20050907 Ver 1_Complete File_20050524

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
we Supervisor:
Date:

Kevin Barnett
ROGer Frlw;:lrds

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Town of Sawmills - Nature Trail

Project Number 05
Recvd From APP
Received Date 5/24/05 Recvd By Region
Project Type Recreational - Nature trail

0907

County Caldwell
County2
Region Asheville

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I CBRO I Buffers I@Y ON I I 11-(37) IWSIV' I CA 130,831. I 0.091
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) 354709 Longitude (ddmmss) 812908

Comments:
Issued - ARO - KHB - 06/21/2005

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Date: 5/26/05

Project Name: Town of Sawmills Nature Trail
DWQ#: 05-0907
County: Caldwell

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 5/24/05 to 7/22/05

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

~'\'\ f'~.l ~.1L -l
\\'\ ' Ii 'J I
'> .) ) C~~SuLT^NTS Pile

405 South Sterling Street, Morganton NC 28655
828 433 5661 / fax [phone] / [e-mail]

May 17,2005

Mr. Bob Zarzecki
DWQ - 40l/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

~{g@{gDW[g ~

MAY 2 4 2005

DENR. WATER QUALlT)', "..
\'iEllAtlDSNlD STORM'NATER b""/,,,H

RE: Town of Sawmills
Veterans Memorial Park Phase
Catawba River Buffer Rule

Dear Mr. Zarzecki:

The enclosed PCN Application is to request approval for encroachment into the Catawba River
Buffer by a paved walking trail and associated appurtenances. This is the same project that you
and Jim Reid reviewed on a preliminary basis in July, 2004 (see attached e-mails). No trees in
the Buffer are to be removed and all structures will be open-slatted. This is solely a Buffer Rule
request.

If you need additional information concerning the above, please let me know.

Sincerely,

WEST CONSULTANTS, PLLC

~~

Benjamin B. Thomas, P.E.

/kj

Enclosures

, 'i Ii"-

p:; ; =-- '-

MAY 2 4 2005

ENR WATER QUALlT'I
.a&-;,;," ,;,1'\ C:TI"\RMl'YA1ER BfW.CH

Office Use Only:

Fonn Version May 2002

USACE Action ID No. D\VQ No.
(If any particular item is not applicable to this project please enter "Not Applicable" or "N/ A".)

I. Processing

1. Check all of the approval(s) requested for this project:
o Section 404 Permit [gJ
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 Number(s) Requested:

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ON/ A

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complete
section VIII and check here: ON/ A

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: ON/A

II. Applicant Information

1. Owner/Applicant Infornlation
Name: TOWN OF SAWMILLS
Mailing Address: 4076 HIGH\V A Y 321-A
GRANITE FALLS, NC 28630

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

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: BENJAMIN THOMAS. P.E.
Company Affiliation: WEST CONSULTANTS, PLLC
Mailing Address: 405 SOUTH STERLING STREET
MORGANTON, NC 28655

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

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:TOWN OF SAWMILLS VETERAN'S MEMORIAL PARK PARKING
AREA PROJECT. CALDWELL COUNTY. NC

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/ A

3. Property Identification Number (Tax PIN): N/A

4. Location
County: CALDWELL Nearest Town: SAWMILLS
Subdivision name (include phase/lot number): N/ A
Directions to site (include road numbers, landmarks, etc.): BEGINNING AT THE
INTERSECTION OF SR 1115 AND SR 1122. PROCEED SOUTH TOWARDS
RHODHISS LAKE FOR APPROXIMATELY 1.1 MILES TO THE SITE

5. Site coordinates, if available (UTM or Lat/Long): N 350-47.154' W 810-29.133'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): 63.48 ACRES

7. Nearest body of water (streamlriverlsoundlocean/lake): RHODHISS LAKE

8. River Basin: CAT A WBA
(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/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: THE SITE IS A GRASSED. WOODED AND SOIL AREA
NEAR A LAKE SHORELINE. A WOODED AREA AND WATER TREATMENT
FACILITY ARE IN THE UPHILL VICINITY.

Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used:
A FIVE FOOT WIDE ASPHALT NATURE TRAIL WILL BE INSTALLED NEARLY
PARALLELLING THE LAKE SHORE LINE. THREE POINTS ALONG THE TRAIL
WILL HAVE WOOD DECKING THAT WILL ENABLE OBSERVATION BY PARK
USERS. ALSO. ANGLER ACCESS POINTS WILL BE CREATED BY THE
PLACEMENT OF LARGE ROCK ALONG THE SHORE LINE. THIS CONSTRUCTION
WILL BE DONE MANUALLY AND WITH SMALL CONSTRUCTION EQUIPMENT
SUCH AS A FRONT END LOADER-BACKHOE.

11. Explain the purpose of the proposed work: THE PURPOSE OF THE CONSTRUCTION IS
TO FACILITATE LAKE USE ESPECIALLY FOR VISITORS WITHOUT BOATS AND
TO PROVIDE ADDITIONAL RECREATIONAL OPPORTUNITIES FOR PARK USERS.

IV. Prior Project History

If jurisdictional detem1inations 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.
A PREVIOUS PHASE (FISHING PIER. ACCESS PATII AND STEPS) HAS BEEN APPROVED ACCORDING TO A
LEITER DATED JULY 6.2004. COPY A IT ACHED. FROM TIfE DIVISION OF WATER QUALITY. TIlE REQUEST FOR
THAT APPROVAL WAS RECEIVED BY DWQ JUNE 15.2004. TIfE APPROVAL LEITER REFERENCES DWQ
GENERAL WATER QUALITY CERT. NO.S 3373 (GC3373) WInCH ALLOWS REG. GEN. PERMIT NO. 198200030
FROM USACE. ALSO. TIfE APPROVAL LEYrER REFERENCES DWQ PROJECT #04-0469.

V. Future Project Plans

Are any future pem1it requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NO

VI. Proposed Impacts to 'Vaters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to detem1ine, 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

Page 7 of 13

mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

I. Provide a written description of the proposed impacts: INST ALLA nON OF ASPHALT
TRAIL WILL PROVIDE A SMOOTH SURF ACE FOR PEDESTRIAN AND WHEEL
CHAIR TRAFFIC. WOODEN W ALKW A YS AND DECKING WILL ENABLE EASIER
TRAVEL AND PROVIDE OBSERVATION AREAS. LARGE ROCKS PLACED
BETWEEN THE WATER AND THE TRAIL WILL ENABLE ANGLER ACCESS.

2. Individually list wetland impacts below: N/ A

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact IOO-year Floodplain** Nearest Stream Type ofWetlalld***
(indicate on map) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading. fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** IOU-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM:), or FEMA-approved localll00dplain maps. Maps arc available through the FEMA tvfap Service Center at 1-800-358-9616, or
online at httpJ/w\\Wrem:! gO\'.
*** List a wetland type that best describes wetland to be impacted (e.g., trcshwater/saltwatcr marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detcnninatioll of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: Nt A
Total area of wetland impact proposed: N/A

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

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream IntenniUent?
(indicate on map) (linear feet) Before Impact (please specifv)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately li~1. impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization acti,'ities (cement \\atl, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If strcum relocation is
proposed, plans and profiles sho\\ing the linear footprint for both tile original and relocated streams must be included.

Page 8 of 13

Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (UlUlamed tributary) to the ncarcst
dO\\TIslream named stream into which it 110ws. USGS maps arc available through the USGS at 1-800-358-9616, or online at
\\\\W.U';!!S!!O\. Several intemct sites also allow direct dO\\1110ad and printing of USGS maps (e.g., \\\\wtopo/onecorn.
\\\\W.llWPquCSI.COlll, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A

Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact * Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean. etc.)

*

List each impact separatcly and identity temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
110oding, drainage, bulkheads, etc.

5. Pond Creation N/A
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): D uplands D stream D 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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
P ARRALLELLING THE SHORE LINE PROVIDES GENTLE SLOPES INSURING
HANDICAP ACCESSIBILITY AS WELL AS AESTHETICALLY PLEASING VIEWS OF
THE AREA. ALSO, SINCE THE TRAIL NEARLY FOLLOWS THE CONTOURS OF THE
LAND, LESS CONCENTRA nON OF RUNOFF WILL OCCUR. FINALLY, IN THE
BUFFER, NO TREES WILL BE REMOVED.

VIII. Mitigation

Page 9 of 13

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. N/ A

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
http://h2o.enr.state.nc.us/ncwetlands/ strmgide. html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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
[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://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A

Page 10 of 13

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

Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federaVstate) funds or the use of public
(federaVstate) land?
Yes D No f?3J

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP 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

IX. Proposed Impacts on Riparian and \Vatershed Buffers (required by DWQ>

It is the applicant's (or agent's) responsibility to detemline, 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 28 .0233
(Neuse), 15A NCAC 28 .0259 (Tar-Pamlico), 15A NCAC 28 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify: 15A NCAC 2B .0243
CAT A WBA)?
Yes f?3J No D If you answered "yes", provide the following information:

Page II 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 [eet) Mitigation
1 2,943 3
2 7GG 1.5
Total 3,709

.

Zone 1 ex1ends out 30 feet p~-rpcndicular from near oonk of chmmcl; Zone 2 ex1ends an
additional 20 feet from the edge of Zone 1.

lfbuffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within I 5A NCAC 28 .0242 or .0260.
N/A

X. Stormwater (required by D\VQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storm water controls proposed in order to protect surface waters and wetlands
downstream from the property.
EXISTING IMPERVIOUS AREA = 0 ACRES, PROPOSED IMPERVIOUS AREA = 1.43
ACRES. TOTAL ACREAGE OF SITE= 63.48 ACRES. EROSION CONTROL MEASURES
ARE PART OF THE SITE PLAN, FOR EXAMPLE, ROCK OUTLET PROTECTION.

XI. 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.
1260 GPD ---- SEPTIC SYSTEMS FOR REST ROOMS

Violations (required by D\VQ)

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

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

XII. 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

Page 12 of 13

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).

~e/'Z~ A '1-,), ~-c) S-
APpli~~;;- Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 13 of 13

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TOWN OF SAWMILLS
VETERANS
MEMORIAL PARK

Phase 1

I Phase 3 I
ConcessJcn I Restroom I PresslxlJt
(for baseball fields)

Fishing Pier
Walking Trail
Parking Lot (next to tran head)
Restroom (next to trail ~ead)
Gazebo
Picnic Table.

Phase 4

250' Ball Field (basebaU f loft.ball)
300' Ban Field (bauban IlOftball)
Baaeban Pariling (75 vehicles, gr....el)
Bleacher.
Backstops. Dugouts, Fencing
Playground Equipment
20'.40' Picnic Shenor

Phase 2

Ball Field (soccerlfootban)
Fencing
Sle.chert
Goat.
Horesho. Pit
Long Walking TraU
Volleyball Court

Phase 5

Light! a.afield,
Pave 2 Gravel ParkIng loti

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drawing by Coen Design; VWCOG Data Center; ; ;-"
Caldwell County GIS; City o( SawmillS, NC; NCGIA)

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Legend l Lighting
@ Volleyball 1ti Picnic Shelter
(J Horseshoe Pit Picnic Table
D Fishing Pier 00 Restrooms
Gazebo Existing Trail
Kiosk Proposed Trails

~ Playground
Edge of Clearings
Lake Rhodhiss
/"J Elevation Contours (5' Intervals)
Roads & Parking Lots (Existing)
NC Wildlife Maintenance Area

Benjie Thomas

From:
Sent:
To:
Subject:

Jim Reid [[e-mail]]
Wednesday, July 14, 2004 9:57 AM
Benjie Thomas; Bob Zarzecki
Re: Sawmills Handicap-Trails

,q};:';1
~

Jim.Reid.vd (369
B)

Benjie,
As the CTB Buffer "allow" (ie: "allowable" as defined in the reg) greenway trails, paving
would be an option here (ie: could be done with DWQ's concurrence). Based upon current
site conditions, paving within reason (1 mean "all factors considered") would be
approvable at the subject site. Jim

Benjie Thomas wrote:

> Jim,

>

> Thank you for the feedback. \'lhat about the possibility of paving the
> trail?

>
> Benjamin (Benjie) B. Thomas. P.E.
> West Consultants, PLLC
> 405 S. Sterling Street
> Morganton. NC 28655
> Phone: [phone]
> Fax: [phone]
> e-mail: [e-mail]

>

> -----Original Message-----
> From: Jim Reid [mailto:[e-mail]]
> Sent: Wednesday, July 14, 2004 8:50 AM
> To: [e-mail] Bob Zarzeckij Danny Smith
> Subject: Sawmills Handicap-Trails

>

> Benjie.
> Central Office Staff and Regional Office Staff visited the site of
> Sawmills' proposed handicap-access trails. There should be no problem
> securing this agency's approval for trails at the location (near
> Lenoir's water intake) you showed Laurie Moorhead and me. Your
> patience and cooperation is this matter are sincerely appreciated. Jim
> Reid

>
> --
> Jim Reid - [e-mail]
> North Carolina Dept. of Environment and Natural Resources Asheville
> Regional Office Division of Water Quality - Water Quality Section
> 2090 U.S. 70 Highway
> Swannanoa, NC 28778
> Tel: [phone]
> Fax: [phone]

Jim Reid - [e-mail]
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office
Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]

1

Town of Sawmills
Page 2 of2 ,
July G, 2004

The Additional Conditions of the Certitication are:

- o~mXWA~TE:lYoc-

'- DUJG)7
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r.1lcl1ael r. I::asley. Governor

William G. Ross Jr., Secretury
NOIth Curolina Dcpurtment of Environment and Natuml Resources

Alan W. Klimek. P. E. Director
Coleen H. Sullins, Deputy Director
Division of Wuter Quality

July 6, 2004

DWQ Project it 04-0469
Caldwell County
Page 1 of 2

Town of Sawmills
4076 Highway 321-A
Granite Falls, NC 28630

~ubject Property:

Fishing Pier & Access Path, Lake Rhodhiss, Sawn~ilIs, NC
Lake Rhodiss (Catawba River) [03-08-31, 11-37, WS-IV B CA]

Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions

To Whom It May Concern:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact approximately 9,000 square feet (ft2) of protected riparian
buffers for the purpose of installing a fishing pier, 5-foot wide access path and concrete steps as
described within your revised plans dated June 2004 and received by the N.C. Division of Water
Quality (DWQ) Wetlands/401 Unit on June 15,2004. After reviewing your application, we have
decided that the impacts to waters for the construction of the fishing pier arc covered by the
DWQ General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s)
allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps
of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you should
obtain or otherwise comply with any other required federal, state or local pennits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and Duke
Power regulations and permits. 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. This approval requires you to follow
the conditions listed in the attached certification and any additional conditions listed below.

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 27G04.22GO (Location)
(919) 733-178G (phone), 919-733.G893 (fax). (http://h2o enrstate.nc.tJs/ncwetlilnds)
Customer Service II: 1.877.G23-G748

... ~.7,;1'^
.u..V~}._
NCDENR

Town of Sawmills
Page 2 of2 "-
July 6, 2004

The Additional Conditions of the Certification are:

1. Diffuse Flow - An additional condition is that all storm water shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B .0243(5).

2. 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 401lWetlands Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.

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

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

Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B
.0243. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.

Sincerely,

(p~'

Alan W. Klimek, P.E.

A WKfbz

Enclosures: Certificate of Completion
GC 3373

cc: Jeff Ferguson, N.C. WRC, 171 Southern Cross Rd., Weaverville, NC 28787
Benjamin Thomas, P.E., West Consultants, PLLC, 405 S. Sterling St., Morganton, NC 28655
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files

Filename: 040469

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 prqperties. Both the vicinity maD
fK{lB~llduWLS W
MAY 2 Ii 2005

Office Use Only:

DENR. WATEH QUALITY
\'i'E1WIDS MID STORl.lWATER BRANCH
Fonn Version May 2002

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project. please enter "Not Applicable" or "N/ A".)

I. Processing

1. Check all of the approval(s) requested for this project:
D Section 404 Permit ~
D Section 10 Permit 0
o 40 I Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested:

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ON/ A

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complete
section VIII and check here: ON/ A

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: ON/A

II. Applicant Information

1. Owner/Applicant Information
Name: TOWN OF SAWMILLS
Mailing Address: 4076 HIGHWAY 321-A
GRANITE FALLS, NC 28630

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

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: BENJAMIN THOMAS. P.E.
Company Affiliation: WEST CONSULT ANTS, PLLC
Mailing Address: 405 SOUTH STERLING STREET
MORGANTON, NC 28655

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

Page 5 of 13

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 ASPHALT
TRAIL WILL PROVIDE A SMOOTH SURF ACE FOR PEDESTRIAN AND WHEEL
CHAIR TRAFFIC. WOODEN W ALKW A YS AND DECKING WILL ENABLE EASIER
TRAVEL AND PROVIDE OBSERVATION AREAS. LARGE ROCKS PLACED
BETWEEN THE WATER AND THE TRAIL WILL ENABLE ANGLER ACCESS.

2. Individually list wetland impacts below: Nt A

Wetland Impact Area of Located within Distanee to
Site Number Type of Impact* Impact IOO-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)

· List each impact sepamtely and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill,
excavation, Hooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
.. IOO-Year floodplains arc idcntified through tilc Federal Emergency Management Agency's (FE~fA) Flood Insurance Rate Maps
(FIRM), or FE~fA-approved local l100Jplain 1114lpS. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJI\\,\w. fcma !::O\'.
... List a wetland type tlwt best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (dctl.'nnil14ltion of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: Nt A
Total area of wetland impact proposed: NtA

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

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stre;un Intel1niltent?
(indicate on map) (linear feet) Before Impact (please specify)

List each Impact separately and IdentIfy temporary Impacts. hnpacts mclude, but are not 1l1lllted to: culverts and associated rip-rap,
dams (separately li~1 impacts due to both structure and Hooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activitics (ccmcnt wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightcning, etc. If stream relocation is
proposed, plans and profiles ShO\\1ng tlle linear footprint for both tllC original wld relocatcd streams must be incluuoo.

Page 8 of 13

OR Stream namcs can bc found on USGS topographic maps. If a stream has no namc, list as UT (wmamcd tributary) to thc ncarcst
dO\\llstream namcd stream into which it 110ws. USGS maps arc availablc through thc USGS at 1-800-358-9616, or onlinc at
W\\ww;!:~!.'o\'. Scveral inlemet sitcs also allow direct dO\\1110ad and printing of USGS maps (e.g., \\\\\\'lop%ncrolll,
\\ww.mapqucsl.colll, cte.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A

4. Individually list an open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A

Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)

.

List each impact separately and idcntify temporary impacts. Impacts include, but arc not limill.'lJ to: fill, excavation, dredging,
l100ding, drainage, bulkheads, cte.

5. Pond Creation N/ A
If construction of a pond is proposed, associated w,etland 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): D uplands D stream D 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 stonnwater 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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
P ARRALLELLING THE SHORE LINE PROVIDES GENTLE SLOPES INSURING
HANDICAP ACCESSIBILITY AS WELL AS AESTHETICALLY PLEASING VIEWS OF
THE AREA. ALSO, SINCE THE TRAIL NEARLY FOLLOWS THE CONTOURS OF THE
LAND. LESS CONCENTRA nON OF RUNOFF WILL OCCUR. FINALLY. IN THE
BUFFER, NO TREES WILL BE REMOVED.

VIII. Mitigation

Page 9 of 13

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

Environmental Documentation (required by D\VQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes 0 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 (NEP AlSEP A)?
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 0 No 0

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 0 No 0

IX. Proposed Impacts on Riparian and 'Vatershed 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
~nnlic.::lnt'~ cii~n>ti()n

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. N/ A

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
http://h2o.enr.state.nc.us/ncwet1ands/strmgide.htm1.

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

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 http://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): N/ A
Amount of buffer mitigation requested (square feet): N/A

Page 10 of 13

Identity the square feet and acreage of impact to each zone of the riparian butTers. If butTer
mitigation is required calculate the required amount of mitigation by applying the butTer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
I 2,9.n 3
2 766 1.5
Total 3,709

*

Zonc I cx1cnds out 30 feet perpendicular trom near bank of chalUlcl; Zonc 2 cx1cnds an
additional 20 feet from thc cdge of Zonc I.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian ButTer Restoration I 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

X. Stormwater (required by D\VQ)

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.
EXISTING IMPERVIOUS AREA = 0 ACRES. PROPOSED IMPERVIOUS AREA = 1.43
ACRES. TOTAL ACREAGE OF SlTE= 63.48 ACRES. EROSION CONTROL MEASURES
ARE PART OF THE SITE PLAN. FOR EXAMPLE, ROCK OUTLET PROTECTION.

XI. 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.
1260 GPD ---- SEPTIC SYSTEMS FOR REST ROOMS

Violations (required by D\VQ)

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

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

XII. 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

Page 12 of 13

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).

~~- A '1-).. S--o S-
,,- -ipPIi~l;:t/~e~;~;;- Date
(Agent's signature is valid only ifan authorization letter from the applicant is provided.)

Page 13 of 13

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Benjie Thomas

From:
Sent:
To:
Subject:

Jim Reid [[e-mail]]
Wednesday, July 14, 2004 9:57 AM
Benjie Thomas; Bob Zarzecki
Re: Sawmills Handicap-Trails

~

Jim.Reid.vd (369
B)

Benjie,
As the CTB Buffer "allow" (ie: "allowable" as defined in the reg) greenway trails, paving
would be an option here (ie: could be done with DWQ's concurrence). Based upon current
site conditions, paving within reason (I mean "all factors considered") would be
approvable at the subject site. Jim

Benjie Thomas wrote:

> Jim.

>

> Thank you for the feedback. what about the possibility of paving the
> trail?
>
> Benjamin (Benjie) B. Thomas, P.E.
> West Consultants, PLLC
> 405 S. Sterling Street
> Morganton. NC 28655
> Phone: [phone]
> Fax: [phone]
> e-mail: [e-mail]

>

> -----Original Message-----
> From: Jim Reid [mailto:[e-mail]]
> Sent: Wednesday, July 14, 2004 8:50 AM
> To: [e-mail]; Bob Zarzecki; Danny Smith
> Subject: Sawmills Handicap-Trails

>

> Benjie,
> Central Office Staff and Regional Office Staff visited the site of
> Sawmills' proposed handicap-access trails. There should be no problem
> securing this agency's approval for trails at the location (near
> Lenoir's water intake) you showed Laurie Moorhead and me. Your
> patience and cooperation is this matter are sincerely appreciated. Jim
> Reid

>
>
> Jim Reid - [e-mail]
> North Carolina Dept. of Environment and Natural Resources Asheville
> Regional Office Division of Water Quality - Water Quality Section
> 2090 U.S. 70 Highway
> Swannanoa, NC 28778
> Tel: [phone]
> Fax: [phone]

Jim Reid - [e-mail]
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office
Division of vlater Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa. NC 28778
Tel: [phone]
Fax: [phone]

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TOWN OF SAWMILLS
VETERANS
MEMORIAL PARK

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Phase 1

I Phase 3 I
COnce&:.lon I Restrrx.m I Pre:;.;Jx-,lt
(for baseban fields)

fishing Pier
Walking Trail
Parking Lot (next to trait head)
Restroom (nelltto trail head)
Gazebo
Picnic Tables

Phase 4

B9S

Phase 2

250' Bab Field (baseban J IOftbal1)
300' Bad Field (baseball I aofl.baU)
asseba" Pat1r.ing (75 vehicle., gravel)
Bleacher,
aackstops, Dugouts, Fencing
Playground Equipment:
20' x 40' PIcnic Shelter

BaU Field (soccer/footban)
Fencing
Ble.chers
Go.ls
Hor.shoe Pit
Long Walking TraU
Volleyban Court

'50
Fe..

~
N

Legend l Lighting ~ Playground
~ Volleyball tfi Picnic Shelter Edge of Clearings
{J Horseshoe Pit Picnic Table Lake Rhodhiss
D Fishing Pier 00 Restrooms /"J Elevation Contours (5' Intervals)
Gazebo Existing Trail Roads & Parking Lots (Existing)
Kiosk Proposed Trails NC Wildlife Maintenance Area
i
i
~ "

Phase 5

Ught 3 BaUnelds
Pave 2 Gravel Parking Lots

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NCl;V;idlir.
Maintenance Ar..

(This map was aBated by the Western Piedmont -::---'.
Council 0' Governments using data from: a CAD ':'loo.. :;:,
drawing by Coen Design; WPCOG Data Center; ;..~
Caldwell County GIS; City 0' Sawmills, NC; NCG/A)

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IJllctlilell-. cilsley. Governor

William G. Ross Jr., Secretilry
North Cilrolina Department of Environment ilnd Niltural Resources

Aliln W. Klimek. P. E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality

July 6, 2004

DWQ Project it 04-0469
Caldwell County
Page lof2

Town of Sawmills
4076 Highway 321-A
Granite Falls, NC 28630

~ubject Property:

Fishing Pier & Access Path, Lake Rhodhiss, Sawn~ills, NC
Lake Rhodiss (Catawba River) [03-08-31, 11-37, WS-IV B CA]

Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions

To Whom It May Concern:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact approximately 9,000 square feet (ft2) of protected riparian
buffers for the purpose of installing a fishing pier, 5-foot wide access path and concrete steps as
described within your revised plans dated June 2004 and received by the N.C. Division of Water
Quality (DWQ) Wetlands/401 Unit on June 15,2004. After reviewing your application, we have
decided that the impacts to waters for the construction of the fishing pier are covered by the
DWQ General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s)
allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps
of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you should
obtain or otherwise comply with any other required federal, state or local pennits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and Duke
Power regulations and permits. 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 gi ven a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. This approval requires you to follow
the conditions listed in the attached certification and any additional conditions listed below.

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 27G04-22GO (Location)
[phone] (phone). 919.733.G893 (fax). (http://h2ocnrslatc.nc.lJo.lnc\\'ctlands)
Cuslomer Service II: 1-877-623-6748

4"'~TA
~1-'J.~
NCOENR

Town of Sawmills
Page 2 of2 "-
July 6, 2004

The Additional Conditions of the Certification arc:

1. Diffuse Flow - An additional condition is that all stoflnwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15^ NC^C 2B .0243(5).

2. 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 40llWetlands Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.

Violations of any condition herein sct 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 Servicc Center, Raleigh, N.C. 27699~6714. This certification and its
conditions are final and binding unless you ask for a hearing.

Any disputcs over detenninations rcgarding this Authorization Ccrtificate (associated with the
approved buffer impacts) shall be refcrred in writing to the Dircctor for a dccision. Thc
Director's dccision is subject to revicw as providcd in Articles 3 and 4 of G.S. 150B.

This lcttcr complctcs the rcview of thc Division of Watcr Quality under Section 401 of the Clcan
Watcr Act and the Catawba riparian buffcr protcction rulc as dcscribed within 15A NCAC 2B
.0243. If you have any qucstions, plcasc tclephonc John Dorncy at 919-733-9646 or Bob
Zarzecki at 919-733-9726.

Sinccrely,

~~.

Alan W. Klimck, P.E.

A WKlbz

Enclosurcs: Certificate of Completion
GC 3373

cc: Jeff Ferguson, N.C. WRC, 171 Southern Cross Rd., Weavcrville, NC 28787
Benjamin Thomas, P.E., West Consultants, PLLC, 405 S. Sterling St., Morganton, NC 28655
Duke Powcr Lake Management, PO Box 1006, Charlottc, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files

Filename: 040469