20051416 Ver 1_Complete File_20050725

Michael F. Easley, Governor

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

Alan W. Klimek, P.E. Director
Division ofWaler Quality

August 22, 2005

DWQ Project # 05-1416
Rutherford County

John Condrey, County Manager
Rutherford County
289 North Main Street
Rutherfordton, NC 29139

m@@@DW@ @
AUG 3 1 2005
Approval of 401 Water Quality Certification with Additional con~~~~~A~h'~

Subject Property: Green Branch - Baker Site (EWP - DSR-2)

Dear Mr. Condrey:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 96 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on July 25, 2005, and additional
information received August 17, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3376 (3376). The Certification(s) allows you to use Nationwide Permit(s) 37 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and stormwater regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose that you described in your application. As "stable" and
"pre-storm" are not interchangeable terms, all work must be to ensure stability,
regardless of channel location. If you change your project beyond the activities
authorized below, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:
1. Impacts Approved

N~':!'thCarolina
lVlltnfllllu

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

A.n Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Rutherford County:
Page 2 of6
August 22, 2005

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Stream

Plan Location or Reference

Units)

Green Branch

2. Erosion & Sediment Control Practices

Erosion and' sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

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

Rutherford County:
Page 3 of6
August 22, 2005

4. No Sediment & Erosion Control Measures win Wetlands or Waters

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

5. Certificate of Completion

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

6. Construction in this creek and disturbance within a 25-foot trout buffer, should this
stream designation exist, should be avoided during the October 15 to April 15 trout
spawning period to avoid adverse effects of sediment on eggs and larvae. However,
Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service "urgent and compelling" sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
(1) using flow diversion structures such as sand bags, (2) placing large-sized rock
toes and filter cloth backing for stabilization sites before backfilling, and (3)
excavating new channel alignments in dry areas. Construction at the other non-
"urgent and compelling" sites should not occur during the spawning period to
minimize the potential adverse effects of multiple construction activities on trout
resources in this creek.

7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition. because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

Rutherford County:
Page 4 of6
August 22, 2005

8. Only materials shall be used. Filter cloth should be placed behind large block that is
used for bank stabilization. Properly designed rock vanes should be constructed
wherever appropriate on bank stabilization and channel realignment stream reaches
to improve channel stability and to improve aquatic habitat. Root wads should be
installed low enough in the bank so that a significant portion (at least one-third) the
root wad is inundated during normal flows.

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flowlgrade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In. stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth.

10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.

11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.

12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.

13.lf pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

14. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office. .

Rutherford County:
Page 5 of6
August 22, 2005

15. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement
andlor maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)

45. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order to
assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the
401JWetlands Unit web site at http://h20.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this
project.

16. Turbidity Standard

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

17, No Sediment and Erosion Control Measures in Wetlands

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

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 hearing. .

Rutherford County:
Page 6 of6
August 22, 2005

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

~~n;?cL~c! )1' ~e~

{ " Alan W. Klimek, P.E., Director
--1Of~ Division of Water Quality

AWKlkhb

Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1416.EWP.GreenBranch-BakerSite.Approval

/'

Michael F. Easley, Governor

'-1

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

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

August 29, 2005

DWQ Project # 05-1416
Rutherford County

John Condrey, County Manager
Rutherford County
289 North Main Street
Rutherfordton, NC 29139

~~@~nw~~
SEP 2 2005
Approval of 401 Water Quality Certification with Additional c~~~~~lrRANCH

Subject Property: Baker Property
EWP Rutherford County (DSR#2)

Dear Mr. Condrey:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 96 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on July 25, 2005. After reviewing
. your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to use
Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose that you described in your application. If you change
your project beyond the activities authorized below, you must notify us and you may be
required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow
the conditions listed in the attached certification and any additional conditions listed
below.

N~':fuCarolina
JVatJlrtllly

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]/lntemet http://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

~

Rutherford County:
Page 2 of6
August 29, 2005

:-

"

The Additional Conditions of the Certification are:
1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Stream

Plan Location or Reference

Greene Branch

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control me~sures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

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

-(

Rutherford County:
Page 3 of6
August 29,2005

4. No Sediment & Erosion Control Measures wIn Wetlands or Waters

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

5. Certificate of Completion

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

6. Construction in this creek and disturbance within a 25-foot trout buffer, should this
stream designation exist, should be avoided during the October 15 to April 15 trout
spawning period to avoid adverse effects of sediment on eggs and larvae. However,
Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service "urgent and compelling" sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
(1) using flow diversion structures such as sand bags, (2) placing large-sized rock
toes and filter cloth backing for stabilization sites before backfilling, and (3)
excavating new channel alignments in dry areas. Construction at the other non-
"urgent and compelling" sites should not occur during the spawning period to
minimize the potential adverse effects of multiple construction activities on trout
resources in this creek.

7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition. because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

Rutherford County: ,..
Page 4 of6
August 29, 2005 ,

8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed ,wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth.

10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
'backfilling should be minimized and tree and shrub growth should be retained where
. possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.

11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.

12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent 'contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.

13. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.

-'

Rutherford County:
Page 5 of6
August 29,2005

r

14. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order to
assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h20.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this
project.

15. Turbidity Standard

The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

16. No Sediment and Erosion Control Measures in Wetlands

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

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal andlor 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 hearing.

Rutherford County:
Page 6 of6
August 29, 2005 ~

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

Sincerely,

:f?J' t:! EX~ ;;.

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

AWKlkhb

Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-1416. EWP .Baker. GreeneBranch.Approval

~ i LDJ.:}~LUL

Michael F. Easley, Governor

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

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

August8,2005

DWQ Project # 05-1416
Rutherford County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 04600001 9899 1307

Mitchell Baker
3621 Pearidge Road
Bosticc, NC 28018

John Condrey, County Manager 7002 0460 0001 9899 1352
Rutherford County
289 North Main Street
Rutherfordton, NC 29139

\1i)~@g~~g\g ~
~ i\UG 2 2 LGGS
"R Q' \!.,uT'I LI
0.. .0. ENK" VoJAJ;':-'O.!,";;"niR BRANer>
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VI'EnAl'lCS '

Subject Property: Baker Property
EWP Rutherford County (DSR#2)

REQUEST FOR MORE INFORMATION

Dear Mr. Baker and Mr. Condrey:

On July 25, 2005, the Division of Water Quality (DWQ) received your application dated
to impact 96 linear feet of streams for the purpose of stabilization of streambanks
adjacent to the Cane Creek General Store. 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. Describe Overall Project in Detail

Under Section III. 10. of your submitted application, you have stated that the
channel will be "restored to pre-storm location." As the current flow, resultant from
storm conditions have resulted in an undesirable flow condition, the "pre-storm"
location is considered unstable, otherwise, the velocities would not have redirected
themselves towards the bank. In order for this office to consider this project,
natural stream channel designs utilizing all available instream structures, but

N~ImCarolina
/Valllrnll!!

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]/lntemet: hllp:llh2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mitchell Baker
Page 2 of2
August 8, 2005 '

minimizing the use of stream bank hardening must be considered, and if not used,
a thoughtful discussion of why these measures are unsuitable be provided as part
of the application.

2. 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 must provide a thoughtful reason as
to why this stabilization project must occur, and how the project was minimized to
have the least amount of impact possible on the stream resource.

3. Stormwater

Under Section XI. of your submitted application, you have not provided a
discussion as to how stormwater coming off the General Store and it's parking lot
will be treated and discharges as to protect stream banks and stream resources
form future contamination / instability.

Please respond within ten business days of the date of this letter by sending this
information to me in writing and to Kevin Barnett ofthe DWQ Asheville Regional Office~
If we do not hear from you within ten 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 Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.

Sincerely,

~"I C, cJ;c~'-c~

Roger Edwards, Regional Supervisor
Surface Water Protection Section

RCE/khb

cc: Cyndi Karoly, DWQ 401 / Wetlands Unit, Central Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 05-1416.MitcheIlBaker.EWP.DSR#2.Rutherford.Add-lnfo

Triage Check List

Date: 07/28/05

F!LE COP'!

Project Name: Mitchell Baker EWP
Rutherford DSR 2
DWQ #:05-1416
County: Rutherford

To:

Kevin Barnett, Asheville Regional Office

60-day Processing Time: 7/25/05 to 9/23/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to you 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
O Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application meetings?
Cumulative impact concern
o
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!

,

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DENR. WATER QUALITY
WETlANDS AND STORMWATER BRANCH

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20051416

fILE COpy

Pre-Construction Notification (PCN) Application Form

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

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

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

The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h20.enr,state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the Gc. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].

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

Page I of 12

.'

,.

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

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

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

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

Page 2 of 12

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee lredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warcen
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
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:(910)251~25 Cumberland New Hanover Scotland

North Carolina State Agencies

Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: (9 I 9) 733-6893

Division of Water Quality
Wetlands Restoration Program
16 I 9 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

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

US Fish and Wildlife Service I National Marine Fisheries Service

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

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

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

Page 3 of 12

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]

CAMA and NC Coastal Counties

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NCWRC and NC Trout Counties

Alleghany
Ashe
Avery
Burke

Buncombe
Cherokee
Clay
Graham
Haywood

Caldwell
Mitchell
Stokes
Suny

Henderson
Jackson
Macon
Madison
McDowell

Hertford
Hyde
New Hanover
Onslow
Pamlico

Watauga
Wilkes

Polk
Rutherford
Swain
Transylvania
Yancey

"

Pasquotank
Pender
Perquimans
Tyrrell
Washington

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

Page 4 of 12

. '

Office Use Only:

I. Processing

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

2. Nationwide, Regional or General Permit Number(s) Requested: .3 If

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

3. Ifthis notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0

4. Ifpayment 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: 0

II.

5. If your project is located in any of North Carolina's twenty coastal counties (list~d on ~
4), and the project is within a North Carolina Division of Coastal Manageme ~
Environmental Concern (see the top of page 2 for further details), check her~~~
,,~~7~ ~~
Applicant Information ~ ~ '1 ~ 1.~
~ ~\j\.. ~\l-\.~~
~~~~~~
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1. Owner/Applicant Information
Name:
Mailing Address:

2.f1OlfJ

Telephone Number: (3;z. A - 281'(... "3;2 B:a Fax Number:
E-mail Address:

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authori~fo.r,the owner/applicant.)
Name: N CON D e
Company Affiliation: tdi
Mailing Address:

Telephone NumberR28.- :281- kxot
E-mail Address:

Fax Number:

Page 5 of 12

"-

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by l7-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. Nameofproject:_t:W P ~u-:rt-\-E f!F6iD 5 DR.:1C 2-/

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

3. Property Identification Number (Tax PIN):

i~~'f&?J~

4. Location~ --;)-,
County:5"~"-;t"{\. e RroRU Nearest To~n:-KUj+\E(<1::()R DTON
Subdivision name (include phasel10t number): /II I
Directions to site (include road numb landmarks, etc.):
a M; s - ~R
c..-.t<

D J I fl. r II lI-
5. Site coordinates, if available (UTM or Lat/Long):3.6" ~q ~s 41 ',/ Z 0 J
(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): . ~ Z

7. Nearest body of water (stream/river/sound/oceanllake):GREEN E= B R. - ~ANE C. K.

8. RiverBasin: ~AtJ~ eREEk - S;cCof\JU B~oAv
(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/.)

9. Describe the existing conditions on the site and general land use in the vicinity oft
at the time of this application: rJ E C~ rJ - t1 L S. 7lJ I<. E -
ul)/f)e{Q U ,S (Qlf-AtvCoLec.. \\IAiER \DuJAR.\) r-l+l? ~/oRl?S.; oE
Or CPEE/<. J-I.a. /2./21 C A tJ E Vl M AC, ~ 44 ~ {- fj TE. /J ,. we- -gMJ f(
A'J.'JA Y. TO l>tyPQo~lIhAle LLj\O '1--120",^-- STlJR.eFoutJDIJ7i'OtJ.

Page 6 of 12

SEeMAJ(O

(HE fVUA)7)A-r/oN
S7lJams.
Prior Project History

hTttl!.E

IV.

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.
AloAJr:;

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
tJoAJb

VI. Proposed Impacts to Waters of the United StateslWaters 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 7 of 12

i

{J,JiJ c

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact IOO-year Floodplain*'" Nearest Stream Type ofWetland**'"
(indicate on map) (acres) (yes/no) (linear feet)
,\) n.,J fJ

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, t1ooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local t100dplain maps. Maps are available through the FEMA Map Service Center at I -800-358-9616, or
online at httv://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,) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

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

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

Stream Impact
Site Number
indicate on ma

Type of Impact*

Stream Name**

Average Width
of Stream
Before 1m act

List each impact separately and identitY temporary impacts. Impacts include, but are not limited to: culverts and associated rip.rap,
dams (separately list impacts due to both structure and tlooding), 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 tlows. USGS maps are available through the USGS at 1-800-358-9616, or online at
WWW.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.toDozone.com,
www.mapquesl.com. etc.).

*

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

f( (pI pr

Page 8 of 12

. !

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

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

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

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands D stream 0 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.
']:11I GReS5. A~v !Eta A6'-> l W,/ /1 r; efT lZe 11 PPdt1 ~LC/Vl ,
/110 ~(;) u ; P/h e-N 7" i JJ S71l ~ 11 /l/l ~J~ II ~ ~/lTlI#v,-: If
/<'el"i ~e-/)i/Y1 eN, /hol/e/J1c~7 /t1 A )'h;III.lhlIVM \

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.

Page 9 of 12

,
,

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. ,
tin /)1/1/ (Q/!T/tJN PL.-AN tV cn

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):
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):

Page 10 of 12

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes r&J No 0

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 NSEP A)?
Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No [Xl

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

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

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

Will the project impact protected riparian buffers identified within 15A NCAC 28 .0233
(Neuse), 15A NCAC 28 .0259 (Tar-Pamlico), 15A NCAC 28 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identity )?
Yes 0 No 0 If you answered ''yes'', provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone. Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total

*

Zone 1 extends out30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I,

Page 11 of 12

~

< .

.

/'

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

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
9.p;wstream from the property.
Ke -0 iT /0 CJ H-
;1( c L e

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) qf
wastewater generated from the proposed project, or available capacity ofthe subject facility.
rJ tJ W AsrEW A fEll (},eNBRATl:()

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No 00

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

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 ofthe applicant's control .
It. - ~PtJN 0 e: -HI Ro Ec,T ~o In PL e
3~PTEfJl f3F/2 I sr - 0 ~~ -rH-e Lo~/Jl SjJatlSc:Jr<, (" K~~~RroR (>
C'o.J 7{e-Ou t";.\/ l(bLt/J CntJ<!.JjJe/l"AT16 t!)/'J 17-/-5 /.jP#LI if;A /iON As
5o(j/J As ?o~~ }6L..6

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

Page 12 of 12

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UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY

81052'30"
35030'

3928000m N.

27'30"

421000m.[

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EMERGENCY WATERSHED PROTECTION
STREAMBANK STABiliZATION PROJECT

PREPARED BY:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
IN COOPERATION WITH
RUTHERFORD SOIL AND WATER CONSERVATION DISTRICT
USDA · NATURAL RESOURCES CONSERVATION SERVICE
CANE CREEK GROCERY
PROJECT SITE

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SITE LOCATION MAP

RUTHERFORD COUNTY, NORTH CAROLINA
COUNTY, STATE

CONTENTS:

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1. Title Sheet and Location Map
2. Site Plan
3. Restored Streambank
4. Channel Cross Section
5. Wall Detail Sheet

DATE: ofro;-
DATE:

SCALE:

NO SCALE

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CANE
CREEK
GROCERY

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IN TRUMENT LOC C1)
= 775.00 FEET
TOP OF WOOD STAKE

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20

40

60

Scale: 1" = 20'

REVlSlOHS

PROJECT t: EWl'-cANE SCA!.E: I INCH . 2iO FeET

STATE OF NORTH CAROLINA

STREAMBANK STABiliZATION PROJECT
CANE CREEK GROCERY SITE MAP

RUTHERFORD COUNTY, NORTH CAROLINA

SHEET NO. 2 Of 6

FILENAME: snEMAP.DWll

frIO. av DAti

DRAWN BY: J. YOUNG

no.TE: JULY\5.2IlO6

DEPARTMENT OF ENVJRQNME,," AND NATURAl.. RESOURCES
OMSION OF SOIl AND WATER CONSERVATION
AStlEYlI.l.E REGIONAl. OFFICE

CHEClCEDBV:

DATE:

2OllO us H_V:Ill, SWANNo\NOA, He am

_:(ll28)~

.

STATE OF NORTH CAROLINA

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF SOlI.. AND WATER CONSERVATION
ASHEVILLE REGIONAl.. OFFICE

2090 US _O\V 70. SWo\NNNtOA. Ole 2177$

_: (828}-..sOQ

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CANE
CREEK
GROCERY

IN TRUMENT LOC C1)
= 775.00 FEET
TOP OF WOOD STAKE

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Scale: 1" = 20'

REVISIONS
.............,.

STREAMBANK STABiliZATION PROJECT
RETAINING WAll.. AERIAL VIEW

RUTHERFORD COUNTY, NORTH CAROLINA

NO. If( MlE
1
2
l

..

PROJeCT t: EWP-CNE

SCALE: 1 INCH . 20 FEET

DAAWN BY: J, YOUOIG

DATE: JlA.V 15,:/Oll5

CHECKED BY:

Oo\TE:

SHEETNC. 3 OF 6

FILI!I\IAME: Wo\LI._PLAN.DWG

28" TOP BlOCK

41" MIDDLE BlOCK

,BANKFULL WIDTH =13 FEET

I BANKFULL STAGE

41" BOTTOM BLOCK

r-6"

BASE FUlW

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WASHED STONE FOOTING
/ (1.0 FEET BELOW STREAMBED)

.

STREAMBANK STABiliZATION PROJECT
CHANNEL CROSS SECTION

RUTHERFORD COUNTY, NORTH CAROLINA

2
3

STATE OF NORTH CAROLINA

DEl'ARlMENT OF ENVIftONMENT AND NATURAL RESOURCES
DMSION OF SOlI. AND WATER CONSERVATION
ASHEVILl.E REGIONAl.. OFFICE
2090 us tlIGHWAV1O. SW_"", Nt: 28m PHONE: (828) 2lIll-4eOO

110,

......

REVISIONS
-"'"

STORE BUILDING

..

PIUlJECT~ ~.cANf

SCAlJ:: NOT TO SCAU;

DRAWN 8Y: J. YOUNG

DAnt: JUI. V 15. 2005

CHl!Cl\B) BY:

IM'nt:

SHEET"". 4 OF 6

FlI.ENN.E: X_Sl!CTlOtI.DWG

MIDDLE

.

"r-8.l1'

::.:. -

HALF MDUJLOCIt-41"

BCm'OM BLOCK. 41-

FOUNDATION DRAIN
4- HOPE. CORRIJGATED
PERFORATED PIPE

.,

.,

WALL SECTION

STATE OF NORTH CAROLINA

STREAMBANK STABiliZATION PROJECT
RETAINING WALL DETAIL

05PARTMENT OF ENVlRON/oAEI'{T AND NATURAl. RESOURCES
DMSION OF SOU-AND WATER CONSERVATION
ASHEVILLE REGIONAL OFFICE

2090 U$ HIGHWAY 70, SWANPIANOA, He 28m

PHONE' (828)_

RUTHERFORD COUNTY. NORTH CAROLINA

. fBDVf!II(Pf'lOfALLINCmt)

HALF1tlP 1LacK-"

1.,

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1U'

1.,

1U'

.,

IU"

1W.I'8DTTQII aQCK.41.

WALL ELEVATION

WALL ISOMETRIC

NO, BY

DAtE

REVISIONS
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3

PIIOJI;CT It. ewf'.CAHE CRE SCALe: NOT TO SCJ.l.E

DRAWN BY; J. yauNG OATE; JULY 15. 2005

CHECKED BY; DAre

SHEET NO. 5 OF 5 'ALENAME' -..ook_WIll1'