20041811 Ver 1_Complete File_20041109

O?o? W AT F?QG
r
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
August 23, 2005
DWQ # 20041811
Macon County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Little Choga's Place Property Owner's Associations
Attn: Marty Libman
48 Rainwater Point
Topton, NC 28781
Subject Property: Old Lodge Road at Little Choga's Place Subdivision
NOTICE OF WITHDRAWL
Dear Mr. Libman:
On November 9, 2004, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on November 19, 2004 discussing concerns that
we have regarding the design of the project and stating that it would be placed on hold for three
weeks giving you time to address DWQ's concerns. As of today, DWQ has not received a response
to this request. Therefore, your file is hereby considered withdrawn and will not be reviewed until
DWQ's earlier concerns are addressed. Once you have collected sufficient information to have a
complete application (please see our November 19, 2004 letter for the missing information), you will
need to reapply for DWQ approval. This includes submitting a complete application package with
the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
Sincerely,
cc: Kevin Barnett, Asheville DWQ
Asheville Corps of Engineers
Central Files
File Copy
1 aroly, upervisor
0 Ov rsight/Express Revi Permitting Unit
Regional ffice
Filename: S:\2005 Correspondence\04-1811 Little Chogas Place SD (Macon) Withdrawal.doe
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o,enr.state,nc.tis/ncwetlan(is
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?0F W ATFR p Michael F. Easley, Governor
`0 G William G: Ross Jr., Secretary
L?r? [ North Carolina Department of Environment and Natural Resources
-? Alan W. Klimek, P.E. Director
Division of Water Quality
November 19, 2004
DWQ Project # 04-1811
Macon County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
LCPPOA Little Choga's Place Property Owner's Association
Attn: Marty Libman
48 Rainwater Point
Topton, NC 28781
Subject Property: Little Choga's Place Subdivision, relocation of Old Loge Road
REQUEST FOR MORE INFORMATION
Dear Mr. Libman:
On November 9, 2004, the Division of Water Quality (DWQJi,received your application dated November
2, 2004 to impact 25 feet of streams to construct the proposed ccess road construction. The DWQ has
determined that your application was incomplete and/or provid inaccurate information as discussed
below. The DWQ will require additional information in order toy 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. Plan Details
a. Please provide a location map for the project.
b. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on
the site plan.
c. Please show all wetland impacts including fill slopes on the site plan.
d. Please indicate the location of the protected trout buffers as overlays on the site plan.
e. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as
overlays on the site plan.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within three
weeks, 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 Brian Wrenn or Ms. Cyndi Karoly at 919-733-1786 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
NonehCarolina
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An Equal Opportunity/Affirmative Action Employer-50% Recycled/10°/ Post Consumer Paper
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10-21-'04 10:23 HUM-NUUhNH At)HhV lLLt nU
Office Use Only: I'M V V Form Version May 2002
USACE Action ID No.
(If :say particular item is not applicable to this project, please enter "Not Applicable' or "N/A".)

1 -00L r UU1 1J U JJU
1. Proecssing
1. Check all of the approval(s) requested for this project:
© Scction 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NllJ 39
3, If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: R3
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: ?
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: ?
YI. Applicant Information

1. Owner/Applicant Information
Name: L-C? Ar) 0 1T ?? T: y?' U,. ?rc s c
Mailing Address: c-i 0 Telephone Number:
E-mail Address: M
? -3zi-
-bi OZ-L C--;C\ t.
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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail .Address:

Fax Number:_
page5of 12
10-21-'04 IU: 24 I HUM-NUDhNH A5HHVILLL HU 6LZ?4yy (1041
III. Project Information
i-3oc r01113 u-3ou
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 MRCS 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
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:_
# 2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tae PIN):
4. Location ftw ,x
County: u. Nearest Town: / r'tiri?rS
Subdivision name (include phase/lot number): C,ai.v "01cc_
'A Directions to site (include road numbers, landmarks, etc.): Q 0 .r
5. Site coordinates, if available (UTV1 or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct watcrbody.)
6. Property size (acres):_ /G Nr,.Wr 1 -d-r-1 a. 7. Nearest body of water (stream/river/sound/ocean/lake): LiQt,.?; CkmA (Aaxie., C- 1Qi?iw.T?
8. River Basin: I,LCSI,E IiNhssre
(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/.)
4. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Ae4,oe ,,7S 4 cJ_kd, 21 u-,f
?X C-5Rr ,^, W C ck f ?-? - ?'/oat 7t? <ak
Page 6 of 12

10-21-'04 10:Z4 rh'UM-NUUhNti HStihVILLh M 6464 =r 0 33
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10. Describe the overall project in detail, including the type of equipment to be used: C;:, J
T 11. Explain the purpose of the proposed work: T 11e res.• ? old
VW GC's 3'L C04-C-, . '0. -r., e_X rk a a'l -oa
IV. * Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
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.
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 wctland 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 1 of 12
10-21-'04 10:24 F1 OM-NCMENE AbHEVILLE liU tiL?ty? f b4 i 1-33L ruoi 13 u-JJu
1. Provide a written description of the proposed impacts: WsrqLA- 20' CjU.VrO T 14
Ltm-19 Cr am (44V X 1b Oulko2 star a xA-5.3
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland''"

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
»* 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain naps. Maps are available through the FEMA Map Service Center at 1-800-358.9616, or
online at hM);//%%rww.fcma.aoy,
List a wetland type that best describes wetland to be impacted (c.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),
Dist 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:

at .&
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
CUL.Ustj 25 " l . ntL to6,, 624* r- J if Ac f i Pc e-C -1,-t

Ltst each impact separately and identify temporary impacts, Impacts include, but are not limited to: culverts and associated rip-tap,
dams (separately list impacts due to both structure and flooding), relocation (include Enear 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 tho original and relocated streams must bt 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 a4-tilable through the USGS at 1.800.355-9616, or online at
w %k,jtSLs.aX, Several intcmet sites also allow direct download and printing of USGS maps (e.g., %vww.taoo'rone.,Coln.
W-'m1PQ11e5t.conl, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2`J
Page 8 of 12
04 J U : L5 L hUVJ-1V1d11!14M Ab=V 1LLr. W 6L64L 1 uq6
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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 Su act
Site Number

(indicate on ma
Type of Impact*
p Area of
.
Impact
acrts
Name of Waterbody

(if applicable
) Type of Waterbody

(lake, pond, estuary, sound,
ba , ocean, etc.)

List each impact separately and identity. temporary impacts. lmpacts include, but art not limited to: fill, excavation, dredging,
flooding, drainage, bulkhcads, eta
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): ? uplands 0 stream ? wetlands
Describe the method of construction (e.g., datn/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, louver-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 duringg construction to reduce impacts.
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CL?r I _ f-+e e e .... /- - ?rC7}fG?G..y e 7 G1 eZ 'er f ay! C- d?.i+?/
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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
IU-21-' 474 10:25 FHOM-NCDENH ASHEVILLE HO 3282997043 T-332 P12/13 U-336
Lam. 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 ? No W
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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
'Y'es ? No ?
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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify_ )?
Yes ? No (XI 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. Required
2one* (s 1fro a feet) Multiplier Mitigation
1 3
2 1.5
Total
' Zone 1 extends out 30 feet perpendicular from near bank of channti; Zone 2 extends M
additional 20 feet from the edge of Zone 1.
Page 11 of 12
10-G1-` 04 10: 2b 1~WM-NCDENH ASHEVILLE 130 8282997043 T-332 P13/13 U-336
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. Jf 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.
441 XYI. It Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wast
/VIN ewater generated from the proposed project, or available capacity of the subject facility.
C.? 41L ._ysz - C'. /uc t )' q 6 r 1 CS oft ?)G C.!i

XIII.# Violations (required by DWQ)
Is this site in violation of D'WQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV.,t 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 outgide of the applicant's control).,
V? / ?.`?n Co..? ?+.u?'? G'F ?L {' "?? y r 't ?/?dc? ,1{'??G? err ? 0 /?, ? 'ri . is ??csi.
.vr?c ? r c?o? c.?, ???(S'.Si?J? w.?6t ?ti:Jrt ?a?//CCt/! GHQ k^?IG? OYy?r' ?4.
eoo-
Applicant/Agent's Signature 'y^ 1-7 t, 4-,% -?, ??or,c?it7r Date
(Agent's signature is valid only if an authoriza on letter from the applicant is provided.)
Page 12 of 12
p 7
DWQ# 0L4 - ?n 1 1 Date Who Reviewed: ?l•'tl'?V?
Plan Detail Incomplete
Please provide a location map for the project.
Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
I Please show all wetland impacts including fill slopes on the site plan.
Please indicate all buffer impacts on the site plan.
??i Please indicate proposed lot layout as overlays on the site plan.
Please indicate the location of the protected'buffers as overlays on the site plan.
u e
Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
/? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater.management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted. ;
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide adtlitiohal
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimi7P the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 211.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.