20050973 Ver 1_Complete File_20050606

152 EAST MAIN ST. . FOREST CITY, NC 28043
828-247-4495.828-247-4498 FAX

June 28, 2005

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JUL 0 6 2005

Cyndi Karoly
DWQ Wetlands/ 401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

. DENR - WATER QUALITY
\,'ETI.ANDS mo STORMWATER EfW.!CH

RE: Highlands of Lake Lure Phase II
DWQ Project #05-0973

Dear Ms. Karoly:

Upon further review of the \VQC #3402 found on your website, we have concluded that this
project does not need written concurrence from the Division of Water Quality. With the
understanding that all impacts are cumulative and count towards the mitigation threshold, there
were no other impacts in previous phases of this project and this proposed culvert would not
exceed the threshold. We are fonnally requesting that this project be withdrawn.

Please contact our office if you have questions or concerns.

Sincerely,

oJ 0 t---

David W. Odorn, P.E.

cc: Kevin Barnett, D\VQ Asheville Regional Office
USACE Asheville Regulatory Field Office

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~Iichacl F. Easlcy, Govcrnor

William G. Ross Jr., Secrctary
l'\onh Carolina Depanment of Environmcl1l and Natural Resources

Alan W. Klimek. r.E. Director
Division of \Vater Quality

June 21,2005

DWQ Project # 05-0973
Rutherford County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 0..60 0001 9899 0..85

David adorn
Highlands of Lake Lure
152 East Main Street
Forest City, NC 28043

Subject Property:

Highlands of Lake Lure
Phase II

REQUEST FOR MORE INFORIHA TION

Dear Mr. adorn:

On June 6, 2005, the Division of Water Quality (DWQ) received your application to impact 110 linear
feet of streams to construct the proposed Phase II of the Highlands of Lake Lure subdivision. The DWQ
has determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.

Additional Information Requested:

1. Project Information

Under Section II. of your submitted application, you indicated that this is Phase II of the Highlands
of Lake Lure project. Since all impacts are cumulative and count towards the mitigation threshold,
you must provide details related to any previously permitted impacts.

2. Proposed Impacts

Under Section VI. of your submitted application, you indicate that a 110 linear foot culvert will be
installed. There is no discussion of inlet / outlet protection and their respective impacts. You must
include impacts related to inlet / outlet protection as part of your application

3. Impact Justification (Avoidance and Minimization)

Under Section VII of your application you did not provide a 'justification" for the impacts as
requested within this section. You recorded your justification as "Unavoiadable." You must
provide more detail as to the reasons that these impacts are unavoidable in order for this office to
continue it's review of the submitted package.

N~nithCarolina
.Natllmlly

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: hltp://h2oenrstate.nc us/ncwetlands

t,n Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

David Odorn
Page 2 of2
June 21,2005

4. Storm water

Under Section XI. of your submitted application, there is no discussion as to how stormwater will be
dealt with in relation to this project (either during the construction phase, or for the life of the
development). A thoughtful discussion as to how stormwater will be managed for th elife of this
project must be submitted.

5. Sewage Disposal

Under Section XII. of your submitted application, there is no discussion as to how wastewater
generated by this development will be handled. You must provide a thoughtful discussion as to how
wastewater will be managed for the life of this project.

Please respond within ten (10) business days of the date of this letter by sending this information to me in
writing and Kevin Barnett of the DWQ Asheville Regional Office. Ifwe do not hear from you within ten
(10) business days, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

~~

f1rt--Cyndi Karoly, Supervisor
DWQ, Wetlands / 401 Unit

JRD/ kltb

cc: Kevin Barnett, DWQ Asheville Regional Office
Cyndi Karoly, DWQ Wetlands / 401 Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files

Filename: 05-0973. HighlandsofLakeLurePhaseII.Add-Info

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JUN 3 () Z005

DENR - WAneR QU/\L1Tr'
WETU~DSANO STOi\M'Ii'ATER BRANCH

Triage Check List

Date: 06/09/05

Project Name: Highlands of Lake Lure
DWQ#: 05-0973
County: Rutherford

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 6/6/05 to 8/5/05

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!

dl'\. "'i7''11'

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. ~ E"S~MC~~ fto<,

152 East Main St.- Forest City, NC 28043 - 828/247-4495 - Fax # [phone]-

TRANSMITTAL SHEET

Date: 6/1/05

To:

NCDENR - DWO
401 Wetlands Unit
1650 Mail Service Center

Ralei~h, NC 27699-1650

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Attn:

We are sending ~copy (ies) of the following
_ Shop drawings Prints
Letter Change Order

Plans

Specifications
_X_Other

Pay Request

Date No. Description
6/1/05 05018 Highlands of Lake Lure- PCN Application Fonn

X

For approval
For review and comment

Make corrections noted

Return for corrections
See remarks below

As requested

Remarks:

Please contact our office if additional infonnation is required. We appreciate vour assistance with this proiect.

Signed

~~~~~

Office Use Only:

Form Version April 2001

USACE Action ID No.

D\VQ No.

If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A" rather than
leaving the space blank.

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit
D Section 10 Permit
~ 401 Water Quality Certification
D Riparian or Watershed Buffer Rules

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

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

4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIIl - Mitigation), check here~ @ ~ DW~ ~

Applicant Information JUN 6 2005

II.

1. Owner/Applicant Infoffilation
Name: Highlands of Lake Lure
Mailing Address: 152 East Main St.
Forest City, NC 28043

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

2. Agent 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: Odom Hollifield &Associates Engineering
Company Affiliation: Consulting Engineer
Mailing Address: 152 East Main Street
Forest City, North Carolina 28043

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:davidodom@odomengineerilll~.com

Page 3 of3

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: The Highlands of Lake Lure Phase 2

2. T.I.P. Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Rutherford Nearest Town: Lake Lure
Subdivision name (include phase/lot number): The Highlands of Lake Lure
Directions to site (include road numbers, landmarks, etc.): Highwav 64/74, 1 mile past
intersection with Hwy 9, site on the left

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

6. Describe the existing land use or condition of the site at the time of this application:
Currently the land is not used.

7. Property size (acres): 177 acres

8. Nearest body of water (stream/river/sound/ocean/lake): Lake Lure

9. River Basin: Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

10. Describe the purpose of the proposed work: To construct a road for a subdivision

Page 4 of 4

11. List the type of equipment to be used to construct the project:
compactor

dozer, front end loader,

12. Describe the land use in the vicinity of this project: rural/residential

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 additional permit requests anticipated for this project in the future? 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 'Vaters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

Page 5 of5

I. Wetland Impacts

Wetland Impact Area of Located within Distance to
Site Nwnber Type of Impact* Impact 1 OO-year Floodplain * * Nearest Stream Type ofWetland***
(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.
100-Year floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEt\lA-approved local floodplain lhaps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)

**

***

List the total acrcage (cstimated) of existing wetlands on the property:
Total area of wetland impact proposed:

2. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
I Culvert 110 UT to Lake Lure 3 ft. Intennittent

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.lISgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maPQuest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streanls on site: 110

Page 6 of6

3. Opcn Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.

Open Water Impact Area of Name of Water body Type of Water body
Site Nwnber Type ofImpact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on rnap) (acres) bay, ocean, etc.)
N/A

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

4. Pond Creation
If construction of a pond is proposed, associated wetland and strcam impacts should be
included above in the wetland and stream impact sections. Also, the proposcd 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/cmbankment, 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 mcasures taken to avoid the proposed impacts. It may be useful to provide
information relatcd to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of altemative, 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.
Unavoidable

Page 7 of7

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 thari 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 wctland
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 attachcd 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/strm~ide. h tm I.

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.

Page 8 of8

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 40l/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httn://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):_
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmcntal Documcntation (D\VQ Only)

Does the project involve an expcnditure of public funds or the use of public (federal/state/local)
land?

Yes D

No ~

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

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 ~

X. Proposed Impacts on Riparian and \Vatcrshed Buffcrs (D\VQ Only)

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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identifY )?
Yes D No ~ If you answered "yes", provide the following information:

Page 9 of9

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
(sauare feet) Mitigation
I 3
2 1.5
Total

*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

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

XI. Stormwater (D\VQ Only)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

XII. Sewage Disposal (D\VQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No ~

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

Page 10 of 10

XIV. Othcr 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).

{J1 tfL--- G II /05

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

US Army Corps Of Engineers Ficld Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell Union
US Army Corps of Engineers A very Clay Jackson Polk Watauga
151 Patton A venue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Anny Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash S urry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Ficld 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] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Ficld Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cwnberland New Hanover Scotland

Page II of 11

US Fish and Wildlife Scrvice / National Marinc Fisheries Service

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

Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]

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

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

Mountain Region Coordinator
20830 Great Smo~'Y Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]

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

North Carolina State Agencics

Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

CAMA and NC Coastal Countics

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NC\VRC and NC Trout Countics

Alleghany
Ashe
A very
Burke

Caldwell
Mitchell
Stokes
S urry

Buncombe
Cherokee
Clay
GraI1am
Haywood

Henderson
Jackson
Macon
Madison
McDowell

Page 12 of 12

National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]

Hertford
Hyde
New Hanovcr
Onslow
Pamlico

Watauga
Wilkes

Polk
Rutherford
Swain
Transylvania
Yancey

Pas quo tank
Pender
Perquimans
Tyrrell
Washington

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1092
I 1088
I I I 1084
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152 East Main Street
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Forest City, N.C. 2~043
828-247-4495

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JOB NAME: THE HIGHLANDS OF LAKE LURE
LOCATION: RUTHERFORD COUNTY, N.C.

26

DESCRIPTION: PLAN & PROFILE OF CREEK CROSSING

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Office Use Only:

Form Version April 2001

USACE Action In No.

D\VQ No.

If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A" rather than
leaving the space blank.

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit
D Section 10 Permit
~ 401 Water Quality Certification
D Riparian or Watershed Buffer Rules

~[g@[gnw[g W

JUN 6 Z005

I.

Processing

DENf{ - V~ATEf~'QLJt\L11i
WETWlDSAND STOHM',',A1ER 6;W.CH

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

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: D

II. Applicant Information

1. Owner! Applicant Infoffilation
Name: Highlands of Lake Lure
Mailing Address: 152 East Main St.
Forest City, NC 28043

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

2. Agent 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: Odom Hollifield &Associates Engineering
Company Affiliation: Consulting Engineer
Mailing Address: 152 East Main Street
Forest City, North Carolina 28043

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

Page 3 of3

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 ofproject: The Highlands of Lake Lure Phase 2

2. T.I.P. Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Rutherford Nearest Town: Lake Lure
Subdivision name (include phase/lot numbcr): The Highlands of Lake Lure
Directions to site (include road numbers, landmarks, etc.): Highway 64/74, 1 mile past
intersection with Hwv 9, site on the left

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

6. Describe the existing land use or condition of the site at the time of this application:
Currently the land is not used.

7. Property size (acres): 177 acres

8. Nearest body of water (stream/river/sound/ocean/lake): Lake Lure

9. River Basin: Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

10. Describc the purpose of the proposed work: To construct a road for a subdivision

Page 4 of 4

11. List the type of equipment to be used to construct the project:
compactor

dozer, front end loader,

12. Describe the land use in the vicinity of this project: rural/residential

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 additional permit requests anticipated for this project in the future? 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 \Vaters of the United States/\Vaters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation fOffilS 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.

Page 5 of5

1. Wetland Impacts

WetIand Impact Area of Located within Distance to
Site Number Type of Impact* Impact 1 OO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)

*

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
lOG-Year floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain Ihaps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)

**

***

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

2. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of Average Width Perennial or
Site Number Type of Irnpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
I Culvert 110 UT to Lake Lure 3 ft. Intennittent

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.lISgS.gov. Several internet sites also allow direct dO\\TIload and printing of USGS maps (e.g., www.topozone.com,
www.mapqllest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 110

Page 6 of6

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.

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

*

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 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 altemative, 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.
Unavoidable

Page 7 of?

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 rcquired 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 Teclmical Guide for Stream Work in North Carolina, available at
http://h20.enr. state. nc. us/ncwetlands/strmgide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affectcd 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 eascment, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.

Page 8 of8

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 40l/Wetlands Unit if payment into the
NCWRP is available as an option. 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):_
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmcntal Documentation (DWQ Only)

Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?

Yes D

No ~

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

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 D No ~

X. Proposcd Impacts on Riparia~ and \Vatcrshed Buffers (nwQ Only)

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 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No ~ If you answered "yes", provide the following information:

Page 9 of9

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
I 3
2 1.5
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

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

XI. Stormwater (D\VQ Only)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

XII. Sewage Disposal (D\VQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.

XIII. Violations (D\VQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No ~

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

Page 10 of 10

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).

{J1~ G{J /OS

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

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers A very Clay Jackson Polk Watauga
151 Patton A venue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe franklin Nash Surry
Suite 120 Caswell F orsy1h Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Anny 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] Chowan Hertford Pas quo tank
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 Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cwnberland New Hanover Scotland

Page 11 of 11

US Fish and \ViIdlife Service / National Marine Fisheries Scrvice

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

Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]

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

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

Mountain Region Coordinator
20830 Great SmokY' Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]

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

North Carolina State Agcncies

Division of Water Quality
W ctlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

CAlHA and NC Coastal Countics

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NC\VRC and NC Trout Counties

Allcghany
Ashe
A very
Burke

Buncombe
Cherokee
Clay
Graham
Haywood

Page 12 of 12

Caldwell
Mitchell
Stokes
Surry

Henderson
Jackson
Macon
Madison
McDowell

National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]

Hertford
Hyde
New Hanover
Onslow
Pamlico

Watauga
Wilkes

Polk
Rutherford
Swain
Transylvania
Yancey

Pasquotank
Pendcr
Perquimans
Tyrrell
Washington

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LOCATION: RUTHERFORD COUNTY, N.C.

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