (Seal) .irman BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE NT. GILEAD NC 27300 PHONE 910439-1354 ?o c e 1 of 1 Brawn's Construction 3-06-06 104 Dogwood Lane Mt Gilead N.C. 27306 910439-1384 To whom it may concern I Aaron Burris give Butch B. Brown of Brown's Construction my permission to act as my agent in securing the permits and permissions required, and the construction of the sea wall and the boathouse. The sea wall and boathouse is to be constructed at my dwelling at 191 Clear View Point. Date Aaron Burris BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910-439=1304 ?f4 +l? J ? ? { i ? F ` p{{pt J? ? ? j{? ? jyi ? '° i? , ? ? ? ? ? ? g 2 k p 1 ; (? III[[[ } f 1 Y fffEEE 7 ? ; 7 ? a F [ ! i l l } t ? { S t 2 ? z ' f i t f a J F J!v X/ : f k ._x x i 1 I t l b I t t ( f F 4 4 d BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910.439.1004 ??7 fUlol?22 ` ?q 1515 f. _ a r t b a 1 1 16 BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILCAD NC 27306 PHQNP 91041MM 1P,64 9 l2 f I2, IV -9 03 g (J-\ S tefr=O2 C.0 -'G V -ZZ 1 6' rs I i J Rt RV? V? ? e J i I -T` - I v • )- I ,i v d C y? ? 1 d f s G ?n --i vc? z?O= Am oo? 8:0* zv?vD0 c5C.,zo rnSi c t7? Office Use Only: Form Version May 2002 2 0 0 6 0 5 7 7 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 2'401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment inta the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: F? II. Applicant Information `. 0 M ( " 1. Owner/Applicant Information APR 6 2006 Name: 'et, o 13U R n ;S DFNR - WATFR 011Ai ITY Mailing Address: .;s Y , S /,' RPrV !P ,A ! WIETIANDSAND STORMWATER BRANCH Telephone Number: 7D N Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: -317 G, 6 4 go roJ.! Company Affiliation: Mailing Address: MI CII.FAD NC 27305 PHONE 510.499.1694 Telephone Number: 9_Z Q-1J,36-,/9 Fax Number:?'f ©- ?f 9? / ?s E-mail Address: hPT6 /? f r? ??C?r f?, j?t.4 ,/•r, l''ain Page 5 of 12 7 1 i III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For. administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: L`/X X 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: /VZ N c/ o, Nearest Town 6 , ,I ? . Subdivision name (include p1 ase/lot num er): Directions to site (include road numbers, landmarks, etc.): SPE 4.7'"2?ia A 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): A PP - , ke 5 (`r re A `" c' CFO 1,l r 7. Nearest body of water (stream/river/sound/ocean/lake): 8. River Basin: ftee 12r e (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at h"://h2o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: o pto w e/J mo -- 06 Page 6 of 12 10. Describe the overall project in detail, including the 7' ' Ems! Jve< '? 11. Explain e pu -prose of the pro os( At/,,7"h ,, rf,S,io e 10 IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. of equipment to be used: r.a/s.3rhe/m Page 7 of 12 1. Provide a written description of the proposed impacts: /O © 6" 77,Y 1,04-; f 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain* * (es/no) Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately a?M identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.femaeov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: , p o jr. Total area of wetland impact proposed: 0114- 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.maguest.com , etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) 0 FD k-, DDS i' 4Ire- * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): mar 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. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial- streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open.waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed: If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htti)://h2o.enr.state.nc.us/ncwetlands/"strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. t /A- 2. Mitigation may also be made by payrpleht into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wry/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 1 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to r view current thresholds for environmental documentation. Yes ? No ? t V /' If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? P//9 Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) . It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether, or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation. by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I 1 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or. 0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in 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 4 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910.430.1364 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 1 of 1 Brown's Construction 3-06-06 104 Dogwood Lane Mt Gilead N.C. 27306 910-439-1384 To whom it may concern 1 Aaron Burris give Butch B. Brown of Brown's Construction my permission to act as my agent in securing the permits and permissions required, and the construction of the sea wall and the boathouse. The sea wall and boathouse is to be constructed at my dwelling at 191 Clear View Point. Date 3 - 25 . 0 ?-- Aaron Burris survey mane oy me, Boo , Page closure as calculated 1' _5 5 l ; A are shown as broken :nation: that this map h GS 47-30 as amended !iopment or a portion ;orporate Limits of the I , mile thereof. /dayof? vo. A-/ 77C •e me this day _. Isla. ?pNotary Public k- - tificate(s) of said county is be correct. :sister of Deeds r of Deeds perty does not conform ment is effective for the nents from street grade ring a slope ratio of two of vertical dimension. towledge(s) that the land the subdivision-regulation ommissioners of fitment to be :by dedicate(s) to public easements, forever all on said plat ommissioners of day of plat is registered in the eels of `: County, i date of this approval. BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONI= 910--4391004 ?o f G i (Seal) irman 1 of 1 Brown's Construction 3-06-06 104 Dogwood Lane Mt Gilead N.C. 27306 910-439-1384 To whom it may concern I Aaron Burris give Butch B. Brown of Brown's Construction my permission to act as my agent in securing the permits and permissions required, and the construction of the sea wall and the boathouse. The sea wall and boathouse is to be constructed at my dwelling at 191 Clear View Point. ?-- Date 2 -S, Aaron Burris BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE NT, GILEAD NC 27306 PHONE 91 t39=130-4 6 1 J [ i¢§? € piz $ y {Ef( i f? ) i ? t ?! i ? ) j t t i? i t?? f { { Z f of ? 3 ? ?? i } F i 1 i I t i 1 1 E i Z d 2 N f s P E BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910-439.1 ?$4 P? tI d E P S c ?y t ?? 16 BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILBAD NC 27006 PHPNP P104-09=1994 On/ 9 n /2- 12, x Yo2 E _r - t 1 Sa? fEi i]} F 6?{ igp f 4 ! `ae 1+? J } l 1 1 { S S 1 } 5 ?r `.may t w t-?.,`=. i to ? a S S9 4 ?Y h r 73 03 ?v0 r- O S `-?>?fu lpc?oo to ? r n mWzo MZ C O I?Z e t? i ? C C-N a a ?. i ! Q . .A LIS F low C73 zOO46 O Mi=O2 CC) mvgo - ® Z mnoz mc',Zz mC c c7 r r? r 1 r ? Q C c° t r fz- t 1 L a Qn. ?T f t'r a rv 2000 m r 0 = 9bg_ o Z mOoZ w N D n mWZO 4?bx,m? 33 c i A (? y v