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Michael F. Easley, Governor
. William G. Ross Jr., Secretary
North Carolina Department of Environment and Natur~l Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 10, 2005
CERTIFIED MAIL:' RETURN RECEIPT REQUESTED
Mike Wade
Mountain River of Cullowee
98 Carrot Trail
Cullowhee, NC 28723
Subject Property: Mountain River of Cullowee, Phase 1
Cullowhee, Jackson County
DWQ Project # 05-1746
Jackson County
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WE I U.J~DS AND STCRMw~'tEri t:1lft~Nf:;n
Project Return
Dear Mr. Wade:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 20 feet of streams for the purpose of road
access at the subject property, as described within your application dated September
21, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 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, Stormwater,
and Buffer regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your appl"ication shall expire upon
expiration of the 404 or CAMA Pe.rmit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This. approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
N~~Carolina
/Volurollv
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786/ FAX 919-733-6893/ Internet htto:/Ih2o.enr.state.nc. us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl1 0% Post Consumer Paper
Mountain River of Cullowee
Page 2 of6
November 10,2005
1-. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Stream
Amount Plan Location or Reference
A roved (Units)
20 (feet) UT to Tuckase ee River
2. Erosion & Sediment Control Practices
---- -- ---
_JrQSiQnj;lod-_sediment-.Gontrol~ practices musf - be in -fiJlfcom p liance 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
re~ent 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.
Mountain River of Cullowee
Page 3 of6
November 10, 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 sub~equent 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. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that
it will not re-,concentrate before discharging into a stream. 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.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities.
8. Temporary Access Corridor(s)
The proposed access corri90r(S) must be the minimum width required to get the
construction equipment to the shoreline and shall not exceed 15 feet in width. The
number of access corridors should be limited to the minimum number required to
get the construction equipment to the shoreline (many times only a single corridor is
required) and shall not exceed 2 corridor(s). The access corridor(s) should cross
the buffer as close to perpendicular as practicable and disturbance to existing
vegetation should be minimized.
Mountain River of Cullowee
Page 4 of6
November 10,2005
9. Turbidity Standard
The turbidity standard of 10 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.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control.. Best Mana~~_l]!ent E@ctLQ8.S,-
shall b~ performedso_thatno violatio~s-of-statewater quality standards, statutes, or
rules occur.
11. 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 gr locally delegated progra~ has released the project.
12. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that distur~ on~_(1}or
more-acres], full compliance- with permifconditions including the sedimentation
control plan, self-monitoring, record keeping arid reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
. htto://h2o.enr.state.nc.us/su/Forms Documents.htm.
13. Trout Moratorium
The stream is a Class 8 Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional work
conducted within the stream 'may not occur between the dates of October 15
through April 15.
Mountain River of Cullowee
Page 5 of6
November 10, 2005
14. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers 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. Sewer Systems
,'-""
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State,
Federal and local sewer system regulations.
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.
Mountain River of Cullowee
Page 6 of6
November 10, 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 Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
AWK/khb
cc: Patrick Bradshaw, P.E., Bradshaw Engineering, Inc.
Post Office Box 1 011
. Waynesville, NC 28786
Cyndi Karoly, DWQ, Wetlands I 401 Permitting Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 05-1746. MountainRiveratCullowee.Apprbved
Re: [Fwd: Re: [Fwd: Tardies]]
Subject: Re: [Fwd: Re: [Fwd: Tardies]]
From: Kevin Barnett <Kevin.Barnett@ncmai1.net>
Date: Thu, 10 Nov 2005 14:56:55 -0500
To: Ian McMillan <ian.mcmillan@ncmai1.net>
CC: Larry Frost <Larry.Frost@ncmai1.net>
Hi Ian:
All three were issued today.
Kevin
Ian McMillan wrote:
Kevin, I'm really not trying to bug you and this will be my last message on the subject. But, if you
need my help with these please let me know as I just learned today that we're off tomorrow. -
Thanks, Ian
Subject:
Re: [Fwd: Tardies]
From: Larry Frost <Larry.Frost~ncrnai1.net>
Date: Thu, 10 Nov 2005 10:51 :39 -0500
To: Ian McMillan <ian.mcmillan~ncmai1.net>
To: Ian McMillan <ian.mcmillan~ncmai1.net>
CC: Kevin Barnett <Kevin.Barnett~ncmai1.net>
Ian
I got a hold of Kevin and he informs me that he will update you on these projects this afternoon. He
should be back to the office by 1 :prn.
Larry
Ian McMillan wrote:
Subject:
Tardies
From:
Ian McMillan <ian.mcmillan~ncmai1.net>
Date:
Wed, 09 Nov 2005 17:02:45 -0500
To: Kevin Barnett <Kevin.Barnett~nclnai1.net>
10f2
11/10/2005 2:57 PM
Re: [Fwd: Re: [Fwd: Tardies]]
To: Kevin Barnett <Kevin.Barnett@}ncmai1.net>
Kevin, would you be able to update me on these? Thanks, Ian
05-1746, Mountain River ofCullowhee, Jackson Co, NW12 9/15/05 11/13/05
05-1733, Gateway Mountain Mulberry Drive, McDowell Co, NW39 9/12/05 11/10/05
05-1739, Owens Bell Water Quality Improvement, Buncombe Co, NW27 9/14/05 11/12/05
Larry Frost - Larry.Frost@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 u.s. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Kevin Barnett - Kevin.Barnett@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 u.S. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Kevin Barnett <Kevin.Barnett@}ncmai1.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
20f2
11/10/2005 2:57 PM
Triage Check List
Date: 09/19/05
Project Name: Mountain River of Cullowee
DWQ #:05-1746
County: Jackson
To:
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 9/15/05 to 11/13/05
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From: Cyndi Karoly Telephone: (919) 733-9721
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
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!
P.O Box 1011 - Waynesville, NC 28786
Phone: 828-452-4410 - Fax: 828-456-5455
www.bradshawengineering.com
To:
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC, 27699-1650
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SEP 1 5 2005
RE:
Submittal for Mountain River of Cullowhee
Creek Crossing
Jackson County, NC
From:
Martin A. Shumpert, PE
September 13,2005
filE COpy
Date:
Enclosed please find seven copies of the USCOE Pre-Construction Notification Form for the
project noted above and seven sets of creek crossing plans. Also included is a check in the
amount of $200.00.
If you need additional information regarding this matter, please do not hesitate to contact me
at 828-452-4410.
"
Office Use Only:
Form Version May 2002
USACE Action ID No. DWQ No. 2 0 0 5 1 7 4 e
(If any particular item is not applicable to this project, please enter ''Not Applicable" or ''N/A''.)
I.
Processing
1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D
D Section 10 Permit D
~ 401 Water Quality Certification
f 1[' ~ G"~ 0" ~~ ~,9
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Riparian or Watershed Buffer Rules
~solated Wetland Permit from DWQ
2. Nationwide, Regional or General Permit Number( s) Requested: 12
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: 0
ll.
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:D
10), ,~lP"'(~ .n1\'\17r:~1 '-',
Applicant Information I~<\' LS ,,::." U.:J i.g, ,'III
Uti ~J
SEP 1 5 2005
1. Owner/Applicant Information
Name: Mr. Mike Wade
Mailing Address: 98 Carrot Trail
Cullowhee~ NC 28723
DENH - !,i'VATER QUALITY
\VETlf\f}:;~ !!!Q S~:;;'::.~~'~~:~,~;:;~ :;:-;:~Cl J
Telephone Number: 828-293-2526
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Patrick Bradshaw / Bradshaw Engineering~ Inc.
Company Affiliation: President
Mailing Address: PO Box 1011
Wavnesville~ NC 28786
Telephone Number: 828-452-4410 Fax Number: 828-456-5455
E-mail Address:patrick@bradshawengineering.com
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 defmed. For administrative and distribution purposes, the
USACE requires informati~n to be submitted on sheets no larger than 11 by 17 -inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced.to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Mountain River of Cullowhee
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 7569-03-2813
4. Location
County: Jackson Nearest Town: Cullowhee
Subdivision name (include phase/lot number): Mountain River of Cullowhee.. Phase 1
Directions to site (include road numbers, landmarks, etc.):
From Cullowhee.. head SE on NC 1732. Site is approximately 0.6 miles SE of the intersection
ofNC 1732 and NC 1731.
5. Site coordinates, if available (UTM or Lat/Long): Lat 35-18-33 N Long 83-09-35 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing ofa distinct waterbody.)
6. Property size (acres): 65 ac
7. Nearest body of water (streamJriver/sound/oceanllake): Tuckasegee River
8. River Basin: Little Tennessee
(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/admln/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing llroperty is unimproved woodland and the general
land use in the area is unimproved natural area
Page 6 of 12
"
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10. Describe the overall project in detail, including the type of equipment to be used:
Proiect consists of construction of gravel roadways that will ieventuallv serve the proposed
subdivision. Equipment should include a track-hoe (for fustallation of the stormwater
culverts) and other mical construction equipment.
!
11. Explain the purpose of the proposed work: Provide roads for the proposed subdivision.
I
IV. Prior Project History
If jurisdictional determinations and/or permits have been requt1sted and/or obtained for this
project (including all prior phases of the same subdivision) in the, past, please explain. Include
the USACE Action ill Number, DWQ Project Number, applicat,on date, and date permits and
certifications were issued or withdrawn. Provide photocopies ;of previously issued permits,
certifications or other useful information. Describe previously ~pproved wetland, stream and
buffer impacts, along with associated mitigation (where applicabl~). If this is a NCDOT project,
list and describe permits issued for prior segments of the satPe T.I.P. project, along with
construction schedules.
N/A
v. Future Project Plans
Are any future permit requests anticipated for this project? If sO,idescribe the anticipated work,
and provide justification for the exclusion of this work from the cup-ent application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters ofth~ 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 pr9ject. 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
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1. Provide a written ~escription of the proposed impacts:
of a culvert for a proposed stream crossing.
Impacts include installation
2. Individually list wetland impacts below:
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) ~s/no ) (linear feet)
N/A
* 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.
** tOO-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htto://www.fema.2:ov.
*** 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: N/ A
Total area of wetland impact proposed: N/ A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Typ~ of Impact* Impact Stream Name * * of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
r culvert 20 UT l' Perennial
*
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/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.US2:S.2:OV. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.toDozone.com.
www.maoouest.com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name 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.)
N/A
,
*
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 0 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
fmancial 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.
Several proposed lots will be inaccessible if this stream crossing is not constructed.
VIn. 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 s~e 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
htto:/OOo .em .state.nc. us/ncwetlandsl strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 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 htto://h2o.enr.state.nc.us/wro/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): NI A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): NI A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 0 No ~
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes 0 No 0
If yes, has the document review been fmalized 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 vn 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 Rilles and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No ~ 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 out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
N/A
XI. . Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No im ervious area exists or will be created. Culverts will conve 1 stormwater runoff under the
proposed gravel roads.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~
Is this an after-the-fact permit application?
Yes 0 No ~
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
~ .h,. ~ 9/I;)..jdoor
-. Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Office Use Only:
Fonn Version May 2002
USACE Action ID No. DWQ No. 2 0 0 .5 1 "7 il S
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D
D Section 10 Permit D
~ 401 Water Quality Certification
Riparian or Watershed Buffer Rules
~solated Wetland Permit from DWQ
2. Nationwide, Regional or General Permit Number(s) Requested: 12
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D
II.
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further detm\~c~e,,~~~e".f~,':'; 7r;J"J, r-,. '" "
Dl,.::itL..L ""\"i"'" ;",
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Applicant Information . ""'''''/;ij
SEP 1 5 2DCJ5 ,..
1. Owner/Applicant Information
Name: Mr. Mike Wade
Mailing Address: 98 Carrot Trail
Cullowhee. NC 28723
, D,ENR - WATtR QU!-\UTY
\1E'Tl.A:iW3A14l'J,,; UM1Willi:R BFill,NCH
Telephone Number: 828-293-2526
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Patrick Bradshaw / Bradshaw Engineering. Inc.
Company Mfiliation: President
Mailing Address: PO Box 1011
Wavnesville. NC 28786
Telephone Number: 828-452-4410 Fax Number: 828-456-5455
E-mail Address:oatrick@bradshawengineering.com
Page 5 of 12
'....
In. 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 fmal version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Mountain River of Cullowhee
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 7569-03-2813
4. Location
County: Jackson Nearest Town: Cullowhee
Subdivision name (include phase/lot number): Mountain River of Cullowhee~ Phase 1
Directions to site (include road numbers, landmarks, etc.):
From Cullowhee~ head SE on NC 1732. Site is approximately 0.6 miles BE of the intersection
ofNC 1732 andNC 1731.
5. Site coordinates, if available (UTM or Lat/Long): Lat 35-18-33 N Long 83-09-35 W
(Note - Ifproject 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): 65 ac
7. Nearest body of water (streamlriver/sound/ocean/lake): Tuckasegee River
8. River Basin: Little Tennessee
(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 of the project
at the time of this application: Existing pro{>ertv is unimnroved woodland and the general
land use in the area is unimproved natural area
Page 6 of 12
. .
.,
10. Describe the overall project in detail, including the type of equipment to be used:
Proiect consists of construction of gravel roadways that will eventually serve the proposed
subdivision. Equipment should include a track-hoe (for installation of the stormwater
culverts) and other typical construction equipment.
11. Explain the purpose of the proposed work: Provide roads for the proposed subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
v. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United 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 7 of 12
, .
~,
1. Provide a written description of the proposed impacts:
of a culvert for a proposed stream crossing.
Impacts include installation
2. Individually list wetland impacts below:
WetIand Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type ofWetIand***
(indicate on map) (acres) (yes/no) (linear feet)
N/A
.
* 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 are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htto://www.fema.lwv.
*** 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: N/ A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Typ~ of Impact* Impact Stream Name * * of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 culvert 20 UT l' Perennial
*
List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/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.uSQ:S.Q:ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tooozone.com.
www.maOQuest.com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Water body Type of Waterbody
Site Number Type of Impact* 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.
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 0 stream 0 wetlands
Describe the method of construction (e.g., damJembankment, 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
fmancial 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.
Several proposed lots will be inaccessible if this stream crossing is not constructed.
VIn. 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
..
t
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
htto:1 /h2o.enr .state.nc. us/ncwetlandsl 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 off site), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 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 htto://h2o.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): NI A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): NI A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested ( acres): NI A
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 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 NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes D No D
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes D No D
x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be. included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rilles and
Water Supply Buffer Requirements), or other (please identify )?
Yes D N 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 out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
Page 11 of 12
.~
If buffer mitigation is required, please discuss what type of mitigation is proposed (Le., 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.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No im ervious area exists or will be created. Culverts will conve 7 stormwater runoff under the
proposed gravel roads.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No [gI
Is this an after-the-fact permit application?
Yes 0 No [gI
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
4~ 14- ~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
q /12-/~[)S-
.
Page 12 of 12
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