20060706 Ver 1_Complete File_20060425

? WHrF
l° `O?? ?QG Michael F Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
d Y Alan W. Klimek, P.E.: Director
Division of Water Quality
August 3, 2006
DWQ Project # 06-0706
Nash County
Barnes Farming Corps, LLC
P.O. Box 310
Spring Hope, NC 27882
Subject Property: High Crossroads Pond
Bloomery Swamp [030407,27-86-6-2, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 2.8, acres of wetland (0.2 acres fill, 2.6 acres flooding), 171 linear feet of
intermittent stream (50 linear feet fill, 121 linear feet flooding), 2.2 acres of open water impact (beaver
pond flooding) and 0.00 square feet (ft) of protected riparian buffers, for the purpose of constructing an
irrigation pond at the subject property, as described within your application dated April 19, 2006, and
received by the N.C. Division of Water Quality (DWQ) on April 25, 2006, with more'information
received on June 8, 2006. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to
use Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USAGE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0233. 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 maybe 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:
Note Carolina
401 Oversight/Express Review Permitting Unit )tumally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet-, http://h2q.enr.state. nc us/ncmtlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Barnes Farming Corps, LLC
-Page 2 of 5
August 3, 2006
Amount Approved (Units Plan Location or Reference
Wetland 2.8 acres of wetland 0.2 acres fill, 2.6 acres flooding) Revised PCN page 8 of 13
Stream 171 linear feet of intermittent stream (50 linear feet fill,
121 linear feet flooding) Revised PCN page 8 of 13
Open Water 2.2 (acres -flooded) Revised PCN a e 9 of 13
Buffers 0.00 (square ft.) PCN page l l oft 2
I:
0
M
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. -Diffuse Flow (No Review)'
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified' within 15A NCAC 213.0233 (5). 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.
13arnes Farming Corps, LLC
,. Page 3 of 5
August 3, 2006
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal; profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes `installed in a perched manner, the pipes shall be removed and re-
installed correctly:
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing -stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the` elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If riprap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project,; the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ'when ,all work included in the §401 Certification has been
completed. The responsible parry shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. Deed Notifications - Deed notifications 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. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
Barnes Farming Corps, LLC
Page 4 of 5'
August 3, 2006
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents. htm.;
10. 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,adj udicatory 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
5ely,
Alan W. Klimek, P.E.'
AWKlijm
Enclosures: GC 3402
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
A. B. Whitley, Consultant for Conservation Projects, 341 Amherst Road, Rocky Mount, NC 27804
Filename: 060706HighCrossroadsPond(Nash)401 NBR
Triage Check List
Date: L° -6 Project Name: Ai !;S Ooa_d?
DWQ#: Z0O-C 0 ,
County:
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
? RRO Eric Kulz
- From: `
Telephone (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? ' Stream determination
? etland determination and distance to blue-line surface waters on USFW topo maps
l I 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: 7AIA?? ?z?
W a? Qum,: ter
FIL u. to, p Y
June 7, 2006
Memo to: U. S. Army Corp of Engineers and NC Division of Water Quality
Dear Sirs & Madams:
As per phone conversations with representative James Sherri, I am sending revisions to
the Pre-Construction Notification ApplicationForm for John Barnes of Barnes Farming
Corporation LLC in Nash County dated April 19, 2006. The new information includes
revised pages 7, 8, & 9 and an enlarged copy of fill calculations for the proposed dam.
As discussed the stream channel lengths have been adjusted to reflect more accurately the
site conditions. This is due to the silting in of the stream channel within the beaver pond.
There is no identifiable channel in the beaver pond.
Please call me if you have any questions at 252/937-7800 (home) or 2521382-0456 (cell).
A.B. Whitley
cc: John Barnes
JUN g 2006
DENK-WORK OVALI
??MONONA ru?+
REVISED 6/7/2006
10. Describe the overall project in detail, including the type of equipment to. be used: The
existin road Gros I will be u ailed to a dam for canst mctin a farm irrigation and
using a trackhoe, dozier and pan. 11. Explain the purpose, of the proposed work: The pond will supply water for the irrigation
Of 95 acres of ad'aeent cro land.
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. Mike Horan of the Raleigh regional office visited the site on 3/16/06 and
concurred with the nil plans. He Ai: ulated buffer re lacement in an areas where the pond
waterline was outside of the cutover woods.
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.
None
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:impacts include the filling and P1
!ling
of approximately 50' of intermittent stream channel and .02 acre of ad'acent wetlands to
construction an earthen dam. This will result in the flooding of an existi beaver and that
is ad'acent wetlands which are 2.6 acres in size. The beaver 111 and ro osed and
K have and will continue to flood a roximatel l 000 feet of intermittent stream channel
Updated I1IM20os' -
Page 7 of 13
REVISED 6!7/2006
which has filled with silt. There are 121' of stream channel above the beaver pond that have
not filled with sil and a roximatel SQ' of stream channel at the ro sed dam site that
will be -Dined and filled
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)

Dam Site #1
Type of Impact

Fill Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)

Beaver Pond Located within
100 year
Floodplain
eslno
No Distance to
Nearest
Stream
(linear feet
0
Pond #2 Flooding Beaver Pond No 0
Flooding Non Flooded' Forest No

Total Wetland impact (acres)
Area of
Impact
(acres)
0.2
2.20
0.40
2.8
3. List the total acreage (estimated) of all existing wetlands on the property: 14 acres
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, multiply length X width, then divide by 43,560.
Stream Im
ct
pa
Number

on ma)
#
Stream Name
T e of Im act
p
Perennial or
Intermittent? Average

Stream Width
Before Im act Impact

Length
(linear feet :!Area of

act
es
1 n/a Pipe &'FiII Intermittent 18" SQ' 0.002
#1 n/a Flooding Intermittent 18" 121' 0.004

Total Stream Impact (by length and acreage) 1 Tl' 0.006
Updated 11!1!2005
Page 8 of 13
REVISED 6/712006
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
dicate on ma
Pond Name of Waterbody

(if applicable}
n/a
Type of impact

Flooding Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.)
Beaver Pond Area of
Impact
(acres)
2.2

Total Open Water Impact (acres) 22
6. List the cumulative impact to all Waters of the U.S resulting from the ro'ect

Stream Im act (acres): J
0.006
Wetland Impact (acres): 2.8
en Water I n pact (acres): included above 2.2
Total impact to Waters of the U.S. (acres 2.$p6
Total Stream Impact (linear feet):
'
171'
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 USAGE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): Z uplands stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw down valve or spillway, etc,): dam/embankment
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Irrigation and farm water supply
Current land use in the vicinity of the pond: cropland
Size of watershed draining to pond: 138 acres Expected pond surface area: 4.9 acres
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
Updated, 11X2005
Page 9 of 13
7A3
r
If
F

Triage Check List
Date: Project Name: ? Co s6 re A W_,?
DWQ#: 'Z(" d 7-b 6
County:
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
?RO Alan Johnson/Barry Love ? WSRO Daryl Lamb
E RRO Eric Kulz
From: Telephone : (919) °7 1 Li -7 a
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
D""M-inimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy soft
? Is the application consistent with pre-application meetings? copy
F] Cumulative impact concern
Comments: M' i c ??-4 . PC / C
UAJ
r
i tat -. a i?
RECEIVED
Office Use Only. Form Version March 05
20060706
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N
1. Processing
FILE 1. Check all of the approval(s) requested for this project:
0 Section 404 Permit [0 Riparian or Watershed Buffer Rules
Section 10 Permit Z Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here C]
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:
II. Applicant Information Elm @ E2 OWN
1. Owner/Applicant Information APR 5 Z006
Name: Barnes Farming Co LLC DEW, - WAI ER QuAL,01
Mailing Address: P. O. Box 310 TER BRANCH
Spring Hobe NC 27882
Telephone Number: 252/459-3101 Fax Number: 252/459-9020
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: A B Whitley
Company Affiliation: Consultant for Conservation Projects
Mailing Address: 3401 Amherst Road
Rocky Mount NC 27804
i
Telephone Number: 252/937-7800 Fax Number:
Address: abfor winkie 'uno.com
E-mail
Updated It/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires `information to be submitted on sheets no larger than I 1 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: High Crossroads Pond
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2784006658470
4. Location
County: Nash Nearest Town: Bailey
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Take US264 towards
Wilson, past Bailey to the Sims Green Pond Road Exit Take Green Pond Road north into
Nash County. At the "T" turn right onto Strickland Road Site is'/2 mile on your right.
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): 35.7885 °N 78.0305 °W
6. Property size (acres): 75.4 acres
7. Name of nearest receiving body of water: Bloomerv Swamp
8. River Basin: Neuse
(Note - this must be one of North Carolina`s seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admigLmaps/.)
9. 'Describe the existing conditions on the site and general land use in the vicinity: of the project
at the time of this application: The site is a beaver pond in a cutover woods that has-been
Sprayed for controlling hardwoods
Updated 11i1i2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
existing road crossing will be upgraded to a darn for constructin a farm irrigation pond
using _a trackhoe, dozier and pan.
11. Explain the purpose of the proposed work: The pond will s=ly water for the irri atilt on
Of 95 acres of adjacent cropland
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 USAGE 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. Mike ' Horan of the Raleigh regional office visited the site on 3/16/06 and
concurred with the pond plans He stipulated buffer replacement in any' areas `where the pond
waterline was outside of the cutover woods.
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.
None
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:impacts include the filling and pipling
of approximately 75' of intermittent stream channel and 08 acre of adjacent wetlands to
construction an earthen dam This will result in the flooding of an existing beaver pond that
is an adjacent wetlands which are 2.5 acres in size The beaver pond and proposed pond
have and will continue to flood approximately 1,000 feet of intermittent stream channel.
Updated 1.1/1/2005
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,
se aratel list im acts due to bath structure and floodin

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)
Dam Site #1 Fill Beaver Pond No 0 0.08
Pond #2 Flooding Beaver Pond No 0 2.20
X,,r F100" xt'3 Flooding Non Flooded Forest No 0.40

Total Wetland Impact (acres) 2.68
3. List the total acreage (estimated) of all existing wetlands on the property: 14 acres
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, darn
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 lend X width, then divide by 43,560.
Stream Impact
Number-
(indicate on ma)
Stream Name
Type of Impact Perennial or

Intermittent.
? Average
Stream Width
Before Impact
" Impact
Length
linear feet Area of
Impact
acres)
#1 n/a Pipe& Fill Intermittent 18 75' 0.002
#1 n/a Flooding Intermittent 18" 1000' 0.034

Total Stream impact (by length and acreage) 1075' 0.036
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 dred in flooding drainage bulkheads, etc.
Open Water Impact Type of Waterbody ea
o?
Site Number Name of Waterbody Type of Impact (lake, pond, estuary, sound, bay, a
p
(indicate on ma (if applicable) ocean, etc.) acres
Pond n/a Flooding Beaver Pond' 22

Total Open Water Impact (acres) 2 2
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resultin from the project.
Stream hn act (acres): 0.036
Wetland Impact (acres): 2.580
Open Water Impact acres): included above 2.00
Total Impact to Waters of the U.S. (acres) 2.716
Total Stream hnpact (linear feet): 1075'
7. Isolated Waters
Do any isolated waters exist on the property? n Yes N No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands 0 stream ® wetlands
Describe the method of construction (e.g.,. dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Irrigation and farm water supply
Current land use in the vicinity of the pond: cropland
Size of watershed draining to pond: 138 acres Expected pond surface area: 4.9 acres
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. This is the site of least impact
on Mr. Barnes' land that is suitable for developing the needed water supply to irrigate his crops.
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.
Updated 11/1/2005
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
http //h2o enr state.nc.us/ncwetlands/strmy,ide.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.
A 50' buffer of urass and 3 rows of oak trees will be planted on the. south side of the pond to
replace the buffer area that is flooded by the proposed pond
2. Mitigation may also be made by payment into the North Carolina Ecosystem' Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] 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 NCEEP
website athLtp•//h2o enr.state.nc.us/M/index.htm. 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):
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) fares or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes n No 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.
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-fie-a,5 Yes E No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.,
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone l extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer' Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Pond site is a wooded area and woods will
remain as the buffer on the north side The south side of the pond will have a 50' buffer of
oak trees and grass planted adjacent to the new pond.
Updated 11/1/2005
Page 71 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 andwetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
X1I. 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.
N/A
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
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 M
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
htlp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application 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
Tbreatened Species, accessibility problems, or other issues outside of the applicant's control).
/
?-
Applicant/Agen s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
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Parcel Print Display
Parcel Information

Owner Name 1 BLC MERGER INC
Owner Mailing Address PO BOX 310

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Date/Time Stamp The data effective date This map is prepared for the inventory of real property found within this jurisdiction, and is compiled
from recorded deeds, plats and other public records and data. Users of this map are hereby notified
that the aforementioned public primary information sources should be consulted for verification of
March 21, 2006 the information contained on this map. The County assumes no legal responsibility for the
10:16:44 am Monday, February 27, information contained on this map.
2005 at 12:00 pm.

Parcel Number 27$400665847U

City, State SPRING HOPE NC
Zip Code 27882
Parcel Address 15111591 BLOOMERY 12D
Total Taxable Value $68,542:00
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Triage Check List
lzew6
Date: Project Name: C?ro S.5 re etq?S
DWQ#:; 2cy 0 6 ® 7- a, 6
County:
To: ? ARO Kevin Barnett
WaRO Kyle Barnes
FRO Ken Averitte
0 WiRO Noelle Lutheran/Joanne Steenhuis
, / RO Alan Johnson/Barry Love El WSRO Dar l Lamb
U RRO Eric Kulz y
From: Telephone:
(91.9) ''7 t S ? ? -7 3
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
l "J Stream length impacted
? Stream determination
El Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
0 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?
0 Cumulative impact concern
Comments: W, ?Nt,? ? 'AUVhVill ?? C
tve?eaPual.{y ,
Q
@ Erg 0 \V
APR 2 5 2006
9Nf11AN?lS Clip ATE R BRANCH
April 19, 2006 P Y MF- !T
MEMO TO: U. S. Army Corps of Engineers and NC Division of Water QualiREECEIVED
ty
Dear Sirs & Madames:
Attached is a copy of the Pre-Construction Notification Application Form for John
Barnes of Barnes Farming Corporation LLC in Nash County in regards to construction of
an irrigation water supply pond near Bailey. A check for $475 made payable to. NC
Division of Water Quality is attached. Included are a scale map of the pond site showing
wetlands (flooded and non flooded), the proposed pond waterline, dam site and
replacement buffer for the south side of the pond. Other maps included in the package
are a tract map from FSA, a topo map showing USGS Quad, longitude and latitude, a
soils map showing the drainage area and other wetlands on the tract, a county parcel map
showing the county parcel number and the original wetland delineation map from John
Gagnon and myself. The supporting data also includes the calculations of irrigation
water needs for the farm with two other alternatives that we looked at for a water supply.
These alternatives were a flashboard riser and a dug pond. Neither of these supplied
enough water. Mr. Barnes' letter appointing me as agent for him on this project is the
last page of the package.
I wish to thank Mike Horan and James Shern for their advice and assistance in helping
me prepare this application. Their site visit and friendly guidance are very much
appreciated. If you have any questions please let me know. My phone number is
2521937-7800 or cell 252/382-0456.
4t), lGi?
A. B. Whitley