20050086 Ver 1_Complete File_20050118

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 24, 2005
Richmond County
DWQ # 05-0086
WAIVER of 401 Water Quality Certification
Mike Benteen
NC Wildlife Resources Commission
5031 Cambridge Oaks, Drive
Matthews, NC 28104
Dear Mr. Benteen:
Your application for a 401 Water Quality Certification for an Individual Permit was received in the
Central Office on July 15, 2000. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken
within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore,
DWQ has waived the requirement for a 401 Water Quality Certification for your plans to impact 1,200 linear
feet of streams for dredging as described in your application.
However if additional impact occurs or your development plans change, this waiver is no longer valid
and a 401 Water Quality Certification will be required.
If you have any questions, please telephone John Dorney at 919-733-1786 or Ken Averitte at our
Fayetteville Regional Office at 910-486-1541.
01
Cc:
Ken Averitte, DWQ Fayetteville Regional Office
Josh Pelletier, Wilmington Field Office Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
A ENOR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
I I
I?®?1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: June 13, 2005
Comment Deadline: July 12, 2005
Corps Action ID #: 200500343
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.anny.mil/wetlands
Applicant: Mike Benteen
North Carolina Wildlife Resources Commiss f [ ?
5031 Cambridge Oaks Drive L5 LL1l VV D
Matthews, North Carolina 28104 JUN 1 5 2005
Authority WATER QUALITY
1'iZU4 SAND TORMWTERBRANCH
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act.
Location
Project is located at the Grassy Island Boating Access Area, adjacent to Mountain Creek,
on the north side of Grassy Island Road, west of Cagle Grave Road, east of McRea Road,
west of Ellerbe, in Richmond County, North Carolina. (35.0551 N, 79.8767 W)
Existing Site Conditions
The North Carolina Wildlife Resource Commission (NCWRC) currently maintains a
small boating access at this location with a small parking area.
Applicant's Stated Purpose
The NCWRC purpose is to remove the silt and sand that obstructs the boating navigation
channel (aggravated by the new bridge construction) and to remove the stumps and fallen
trees from the channel that is making boating on the stream unsafe.
Project Description
The NCWRC has applied for a permit to dredge approximately 300 linear feet of stream
channel adjacent to the boat ramp in order to remove 370 cubic yards of silt and sand
(300 CY below Normal High Water) that has accumulated in the navigational channel.
The existing channel will not be deepened, just cleared of excess material. The existing
channel will be widened to a uniform width of 10 feet, which will allow boat navigation
at low water. The excavation will not exceed the existing bottom of the channel but to
widen the channel, up to 2.6 feet in depth of material below Mean High Water (MHW)
may be removed from the sides of the channel. In order to minimize water quality
impacts, the NCWRC plans to do the work when the water level is 3 feet below Normal
High Water. The dredged material will be trucked to an upland site owned by the
NCWRC, located approximately 8 miles away. This material will be used as upland fill.
Stumps and fallen trees within the navigational channel will also be removed to ensure
safe boating practices. Cutting of fallen tress will be done with a chainsaw and stumps
within the channel will be removed by using logging chains and a trackhoe. This
vegetative material will also be trucked to an upland site for disposal.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
July 5, 2005.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
2
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the
proposal, must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of
this proposed activity. Any comments received will be considered by the Corps to
determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest
factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
3
National Environmental Policy Act (NEPA). Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5 pm, July 12, 2005. Comments
should be submitted to Josh Pelletier at [phone].
4
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003
r (33 CFR 3251 Expires December 31, 2004
The Public burden for this collection of information Is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or loss. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestiogs for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be sharad with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if Information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED
//TFM.C RFI nW Tn RFC711 fin Ry APPI /r`BAM
5. APPLICANT'S NAME I B. AUTHORIZED AGENT'S NAME AND TITLE ran aaera is not reaulredl
Michael Benteen
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
5031 Cambridge Oaks Drive
Matthews, NC 28104
7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS W/AREA CODE
a. Residence [phone] a. Residence
b. Business [phone] b. Business
11. STATEMENT OF AUTHORIZATION
hereby authorize, NSA to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE rsee&n&wd.,
Mountain Creek Dredging and Clearing
13. NAME OF WATERBODY. IF KNOWN rran k--i r 14. PROJECT STREET ADDRESS rdapgicablel
Mountain Creek - Off Blewett Falls Lake I
15. LOCATION OF PROJECT
Richmond NC
SR 1148 - Grassy Island Road at the Grassy
Island Boating Access Area
COUNTY STATE I
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, rseeinstrucvonal
17. DIRECTIONS TO THE SITE
From NC 73 and NC 109 travel south 7 miles on NC 109 into Richmond County. Turn left on
Grassy Island Road/SR 1148 and travel 10.5 miles. Area starts on the right at the boating
access area and goes under the bridge to the lake.
ENG R 4345, 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-0R)
18. ;vature of Activity (Desc ipYion o/pojecY, include a!I tcahresl
The project is the dredging of approximately 300 feet of stream bed at the base of the boat
ramp to clear the accumulated silt in the boating channel and the removal of fallen trees and
embedded stumps that have clogged the stream.
19. Project Purpose (Describe the reason ar p, pace of the pojecr, see irwawfims)
The purpose of this project is to clear the silt and sand that clogs the boating navigation
channel (aggrevated by the new bridge construction) and to clear the stream of stumps and
trees that make boating on the stream unsafe.
USE BLOCKS 20-22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
There will be no dredged materials discharged on site. The materials will be hauled to land
owned by the NCWRC approximately 8 miles away and used as part of a controled fill.
21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
22. Surface Area in Acres of Wetlands or Other Waters Filled (see hump Lions)
23. Is Any Portion of the Work Already Complete? Yes = No " IF YES. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
Progress Energy
Tillery Hydroelectric Plant
179 Tillery Dam Road
Mt. Gilead, NC 27306
Attn: Larry Mann
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL. IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
.Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
appiication is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the appppliican?ftt...'
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
DWQ 401 Water DWQ# 05-0086 11-24-2005
1-5-2005
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false,,fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or Imprisoned not more than five years or both.
North Carolina Wildlife Resources .Commission
Division of Engineering Services
RR&RUW12 5
JUN 1 5 2005
DENR • WATER QUALITY
V,-zTL ;D$ MO STOWAVATER EW40H
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Sheet 1: Proposed Work
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Sheet 2: Picture 1
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Sheet 4: Picture 3
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Sheet 5: Picture 4 Vicinity Map ` V" =
Sheet 6.
Picture 5
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Sheet 7: Picture 6 ?
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Sheet 8: Picture 7 -
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Sheet 9: Picture 8
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Mountain Creek
i
Clearing & Dredging

Site

Impact #

Silt fence in stream
during excavation
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? North Carolina Wildlife Resources Commission
? Division of Engineering Services
1720 Mail Service Ctr. Raleigh, NC 27699 [phone]
redging Upstream of This Point
NOTFS,
1. Excavated material below NWL - 3000Y
2. Work to be done when water
level is at 171'(3' below NWL)
or less.
3. Total material to be removed - 370CY
4. Silt fence to be installed during
excavation process.
5. Waste to be trucked to an
upland site owned by the NCWRC
and used in a site fill,
SCALE :1;100
Impact lis schematic only. NTS.
DR
This portion of drawing
-'" ? ? •? Approximate trackhoe path
.--? o • JUN 15 2005
Photo # Typ. - 7 DENR•WATER QUALITY
?','eTLP1+DS MO STORhP?'ATER BRF?+CH
Permit-
Drawn By: Mike Benteen
Mountain Creek Clearing
Date: 9/14/04 Revision:
Blewett Falls Lake
Richmond County; North Carolina
Sheet # 1 of 1 Proposed Work
O?O? W A r?
A A
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 24, 2005
Wildlife Resources
Attn: Mike Benteen
5031 Cambridge Oaks Drive
Matthew, NC 28104
Subject Property: Mountain Creek Clearing
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Benteen:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0086
Richmond County
You have our approval, in accordance with the attached conditions and those listed below, to clear and
dredge within or otherwise impact 1200 feet of stream at the subject site, as described within your
application dated January 17, 2005 and received by the N.C. Division of Water Quality (DWQ) on
January 18, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3494 (GC3494). 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 (Units) Plan Location or Reference
Shoreline 1200 (feet)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet: htto://h2o.enr.state.nc.us/ncwetlands
N One
Karolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10°10 Post Consumer Paper
NC Wildlife Resources Commission
Page 2 of 3
January 24, 2005
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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
NC Wildlife Resources Commission
Page 3 of 3
January 24, 2005
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910486-1541.
Sincerely,
Alan W. Klimek, P.E.
AWKlcb1?bs
Enclosures: GC 3494
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Filename: 05-0086 Mountain Creek Clearing (Richmond) 401

NC WILDLIFE RESOURCES COMMISSION
DIVISION OF E N G I N E E ING SERVICES
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5031 Cambridge Oaks Drive
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Matthews, NC 28104
JAN 1 8 2005 January 17, 2005
DENR - WATER QUALITY
WETLANDS A 14D STORMATER BRANCH
Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Gentlemen:
Enclosed please find 7 sets of drawings, PCN's, photographs, and a wire transfer for
$475.00 for the proposed channel clearing of Mountain Creek on Blewett Falls Lake,
Richmond County, NC. A similar submittal has been made to the Wilmington Office of
the US Army Corps of Engineers for review under their General Permit..
Please review this submittal and if you have questions or need additional information, let
me know.
Sincerely,
Michael Benteen
Facilities Engineer, NCWRC
[phone]
Division of Engineering Services
Mailing Address: 1720 flail Service Center ? Raleigh, NC 27699-1720
Office Location: 512 N. Salisbury Street ? Raleigh, NC o Telephone: [phone] Fax: [phone]
c DOCUMENT PAYMENT GENERAL INFORMATION DPG
NEXT FUNCTION: ACTION: HISTORY: _ 01 /13/2005 10:49:18
BROWSE:
PAY ENTITY 17PT VEND/EMP NBR: 566000 372 40
VEND/EMP SHORT NAME: DENR DOCUMENT NBR: 011005
DOCUMENT DATE : 01/10/2005 PAYMENT NBR: 001 PRTL PYMT NBR: 000
IND AMOUNT
SALES TAX/VAT VAT INCLUSIVE N
SALES TAX 2 EXPENSE IND
SALES TAX 3 GL EFFECTIVE DATE: 01/12/2005
FREIGHT EXTRACT DATE
ADDITIONAL COST ACCRUAL CANC DATE:
GROSS INVOICE 475.00 CURRENCY CODE
PAYMENT AMOUNT 475.00 DISCOUNT TYPE NOT TAKEN
AMOUNT PAID 475.00 DISCOUNT TAKEN .00
PAYMENT STATUS PAID
PAYMENT TERMS : NET PAY IMMEDIATELY PAYMENT REF NBR 0000004774
PAYMENT DATE : 01/12/2005 PAYMENT TYPE ELECTRONIC
PAYMENT ROUTE CD : HANDLING CODE
FACTOR NUMBER ONE INVC PER PYMT:
REASON CODE/DESC BANK ACCT PYMT CD: IGO
13, 2005 10:51:50 AM
AP DOCUMENT GENERAL INFORMATION
DGI
NEXT FUNCTION: ACTION: HISTORY: 01/13/2005 10:51:43
PAY ENTITY 17PT VENDOR/EMP NUMBER: 566000372 40
VEND/EMP SHORT NAME: DENR DOCUMENT NUMBER 011005
DOCUMENT DATE : 01/10/2005
CONTROL NUMBER : 0865
DOCUMENT TYPE : INVOICE
DOCUMENT STATUS : PD-FULL
CURRENCY CODE
GROSS DOC AMOUNT
AMOUNT PAID
COUNTY CDE/TRIP NBR:
PO REFERENCE
SIGN APPROVAL CODE
DATES APPROVED
CONTROL DATE : 01/11/2005
APPLICATION AREA : CC
DATE ENTERED : 01/11/2005
DATE LAST UPDATED: 01/11/2005
475.00 PROV ACCTG DATE .
475.00
REMIT MESSAGE: MAJOR WATER QUALITY CERT FOR GRASSY ISLAND BAA
o?o? \ NA
r?RQ6
Wa ,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 24, 2005
Wildlife Resources
Attn: Mike Benteen
5031 Cambridge Oaks Drive
Matthew, NC 28104
Subject Property: Mountain Creek Clearing
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Benteen:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0086
Richmond County
You have our approval, in accordance with the attached conditions and those listed below, to clear and
dredge within or otherwise impact 1200 feet of stream at the subject site, as described within your
application dated January 17, 2005 and received by the N.C. Division of Water Quality (DWQ) on
January 18, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3494 (GC3494). 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 (Units) Plan Location or Reference
Shoreline 1200 (feet)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet http://h2o.enr.state.nc.us/ncwetlands
No One
Carolina
NaturallY
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NC Wildlife Resources Conunission
Page 2 of 3
January 24, 2005
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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
NC Wildlife Resources Commission
Page 3 of 3
January 24, 2005
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486-1541.
AWKIcbk/bs
Enclosures: GC 3494
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Sincerely,
Ala W. Klimek, P.E.
//Y7 Filename: 05-0086 Mountain Creek Clearing (Richmond) 401

JAN I b 2005
Office Use Only: DENR - WATER QUALITY Form Version May 2002
V,ERMDSANDSTORMeATEREM:Cll
USACC 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
? X Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 197800056
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
1. Owner/Applicant Information
Name: Mike Benteen
Mailing Address: NC Wildlife Resources Commission
5031 Cambridge Oaks Dr
Matthews NC 28104
Telephone Number: 704-821-3157 Fax Number: same
E-mail Address: mbenteen(a-)carolina.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 13

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: Mountain Creek Clearing _& Dredging
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 743700482114
4. Location
County: Richmond Nearest Town: Abha, NC
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.):From NC 73 and NC 109 travel
south 7 miles on NC 109 into Richmond County. Turn left on Grassy Island Rd./ SR 1148
and travel 10.5 miles Area is on the left before the bridge
Site coordinates, if available (UTM or Lat/Long): N 35.3162, W 79.52397
(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.)
5. Property size (acres): N/A. Work is in the stream bed
6. Nearest body of water (stream/river/sound/ocean/lake):Blewett Falls Lake
7. River Basin: Yadkin River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/adniin/maps/.)
8. 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 connecting channel from the boating access
area at SR 1148 and Blewett Falls Lake
Page 6 of 13
9. Describe the overall project in detail, including the type of equipment to be used:
Mountain Creek is the navigation channel between Grassy Island BAA and Blewett Falls
Lake One part of this project consists of removing built-up sediment from around the base
of the boating ramp from a point approximately 50' upstream from the ramp to a point
approximately 300' downstream from the ramp. A small trackhoe and a small all-terrain
truck will be used for this operation There will be approximately 3000Y of sediment
removed below NWI and 370 CY removed overall The sediment will be trucked upland to
a NCWRC owned property where it will be used in a controlled fill.
The second part of this project consists of clearing; the navigation channel of stumps, snags,
and leaning trees (see photos) A trackhoe will be walked along the North bank of the stream
and used to pull out stumps A chain saw and logging chains will be used in this operation.
The property is lightly forested and in a natural condition at this time. _
10. Explain the purpose of the proposed work: The channel of Mountain Creek has accumulated
silt the past several years. This could be due in part to a new bridge foundation that has been
built. Defining the channel with minor excavation will allow use of this facility through a
greater variation of water levels. The clearing of the channel is mainly for safety. The
stumps that are exposed in the photos are usually covered with water. We have had many
complaints from users about boat and motor damage. The leaning trees are very dangerous
in that if one should fall while a boat is under it, serious injury could result.
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.
Page 7 of 13
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.
Provide a written description of the proposed impacts: Impact #l. The removal of 370 CY
total of sediment from the area around the boating ramp and bridge abutment. Impact #2.
The clearing of stumps snags and leaning trees from the navigation channel.
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 and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodpiains 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 htip://www.fema.Zov.
*** 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: -0-
Total area of wetland impact proposed: -0-
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?
(please secif
1 Sand removal 300 Mountain Creek 40 P
2 Snag removal 900 Mountain Creek 40 P

Page 8 of 13
* List each impact scoarately 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/stmightening, 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.uscs.gov. Several interact sites also allow direct download and printing of USGS maps (e.g., www.mpon,nc.com,
NvNvw.mapnuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1200 ft
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 Watcrbody
(if applicable) Type of Watcrbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, 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.):
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
Page 9 of 13
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The minimum amount of sediment will be removed to clear the channel. Excavation will be
done at a water elevation of about 171' which will minimize the amount of turbidity and allow
the accurate shaping of the channel A silt fence will be installed in the channel downstream of
the excavation to confine particles The clearing of stumps snags and leaning trees will be
accomplished with a lot of hand labor rather than machine work to minimize impact.
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.
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
littp://Il2o.enr.state.nc.us/ncwet]ands/stnTi,i,,ide.litm1.
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.
N/A
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] 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 littp://li2o.enr.state.ne.us/wm/index.litm. 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):
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 x ? 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 [phone] to review current thresholds for environmental documentation.
Yes ? No x ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Page 11 of 13
Yes ? No x E1 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; Lone z extcnas an
additional 20 feet from the edge of Zone 1.
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.
N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
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 x ?
Page 12 of 13
Is this an after-the-fact permit application?
Yes ? No x n
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).
1-1-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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6
North Carolina Wildlife Resources Commission
Division of Engineering Services
1720 Mail Service Ctr. Raleigh, NC 27699 [phone]
NOTF
1. Excavated material below NWL - 3000Y
2. Work to be done when water
level is at 171'(3' below NWL)
or less.
3. Total material to be removed - 370CY
4. Silt fence to be installed during
excavation process.
5. Waste to be trucked to an
upland site owned by the NCWRC
and used in a site fill.
This portion of drawing
impact lis schematic only. NTS.
Approximate trackhoe path
a
Photo # Typ.
Mountain Creek Clearing
Blewett Falls Lake
Richmond County, North Carolina

Permit
Drawn By: Mike Benteen
Date: 9/14/04 Revision:
Sheet # 1 of 1 Proposed Work
e

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
July 12, 2005
JUL 2 0 2005
DENR -WATER QUALITY
V.'ETIM JDS A140 STOMMATER BUTCH
Mr. Josh Pelletier
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID No. 200500343, North Carolina Wildlife Resources Commission, Dredging at
Grassy Creek Boating Access Area, Richmond County, North Carolina
Dear Mr. Pelletier:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public
Notice (PN), dated June 13, 2005. The applicant, the North Carolina Wildlife Resources Commission
(NCWRC), has applied for a Department of the Army (DA) permit to dredge approximately 370 cubic
yards from the stream channel providing access between the Grassy Island Boating Access Area (BAA)
and Blewett Falls Lake. These comments are submitted in accordance with the Fish and Wildlife
Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the
FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in
your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources.
Additional comments are provided regarding the District Engineer's determination of project impacts
pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
The proposed action would occur in Mountain Creek, a stream flowing into Blewett Falls Lake. The
material (370 cubic yards of silt and sand) would be removed from 300 linear feet of the creek. The
existing channel would not be deepened, but material would be removed from the sides of the channel to
create depths of 2.6 feet at mean high water, presumably related to the maximum water level created by
manipulations of dam flow. Stumps and fallen logs that create unsafe boating would be removed from the
channel.
The Service recognizes the relatively small scale of the proposed work. We also support the five project
features listed in the figure designated as "Impact #1." The most important features are that work would
be done when water is three feet or more below the normal water level (NWL) and silt fencing would be
installed during excavation. No schedule for the proposed work is provided.
The Service has reviewed available information on federally-threatened or endangered species known to
occur in Richmond County. We have also reviewed information from the North Carolina Natural
Heritage Program (NCNHP) database which contains excellent data on special status species, both federal
and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological
Survey (USGS). Data from USGS quads provide the most project-specific information on species which
should be considered in permitting this project. The project area is located near the boundary of the
Mangum and Ellerbe quads. The occurrence data of special status species within these quads can be
obtained on the internet at the "Database Search" heading of
<http:/iwww.ncnhp.or?i/Pa?Tes/herita?,edata.html >.
:r.
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2
Our review indicates that the NCNHP database has no occurrence records for federally listed species in
the immediate vicinity of the project area. Therefore, the Service would concur with a determination by
the District Engineer that the action is not likely to adversely affect species designated as threatened,
endangered, or their designated critical habitat. The Corps' requirements under section 7(a)(2) of the Act
would be fulfilled. However, section 7 consultation must be reconsidered if. (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not previously
considered; (2) this action is subsequently modified in a manner that was not considered in this review;
or, (3) a new species is listed or critical habitat determined that may be affected by the identified action.
There are, however, several current records for the Carolina redhorse (Moxostoma sp. 2) in Blewett Falls
Lake near the project site. This species is a Federal Species of Concern (FSC) and, as such, is not
protected under the ESA. While the Service recognizes the need for maintaining boat access, certain
precautions should be employed to protect important fisheries resources. The sensitive period for this
FSC is from March 15 through June 1. We recommend that the proposed work should not be conducted
during this period. This would not be an issue if the work could be done during the rest of 2005 or early
2006. Since stumps and fallen logs provide important aquatic habitat, we recommend that the removal of
such material be limited to the minimum amount necessary to ensure safe navigation.
Overall, we do not believe that the proposed activity will have significant adverse and/or irreversible
effects on general fish and wildlife resources under our jurisdiction. With due consideration of the
recommendations given above and the environmental safeguards listed in the PN, the Service has no
objection, from the standpoint of fish and wildlife, to the issuance of a DA permit for the actions
described in the PN.
The Service appreciates the opportunity to comment on this PN. Please advise us of any action taken by
the Wilmington District, Corps of Engineers. If you have questions regarding these comments, please
contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard hall nfws.uov >.
Since y,
Pete njamin
Ecological Services Supervisor
cc:
John Domey, NC Division of Water Quality, Raleigh, NC
Shari Bryant, NC Wildlife Resources Commission, Sedalia, NC