20050592 Ver 1_Complete File_20050408

,

O~,/" --\0"
,,' lLGJ" v
0/ \7
~lD , .l~
,....,":;:;..;:;.;;.;::.::~,.....;;::)
\,.o0oI .\'t~_'~'~'"_~'~''''''''' '"'
~'3~~~~?;:;

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, r.E. Director
Division of Water Quality

April 25, 2005

Michael Kirkpatrick
808 Owl Ridge Road
Waynesvil/e, NC 28486

DWQ Project # 05-0592
Haywood County

Subject Property: Shingle Cove Estates
Waynesvil/e, NC

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Kirkpatrick:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 149 linear feet of streams for the purpose
of residential developement at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 8, 2005 24, 2005. 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) 39 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater 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. Under no circumstances should the culverts, headwalls, and rip-rap
dissi[ators exceed the 149 linear feet approved under this authorization. If the
property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.

The Additional Conditions of the Certification are:

401 Wetlands Certification Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Ra!eigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet http://h2oenrstatenc,us/ncwetlands

N~'l='thCaroJina
;Vntllrall!/

An Equal Opportunit/IAffirmative Action Employer - 50% Recycled/l 0% Post Consumer Paper

VJ.J.lusn..\""..-u V I.,;.L:Jldlt;~.
Page 2 of6
April 25, 2005:

,

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:

Stream

Plan Location or Reference

UT to Richland Creek

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.

,

ulll11gl\;\... uvet:.states:
Page 3 of6
April 25, 2005:

4. No Sediment & Erosion Control Measures wIn Wetlands or 'Naters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Culverts that are less than 48 inches in diameter should be installed with 20% of the
diameter of the culvert placed below the level of the stream bottom to allow the
accumulation of stream bed materials in the culvert and to facilitate aquatic life
passage during periods of low stream flow. Larger diameter culverts should be
placed 1 foot below the stream bottom. The culvert should be placed in the main
flow channel (Le, thalweg). Partial burial of the culvert in this manner also may
require increasing the size of the culvert to accommodate flow requirements. Where
multiple pipes or barrels are used in parallel, one pipe should be installed as
described above while the bottom of the barrel on the otherls should be higher (Le.,
level of floodplain bench) so that only flood flows can pass. This ensures adequate
flow and water depth at the stream crossing in the base pipe or barrel during low and
normal flow periods.

7. Under no circumstances should rock, sand, or other materials be dredged from the
stream channels under authorization of this permit, except in the immediate vicinity
of the culverts. In stream dredging has catastrophic effects on aquatic life and
disturbance of the natural form of the stream channel can cause downstream
erosion problems. The natural dimension, pattern, and profile of the stream above
and below the crossing should not be modified by widening the stream channel or
changing the depth of the stream,

8, The culverts should be placed in a dry work area if possible. Sandbags, flexible
pipe, or other diversion structures should be used where possible to minimize
excavation in flowing water, Materials used for flow diversions should be removed
from the stream bed after completing the construction work.

9. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry changes that can cause a fish kill.

10. Storm water should be directed to buffer areas or retention basins and not routed
directly to streams.

>J 111111:;1 t:L. U V t: cSIares:
Page 4 of6
April 25, 2005:

,

11. Riprap placed for bank stabilization should be limited to the stream bank below the
high water mark and vegetation should be used above. Rip-rap should not be
placed in the stream channel in a manner that obstructs aquatic life passage. .

12. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible at the stream crossings. Native woody vegetation (e.g., rhododendron, dog
hobble, silky dogwood, sycamore, river birch, red maple) should be reestablished
upstream and downstream of the culverts if vegetation is removed during
construction to provide bank stability and shading, We encourage the reuse of
native plants that must be removed from permanently disturbed areas (e.g. new
roads).

13.AII mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.

14. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.

15.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.

16, Turbidity Standard

The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

17. No Impacts Beyond those in Application

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.

18. 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

,

ulJ Illgll:L.OVetstates:
Page 5 of6
April 25,2005:

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, Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed.

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 rip-rap is necessary, it shall not be placed in the
stream bed, unless specifically approved by the Division of Water Quality,

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 9401 Certification has been completed. The responsible party
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.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter, To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail SeNice Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

ullll'I5'CI...-U V CC.SLalCS:
Page 6 of6
April 25, 2005:

,

This letter completes the review of the Division of vVater 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 Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657 or at [e-mail].

Sincerely,

\/.../ /1 i--,1 I /
l ) O~l..l L.... ?- de. c'a. I.CJ'r1 tf<'<.'(

Alan W. Klimek, P.E.

AWKlkhb

Enclosures: GC 3402
Certificate of Completion

cc: Cavanaugh and Assoc., P.A..
11 North Market Street
Suite 101
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0592. S hing leCoveEstates. GC3402 .App roval

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Barnett. Kevin
RnOf~r Fnwr:lrns

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Shingle Cove Estates c/o Michael Kirkpatrick
Project Number 05 0592
Recvd From APP

County Haywood
County2
Region Asheville

Received Date 4/8/05
Project Type Residential SID

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Acres
Basin Req,

Feet
Req.

Prim. Supp.

I NW39 I Stream IOY @N I I 5 -16-( 1 ) Ii3I 140,305. I I 149.00
I I IOY ON I I r---I I I I

MitiQation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 352945 Longitude (ddmmss) 825950

Comments:
Issued out of ARO - 04/25/2005 - KHB

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Kevin Barnett, Asheville Regional Office

Project Name: Shingle Cove Estates
DWQ#: 05-0592
County: Haywood

Date: 4/11/05

To: 60-day Processing Time: 4/8/05 to 6/6/05

r," t' ;;~, 'i N
tl.~ n. n. h. i " '\ \\ i..j \!
P '1\\ I U IJ b u
~ L 6 L.,

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream detern1ination
Wetland detenl1ination and distance to blue-line surface waters on USFW topo maps
D Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

Comments: As per our discussion regarding revision ofthe triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

( "
J . ~\
L::/
CAVANAUGH

Solutions through integrity ond portnership

February 21, 2005

Division of Water Quality
401jWetlands Unit
1650 Mail Service Center, Raleigh, NC, 27699-1650

r~
1t~ ,/7,(J r-~
j H'L, !~:

:['7:
.! ~? f~!'1 rr
(l~.~' ( " ;i' _.J j ,il
. '
i;"

Re: Shingle Cove Estates
C&A No.: 3,03.106
Action 10. 200531022

Dear DWQ,

Enclosed is a check for $200.00 for the Shingle Cove Estates project Nationwide Permit
Number 39. A check was enclosed in the original submittal. However, it was made out
to the wrong party. Please also find a copy of the General Permit (Regional and
Nationwide) Verification.

If you have any questions or comments, please feel free to contact me.

Sincerely,

CAV~GH & ASSOCIATES, P.A. .'

V (.'
;; 7/ 4 )

~UI Dow, .1.
Project Engineer

Enclosures

m[g@[gO\Y1[g@

FEB 2 4 2005

S:\ADWGS\03-1 06\docs\Permits\Letler to Dwa 0221 05.doc

DENR - WATER QUALITY
WETtANDS NlD STORI.IWA TER BRANCH

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

\olp
()~.
l,'C
,.,

Action ill. 200531022

County: Haywood

USGS Quad: Waynesville

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Property Owner / Authorized Agent:
Address: 808 Owl Ridge Rd.
Waynesville, NC 28486
Telephone No.:

Mr. Michael Kirkpatrick

, ,

: i l
I..j .

.,
, ,
J ',.1'
~ :
..

Size and location of property (water body, road name/number, town, etc.): Shinge Cove Estates
development located on 9,434 acre tract in the vi~inity of Sylvan Street, just north of Waynesville.

Description of projects area and activity: This permit authorizes installation of 2 culverted road
crossings impacting <150 LF of unnamed, intermittent tributaries to Richland Creek..

Applicable Law: [8J Section 404 (Clean Water Act, 33 USC 1344)
D Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39

Your work is authorized by the above referenced penirit provided it is accomplished in strict accordance with the
attached Nationwide conditions, the attached January 25, 2005 North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the tenns and conditions of the nationwide permit, activities which have commenced (Le., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case:by-case basis to modify, suspend or revoke the
authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management,

TIus Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulat~ry progra~ ple~e co~tact Steve Chapin at 828-271- ?980 x232.

I'

. Corps Regulatory Official

Steve Chapin

Date: February 4, 2005

Expiration Date of Verification: February 4,2007

...

,"'~ '.

, '! -.....

~I /
'oj ~ J

~ North Carolina Wildlife Resources COlnmission ~

Richard B. Hamilton, Executive Director

January 25, 2005

Mr. Dave Baker
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

SUBJECT:

Mr. Michael Kirkpatrick Nationwide 404 Permit Application
Shingle Cove Estates culverts - UT Richland Creek
Haywood County, North Carolina.

Dear Mr. Baker:

Cavanaugh & Associates~ PA;on behiuf of Mr. Michael Kirkpatrick, requested a letter of concurrence
from the NOr1l1 Carolina Wildlife Resources Coininission (Conimissioil) for a404 Permit from the
U.S. Army Corps of Enginccrs. We reviewed the application and visited the project area on January
24,2005. Our commcnts are pro,:iclcd in accord:mce with provisIons of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Ac.t (48 Stat. 401, as amendcd; 16
U.S.C.661-667d).

The applicant proposes placing 149 linear feet of culvcrts in an unnamed tributary (UT) to Richland
Creek to develop the Shingle Cove Estates subdivision in Waynesville, NOr1l1 Carolina. TIle project
plan also shows a 20 by 30 foot stormwatcr detention basin in the UT as well as an adjacent storm
sewer crossing. These possible stream impacts were not noted in the application.

Richland Creek is classified B by the Division ofWatcr Quality. It is hatchcry supported under the
Designated Public Mountain Trout Water program a short distance downstream of its confluence with
the UT. Rich1and Creek also supports wild brown trout in the area and, consequently, may be
reclassified by DWQ to B trout in the near future. We do not anticipate the occurrence of trout in the
UT. However, it is our opinion t1Iat tile proposed project has tile potential to adversely affcct trout
resources if sedimcnt from construction reaches Richland Creck during the spawning season.

TIle Commission is conccrned about potential adverse effects of tile project on trout and othcr aquatic
resources in this drainage. Small headwatcr streams are particularly important to tile overall water
quality ofwatershcds and provide important habitat for amphibians and otller wildlife. Therefore,
before issuance of a permit for this project., we recommend verifying that amount of culvert (i.e.
length) requested is necessary because of site conditions. I was unable to locate the actual stream
crossing locations during tile site visit. Similarly, we recommend verifying that additional stream
impacts will not be necessary for any culvert inlet and outlet protection, as well as for other possible
in stream construction dcnoted in the plan. We typically recommend against tile construction of
stormwatcr structures on streams because t1ley block aquatic life passage.

Mailing Address: Division of Inland Fishcries . 1721 Mail Service Ccntcr . Ralcigh, NC 27699-1721
Telephone: [phone] ext 281 . Fax: [phone]

,..,

Kirkpatrick, Shingle Cove Estates
Haywood County, UT Richland Creek

Page 2

January 25, 2005

Upon resolving the concerns outlined above, we can concur Witll the project provided tile following
conditions, which we feel would help reduce adverse effects on resources, are attached to the pennit
and implemented:
1. Construction in tllis stream and disturbance within a 25-foot buffer should not be conducted
during tile October 15 to April 15 trout spawning period to avoid adverse effects of sediment
on eggs and larvae found in downstream areas. However, because of the small size of the UT
and distance to Richland Creek, we believe that the potential for sediment reaching Richland
Creek would be low provided appropriate erosion control measures are implemented during
construction. Specifically, bypassing of stream flow Witll flexible pipe and placement ofthe
culverts in dry beds would considerably reduce the potential for downstream sedimentation.
We would not object to construction of the crossings during the spawning season provided
construction was completed in this manner.
2. Adequate sedimentation and erosion control measures must be implemented and maintained
to minimize sediment in areas downstream. Temporal)' (e.g., rye grain, wheat, millet) or
permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long-term erosion control. Erosion control matting should be
used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Matting should be secured in place with staples, stakes, or, wherever possible, live
stakes of native trees.
3. Culverts that are less tl1a1148 inches in diameter should be installed Witil 20% of tile diameter
of the culvert placed below the level of tile stream bottom to allow the accumulation of
natural stream bottom materials in the culvert and to facilitate aquatic life passage during
periods of low stream flow. Larger diameter culverts should be placed I foot below the
stream bottom. The culvert should be placed in the main flow channel (i.e. thalweg). Partial
burial oftlle culvert in this manner also may require increasing the size of the culvert to meet
flow conveyance requirements.
4. Under no circumstances should rock, sand, or other materials be dredged from the wetted
stream channels under authorization of this permit, except in the immediate vicinity of the
culverts. In stream dredging has catastrophic effects on aquatic life and disturbance of tile
natural form of the stream channel can cause downstream erosion problems. The natural
dimensio~ pattern, and profile of the stream above and below the crossing should not be
modified by widening the stream channel or changing the depth of the stream.
5. The culverts should be placed in a dry work area if possible. Sandbags, flexible pipe, or other
diversion structures should be used where possible to minimize excavation in flowing water.
Materials used for flow diversions should be removed from the stream bed after completing
the construction work.
6. If concrete is used during construction (e.g., headwalls), a dry work area must be maintained
to prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts live concrete should not be discharged to surface waters due to tile potential for
altered water chemistry and toxicity to aquatic life.
7. Storm water should be directed to buffer areas or retention basins and not routed directly to
streams.
8. Riprap placed for bank stabilization should be limited to the stream bank below the high
water mark and vegetation should be used above. Rip rap should not be placed in the stream
channel in a manner that obstructs aquatic life passage.
9. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible
upstream and downstream of the culvert. Native woody vegetation (e.g., rhododendron, dog
hobble, silky dogwood, sycamore, river birch, red maple) should be reestablished upstream
and downstream of tile culverts if vegetation is removed during construction to provide bank
stability and shading. We encourage the reuse of native plants that must be removed from
permanently disturbed areas.

Kirkpatrick, Shingle Cove Estates
Haywood County, UT Richland Creek

Page 3

January 25, 2005

10. All mechanized equipment operated near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or
other toxic materials.
II. Discharging hydro seed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
12. To help protect habitat and water quality from the cumulative effects of additional
development, vegetated buffers should be maintained along all streams on the tract. These
buffers and remaining lengths of streams should be protected in perpetuity from fill,
vegetation removal, and other fonns of disturbance with conservation easements, deed
restrictions, or similar enforceable instruments. We recommend implementing a lOa-foot
buffer on all perennial streams and a 50-foot buffer on all intennittent streams for effective
water quality protection, for stream shading, and for maintaining adequate wildlife habitat
corridors. These efforts are particularly important since the road system alone will result in
approximately 10% imperviousness on the tract and studies have documented aquatic habitat
degradation in watersheds with impervious coverage approaching and above 10%.

Thank you for the opportunity to review and comment on this project. Pending availability of field
staff, the Commission may inspect tile work site during or after construction. If there are any
questions regarding these comments, please contact me at [phone] extension 24.

Sincerely,

~~,

Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program

cc: Mr. Paul Dow, Cavanaugh & Assoc. PA,
Mr. Kevin Barnett, Division of Water Quality, Asheville

PAYMENT
RECEIVED

050592 &~~\'
CAVANAUGH

April 5, 2005

Solutions through intcgrity and partncrs/lip

Laurie Dennison
Division of Water Quality
Wetlands 401 Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604

Re: Shingle Cove Estates
C&A No.: 3.03.106

v' r n r'"

i ,J J: /'! :"..
..I ~',: ;,
L .......-1 ""'-'-:1

t~~ ii' ":"; ~"~ r,: .~.
L ~ ,. [, _J 1.!
, : [" ,
-\..J:i J

Dear Laurie:

Please find enclosed the following items for the Shingle Cove Estates project in
Waynesville, NC:

1. One (1) copy of the General Permit Verification from the USACE
2. One (1) letter from the NCWRC regarding the 404 Pemlit Application
3. Seven (7) copies of the Pre-construction Notification Application

S~IY,

K~wl E.I.
Project Engineer

Attachments

!fI&@&OfYJ&1iiI
APR R /P;
lnnr:
D'!
II'fTzilNR. WAr'
'Os AND STO~~ QUAL I rr
YATER BRANCH

S:\ADWGS\03-106\docs\laurie Dennison DWa.doc

.'

..

P/\YMENT
RECEIVED

--p@@OW&@-

APR 8' - 2005

\\'En.Z~~~~~1~~ QUALITY
\,/'Iv/WATER 8FWJcH
~-~ , 1 ~" " \ ., 'I
"ii' . 'J \1
, 't,< .,~~~f >J ~ J
~ ;~ ~~,~~1 ._'J

Pre-Construction Notification (peN) Application Form

For Section 404 and/or Scction 10 Nationwide, Regional and General Permits, Scction 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules

This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(OWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. ~ivision of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individua1401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://v.'V.iw.saw.usace.anny.mil/wetlandslPermapp.htm.

The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.lL.>ace.annv.mil/wetlands/index.htm. or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.

The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit OWQ's 401IWetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, v.TItten approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].

Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.

Page I of 13

Coastal Area Management Act (CAMA) Coordination -lfthe project occurs ill any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.

The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit The addresses for
both agencies are listed on page 3 of this application.

USt\CEPc.rmits - Sybmit on~c;opy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.anTIy.mil/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.

401 Water Quality Certification or Buffer Rules - Ail information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
. information, see the DWQ website at http://h20.ehnr.state.nc.\L<;/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Ru1e approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver ofa Section 401 Water Quality Certification. Upon receipt ofa complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.

Page 2 of 13

US Army Corps Of Engineers Ficld Offices and County Covcrage
Asbeville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Asbe Cherokee Iredell Mitchell Union
Room 208 A very Clay Jackson Polk Watauga
A:;bevillc, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabanus Graham Madison Stmlley
Raleigh Regulatory Field Office Alamance Franklin Nash SWT)'
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Per:;on Warren
Raleigb,NC 27615 Davie Halifax Randolpb Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
- -Fai:-{919)876=582J - _._----------~._- - - EdgeroJ:nbe --Lec---- - Stokes---- - Yadkin -----
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington. NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Cbowan Benford PasquotmIk
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington. NC 28402-1890 Carteret Montgomcl)' Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland

North Carolina Statc Agcncies

Division ofWatcr Quality
401 \\-ellands Unit
1650 Mail Service Center
Raleigh. NC 27699-1650
Telephone: [phone]
Fax: [phone]

Division of Water Quality
Wetlands Rt::;tor.lliun Progr.llll
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

Stltc Historic Preservation Office
Dt:partmt:nt Of Cultur.1l Rt::;Ulrrce:;
4617 Mail Service Center
Raleigh, NC 27699-4617
Telepbone: [phone]
Fax: [phone]

US Fish and Wildlife Service I National Marine Fisheries Service

US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh. NC 27636-3726
Telephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]

National Marine Fisheries Service
Habitat Con:;t:rvation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]

Page 3 of 13

Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]

Western Piedmont Region Coordinator
3855 Idlewild Road
KemersvilJe, NC 27284-9180
Telephone: [phone]

Mountain Region Coordinator
20830 Great Smol.J' Mtn. E};pressway
Wayncsvillc, NC 28786
Telephone: [phone]
Fax: [phone]

CAMA and NC Coastal Counties

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NCWRC and NC Trout Counties

Alleghany
Ashe
A very
Burke

~ -- -- _._--_._--- -
Buncombe
Cherokee
Clay
Graham
Haywood

Caldwell
Mitchell
Stokes
Surry

Henderson
Jackson
Macon
Madison
McDowell

Hertford
Hyde
New Hanover
Onslow
Pamlico

Watauga
Wilkes

Polk
Rutherford
Swain
Transylvania
Yanccy

Pasquotank
Pender
Perquimans
Tyrrell
Washington

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.

Page 4 of 13

~&l@&lU\Yl&l @

APR 8 2005

P/\ '.I/IVI. F IIJ T
.1 ,~I.

RECEIVED

..

- --nt:ttn- .

\mWIDS Nm STOHUWATER BrWlCH

Fonn Version May 2002
o i10E)f) 2

Office Use Only:

USACE Action ID No. DWQ No.
(lfany particular item is Dot applicable to this project, please entcr "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
o Section 404 Permit 0
o Section 10 Permit 0
o 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Numbcr(s) Requested: Nationwide #: 39

3. If ~ notification is solely a courtesy copy because written approval wrthe 401 Certification
is not required, check here: [g]

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 VIll and check here: 0

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 hcre: 0

II. Applicant Information

1. Owner! Applicant Information
Name: Michacl Kirkpatrick
Mailing Address: 808 Owl Ridge Road
Wavnesville, NC 28486

Telephone Number: (828)-275-5866
E-mail Address:

Fax Number:

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: Paul Dow
Company Affiliation:
Mailing Address:

Cavanaugh & Associates, P .A.
11 North Market Street.., Suite 101
Asheville, NC 28801

Telephone Number: (828)-255-7596 Fax Number: (828)-255-0770
E-mail Address:[e-mail]

Pagc 5 of 13

Ill. Project Information

Attach a vicinity map clearly showing the location of the property Witll 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 pwposes, 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 proj~~ has_bee~place<! on ho~~ llI!!il d~!pherable maps are provided.
- . -- -

1. Name of project: Shin~le Cove Estates

2. T.l.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (fax PIN): 8606-81-8160

4. Location
County: Haywood Nearest Town: Wavnesville
Subdivision name (include phasellot number): Shingle Cove Estates
Directions to site (include road numbers, landmarks, etc.): Starting from town hall, gO west
on US-23 BRIN Main ST (rd # 1818) towards Woodland Dr. Turn Left to stav on US-23
BRIN Main ST. Go 6/10 ofa mile and turn right onto Depot Street (rd #- 1375). Go 3/10 ofa
mile and left onto Chestnut Park Dr. (rei #- 1181). Chestnut Park Dr. is located on the exterior
of an almost right angle curve. Go 3/10 of a mile up Chestnut Park Dr. and take a left onto
Culpepper Dr. Go less than a 1110 of a mile turn slight right onto Sylvan St Go on down
Sylvan St. and turn left: to stay on Sylvan St At second curve there is a 10' dirt road to the
right. this is the start of the proiect. About 15 to 20 ft down the dirt road is fire hydrant.

5. Site coordinates, if available (UTM or LatlLong): N/A
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinatcs for each crossing of a distinct waterbody.)

6. Property size (acres): 9.434 acres

7. Nearest body of water (stream/river/soundloceanllake): Richland Creek

8. River Basin: French Broad

Page 6 of 13

(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/adminlmaps/.)

9. Describe the existing conditions on the site and general land use in tlle vicinity of the project
at the time of this application: undeveloped edge of neighborhood.

10. Describe the overall project in detail, including the type of equipment to be used: The
project will consist of extending lancing road to loop into Sylvan drive. Both of which are
currently dead end drives. The CQuipment that will be needed for the project are a D-5 dozer,
a trackhoe, mini-excavator, 334 bobcat., and tandem/single axle dump trucks.

11. Explain the purpose of the proposed work: To create a subdivision.

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.
N/A

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.
N/A

VI. Proposed Impacts to Waters of the United St:ltesfWatcrs ofthc State

Page 7 of 13

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 VlI below. Ail proposed impacts, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. Ail 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.

1. Provide a written description of the proposed impacts:

Installation of 2 culverts.

2. Individually list wetland impacts below:

W ctland lmpact Area of Located within Distance to
Site Number Type of Impact. Impact IOO-year floodplain*. Nearest Stream Type ofWetland***
(indicae on map) (acres) (yes/no) (linear feet)
N/A N/A N/A N/A N/A N/A

· List each impact :,cpar.ueiy and identify Lcmpor.1r)' impacts. Impacts include, but are notlinli1ed 10: mechanized clearing, grading, fiI~
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due 10 both structure and flooding.
.. 100- Y ear floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Ser\-ice Center at 1-&00-358-9616, or
online at http:/{wwvdema.gov.
*** List a wetland type th31 best describes wetland 10 be impacted (e.g., freshwater/saltw31er 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: N/A.
Total area of wetland impact proposed: N/A

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of A verage Width Perennial or
Site Number Type of Impact * Impact Stream Name" ofStrcam Intenniuent?
(indicate on map) (linear feet) Before Impact (please specify)
I Culverts 68LF UT Richland 4' Intenniltent
2 Culverts 81 LF UT Richland 4' Intermittent

Page 8 of 13

-I

I I

List each impact separately and identify temporary impacts. Impacts include, but are nollimiled 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 wal~ rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
... Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed uibutary) to the nearest
downstream named stream into which it flows. USGS maps are available throngh the USGS at 1-800.358-9616, or online at
WWW.USj!S.l!OV. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tOl>Omne.com..
'www.m;mQuestcom.,etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 149 LF

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 Area of Name ofWaterbody Type of Watcrbody
Site Number Type of Impact. Impact (Jake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)
N/A N/A N/A N/A N/A

.

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: fil~ 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. AIso, the proposed pond should
be dcscribed hcre and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream 0 wetlands
Describe the method of construction (e.g., damlembank:ment, excavation, installation of
draw-down valve or spillway, etc.):_N/A

Proposed usc or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):_N/A

Size ofwatcrshed draining to pond:_N/A

Expected pond surface area:_N/A

VII. Impact Justification (A\'oidancc 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. AIso 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.
Inlet protection and energy dissipaters will be installed at each culvert. A
sediment/storm water basin will be constructed to minimize tlle downstream disturbance.

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
httv:1 fh20.enr.state.nc.usIncwetlandslstrm gide.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 off site), affected stream and river basin, type and amount (acrcage/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 ifmore space is nceded.
_N/A

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

Page 10 of 13

[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 http://h2o.enr.state.nc.us/wm/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):_N/A
Amount of buffer mitigation requested (square feet):_N/A
Amount of Riparian wetland mitigation requested (acres):_N/A
Amount of Non-riparian wetland mitigation requested (acres):_N/A
Amount of Coastal wetland mitigation requested (acres):_N/A

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 D No [2J

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (far-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No [8] If you answered "yes", provide the following information:

Page 11 of 13

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) Mitigation
1 3
2 1.5
Total

.

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 ex1ends an
additional 20 feet from the edge of Zone l.

If buffer mitigation is requir~ please discuss what type of mitigation is proposed (i.e., Donation
ofPropcrty, Conservation Easement, Riparian Buffer Restoration 1 Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. Stornnvater (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.
The existing impervious acreage is .023 acres. This is a doublewide trailer and porch. The new
road will add .559 acres of impervious acreage. The total impervious acreage after completed
construction is .968 acres

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.
Sewage from the site will connect to the municipal gravity sewer line.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No fZ]

Is this an after-the-fact permit application?
Yes D No fZ]

Page 12 of 13

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).
N/A

IA ~n(ffkJ[ l-t-6i

(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 13 of 13