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HomeMy WebLinkAbout20040714 Ver 1_COMPLETE FILE_20040430o c c:; , -: R i i;:a D Certificate of Completion kip 7 1005 WATER QUALITY LILNR DWQ Project No.: ©t{ -Q`J \ A County: G MID STORMWATER BRANCH Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: , cAl ? V°t , Z U 0 Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, Q \Qn ?)t . ??4\•, \\ ; IQ S , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: o?0F W A T69 Gy Michael F. Easley Governor William G. Ross, Jr., Secretary p .? Department of Environment and Natural Resources Alan W. Klimek, P.E., Acting Director Division of Water Quality --------------- CERTIFIED MAIL: 7002 3110 0003 6489 7899 RETURN RECEIPT REQUESTED May 27, 2004 Watauga County DWQ# 04-0714 Mr. Alan Phillips 1304 Silverstone Road Zionville, NC, 28698 Dear Mr. Phillips: WETLANDS 1401 (;R01jp JUN o 9 2004 WATEq QiWjT Y SF t On April 30, 2004, the NC Division of Water Quality (DWQ) received your application for a General 401 Water Quality Certification to impact 60 linear feet of stream on Silverstone Road in Watauga County. In order that we may determine your project's compliance with 15A NCAC 2H .0500, please provide seven (7) copies of the following information: 1. The site map provided with your application does not adequately depict the area of proposed impact. Please provide a map that details the location and number of feet of stream channel impact. This map should clearly and accurately indicate the position of the stream channel you propose to impact relative to adjacent property lines, nearby roadways, culverts, buildings, and any other significant structures immediately above and below this stream reach. 2. Please explain why placing fill (piping) in this stream is necessary to control bank erosion as opposed to other available methods that do not require impacts to the stream channel. Please fully discuss the suitability of other bank stabilization techniques to your site. 3. Please indicate whether the stream is perennial or intermittent along the section you propose to impact. 4. In Section I. Item 2., please indicate which Nationwide, Regional or General Permit you are requesting from the U. S. Army Corps of Engineers for this project. 5. Please complete Section VI. Proposed Impacts to Waters of the United States/Waters of'the State. Please indicate by filling in "N/A", any parts of this section that are not applicable to your project. For any other Sections of the application that are not applicable to your project, please indicate by filling in "N/A". 6. In Section VII. of the application, no information is provided to show avoidance and minimization. Please describe what methods and/or alternatives were taken to minimize this impact and what, if any, can be taken to avoid it altogether. Until the information requested in this letter is provided, I will request (by copy of this letter) that the U.S. Army Corps of Engineers place this project on hold. Also, this project will be placed on hold for DWQ processing due to incomplete information (15A NCAC 2H.0507(h)). The processing of this application will begin when the requested information is received. Please be advised that if your proposed activity.is subject to Section 404 of the Clean Water Act (33 U.S.C. 1344), you must also receive a Section 401 Water Quality Certification from the N. C. Division of Water Quality before you begin any work. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 Please send the requested information to Ms. Cyndi Karoly, N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you have any questions, please contact Mr. Daryl Lamb, DWQ, Winston-Salem Regional Office, at (336) 771-4600 extension 272. Sincerely, Steve W. Tedder Regional Supervisor Division of Water Quality SWT/cdl cc: Steve Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office DWQ, Winston-Salem Regional Office 401/Wetlands Unit File Copy Central Files 4 W AT FRpG r O `C July 19, 2004 DWQ# 04-0714 Watauga County Mr. Alan H. Phillips 1304 Silverstone Road Zionville, NC 28698 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Phillips: You have our approval, in accordance with the attached conditions, to place permanent fill in 60 linear feet of perennial stream for the purpose of bank stabilization and erosion control along that portion of an unnamed tributary to Sharp Creek which crosses your property at 1304 Silverstone Road (SR 1306) near Zionville, Watauga County, as described in your application received by the Division of Water Quality (DWQ) on April 30, 2004 and in additional correspondence received on June 9, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). 2. If riprip is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. The combined length of culvert and riprap placed in the channel shall not exceed 60 linear feet. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the streambed must not be increased 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 Coleen H. Sullins, Deputy Director Division of Water Quality N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwctlands) Customer Service #: 1-877-623-6748 Alan H. Phillips Page 2 July 19, 2004 by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of the culvert. 3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. The Certificate of Completion should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the certificate. Along with the Certificate of Completion, please send photographs upstream and downstream of the culvert site to document correct installation. If you do not accept any of the conditions of this certification, 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. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cdl Attachments cc: Steve D. Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Alan Phillips Project Number 04 0714 Recvd From APP Received Date 4/30/04 Recvd By Region Project Type to control bank erosion Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Type Type Impact Score Index Prim. Supp. Basin Req. Stream Impacts (ft.) Feet Req. ME 39 CreekO Y _0N F- 8-15-6 rC [__ 40,201. I F_ 60.00 Mitigation Wetland MitigationType Type Acres Feet I 'F- r F_ Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? O Y ON Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 401634 Longitude (ddmmss) 567242 Comments: A site visit made on 07/13/2004. This site is a single family residence located north of Boone. This residence is part of a small residential enclave surrounded by alldcultural land. The applicant proposes to place 60 If of 72-inch culvert in an unnamed tributary to Sharp Creek which flows along the north edge of his property. On the PCN this tributary is described as intermittent, but at the time of the site visit it had appreciable flow. Based on a conversation with the a Ipp icant, this stream is probably perennial. Metmoataon requirements may apply to future impacts. County Watauga County2 Region Winston-Salem cc: Regional Office Central Office Page Number 1 Facility Name Alan Phillips County Watauga Project Number 04 0714 Regional Contact: Daryl Lamb Date: 7/14/2004 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 C? W Ar?q O `C 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 Coleen H. Sullins, Deputy Director Division of Water Quality July 19, 2004 DWQ# 04-0714 Watauga County Mr. Alan H. Phillips 1304 Silverstone Road Zionville, NC 28698 WETLANDS / 401 GROU? APPROVAL of 401 Water Quality Certification with Additional Conditions JUL 26 _44 Dear Mr. Phillips: VOTER QUALP'f 6EG i ., You have our approval, in accordance with the attached conditions, to place permanent fill in 60 linear feet of perennial stream for the purpose of bank stabilization and erosion control along that portion of an unnamed tributary to Sharp Creek which crosses your property at 1304 Silverstone Road (SR 1306) near Zionville, Watauga County, as described in your application received by the Division of Water Quality (DWQ) on April 30, 2004 and in additional correspondence received on June 9, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 which can be viewed on our web site at hftp://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). 2. If riprip is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. The combined length of culvert and riprap placed in the channel shall not exceed 60 linear feet. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the streambed must not be increased G th NCD€NR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Alan H. Phillips Page 2 July 19, 2004 by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of the culvert. 3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. The Certificate of Completion should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the certificate. Along with the Certificate of Completion, please send photographs upstream and downstream of the culvert site to document correct installation. If you do not accept any of the conditions of this certification, 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 1506 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. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, /V?_V Alan W. Klimek, P.E. AW K/cd I Attachments cc: Steve D. Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Triage Check List Date: Project Name: iu? DWQ#: DV-6?/y County: To: ? ARO Mike Parker ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO N eran ? MRO Alan Johnson SRO Daryl Lamb ? RRO Steve Mitchell From: Telephone : (919) 73314>Vo The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues El Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill El Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? Check drawings for accuracy Is the application consistent with pre-application meetings? ? umulative impact concern Comments: WETLANDS 1401 (;ROUp JUN 0 9 2004 WATER QUALITY SECTjON Ms CynAl Karoly, In response to your requested information. Item 1: I apologize that my area map is so crude, but it seems to be the best that I can do. As for surrounding property, my father owns all property surrounding mine. I own all the property that this project will take place on. Item 2: I have spoken with local authorities about this project. The stream bank is so steep and so deep, I would have to cut down trees and lose so much of my yard space in order to get the stream bank on proper slope. Piping is the only feasible alternative. During recent heavy rains and floods, the stream bank continues to wash away. I have lost about two to four feet of yard space due to this. Nothing I have done in the past has been successful at controlling this erosion. It has yet to fail, every time I get a good stand of vegetation on the bank, it comes a heavy rain and washes it away. This has become very expensive and frustrating. Item 3: The stream is intermittent. Item 4: I have already obtained a Nationwide Permit from the U.S. Army Corps of Engineers for this project. You should have gotten a copy of this with my original re- quest. If not, I have enclosed another copy. Item 5: see attached copies. Item 6: see attached copies Again, I appreciate your time and consideration in this matter. Thank you in advance for allowing me to do this project. I am looking forward to getting this situation quickly resolved. Alan Phillips 1304 Silverstone Rd. Zionville N.C. 28698 IOC-U-%/ L;m- , ?. t I r vi C' ,D f 2? vc -b ?i l3 C R`' 1 ? V VY v) v a TJJ C ?? T Cr'? n =ci ? Q a ? V r? RPR.28.2004 10:14RM N0.562 P.1 Offce Use Only: IN y2602 USACE Action ID No. DWQ No. '% (If any particular item is not applicable to this project, please enter "Not Applica ! 1. Processing ". 1, Check all of the approval(s) requested for this project: ? Section 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: X ?i 0AW 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here; ? 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: ? II. Applicant Information 1. Owner/A 11 ant Information Name: k_0 VA Mailing Address: 1?0?1 Telephone Number:W0 q:1 - &k(QZFax Number: E-mail Address: ?.i\\ osa ? n ik f e-ALt 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: Fax Number.- E-mail Address: Page 5 of 12 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200430731 County Watauga Quad ZIONVTT.T,F. GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Alan H. Phillips Address: 1304 Silverstone Road, Zionville, NC 28698-9,360 Telephone No: (704) 297-5163 Zone: 44 UTM or LAT/LONG: North: 4016339 East: 567242 Size and Location of project (water body, road name/number, town, etc.): Property located approx. 9 miles west of Boone, Silverstone Rd. (SR 1306); near Zionville Description of Activity: Add an additional 60 LF of 72-inch culvert in an unnamed tributary to Sharp Creek for the purpose of controlling severe bank erosion on the property. Previously, 60 LF of culvert had been installed and authorized under Action ID. 199604167. Applicable Law: -X- Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: NW39 Nationwide Permit Number Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions, those conditions outlined in the enclosed NCWRC letter dated April 6, 2004, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/pernuts. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: April 19, 2004 Corps Regulatory Official: Stephen D. Chapin Expiration Date of Verification: April 19, 2006 Telephone No.: (828) 271-7980 x 224 Enclosure: NCWRC letter CESAW Form 591 Revised July 1995 RPR.28.2004 10:15RM N0.562 P.4 1. Provide a written description of the proposed impacts: k_o &JJP on J,,S 2. Individually list wetland impacts below: 1A ( A 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 tempotmry 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-Yoar 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 tho FEMA Map Service Center at 1-800-358-9616, or online at httn:/Lwww.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 USAGE only). List the total acreage (estimated) of all e7tis i wetlands on the property:les& 44otrn ??1?xrG 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" Length of Impact linear feet Stream Name" Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) _Z 12 c C-c '4 2- ; List each impact separately and identify temporary impacts. Impacts include, but are not limited to: eulvorts 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, gabioas, etc.), excavation, ditching/stralghtening, 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 ww.nsas.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., Yzww,topozone.ccm, www.mapquaat.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 67 0 Fes, Page 8 of 12 RPR.28.2004 10:15RM N0.562 P.5 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: /V/ n_ Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. LaL eawk uupacc soparalmy aria iacnury temporary impacts. Impacts include, but an 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): ? uplands ? stream ? 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 tech niques to be followed during construction to reduce impacts. P', n CA) iOuL -? AS w U kc 5 7it:? IncnlL ?QS ?ci1e,? _sS Jv S eeV d- 40 6= .a ?,pS I?GS?inp OLW ckv. Once nrul e.c_ i S CQ',mn\-0 l xo'_X . ,-u 1( '5n0 014(h "p-r-1 shw'k ? e n, tr _gre?t?. t. _ b zd gt 1? F?,+t?e well bn, r., y o?ce, o,rG",K VIII. Mi ,g on ° Pro.v en-{- Si1-? Frd?.?t eve-fef? n9 Srr??,at. 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 O?O? W AT F9QG r O ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Acting Director Division of Water Quality May 27, 2004 Watauga County DWQ# 04-0714 CERTIFIED MAIL: 7002 3110 0003 6489 7899 RETURN RECEIPT REQUESTED Mr. Alan Phillips 1304 Silverstone Road Zionville, NC, 28698 Dear Mr. Phillips: On April 30, 2004, the NC Division of Water Quality (DWQ) received your application for a General 401 Water Quality Certification to impact 60 linear feet of stream on Silverstone Road in Watauga County. In order that we may determine your project's compliance with 15A NCAC 2H .0500, please provide seven (7) copies of the following information: The site map provided with your application does not adequately depict the area of proposed impact. Please provide a map that details the location and number of feet of stream channel impact. This map should clearly and accurately indicate the position of the stream channel you propose to impact relative to adjacent property fines, nearby roadways, culverts, buildings, and any other significant structures immediately above and below this stream reach. 2. Please explain why placing fill (piping) in this stream is necessary to control bank erosion as opposed to other available methods that do not require impacts to the stream channel. Please fully discuss the suitability of other bank stabilization techniques to your site. 3. Please indicate whether the stream is perennial or intermittent along the section you propose to impact. 4. In Section 1. Item 2., please indicate which Nationwide, Regional or General Permit you are requesting from the U. S. Army Corps of Engineers for this project. 5. Please complete Section VI. Proposed Impacts to Waters of the United States/Waters of the State. Please indicate by filling in "N/A", any parts of this section that are not applicable to your project. For any other Sections of the application that are not applicable to your project, please indicate by filling in "N/A". 6. In Section VII. of the application, no information is provided to show avoidance and minimization. Please describe what methods and/or alternatives were taken to minimize this impact and what, if any, can be taken to avoid it altogether. Until the information requested in this letter is provided, I will request (by copy of this letter) that the U.S. Army Corps of Engineers place this project on hold. Also, this project will be placed on hold for DWQ processing due to incomplete information (15A NCAC 2H .0507(h)). The processing of this application will begin when the requested information is received. Please be advised that if your proposed activity is subject to Section 404 of the Clean Water Act (33 U.S.C. 1344), you must also receive a Section 401 Water Quality Certification from the N. C. Division of Water Quality before you begin any work. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 Please send the requested information to Ms. Cyndi Karoly, N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you have any questions, please contact Mr. Daryl Lamb, DWQ, Winston-Salem Regional Office, at (336) 771-4600 extension 272. Sincerely, Steve W. Tedder Regional Supervisor Division of Water Quality SWT/cdl cc: Steve Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office DWQ, Winston-Salem Regional Office 401/Wetlands Unit File Copy Central Files Hold Letter for 04-0714 Subject: Hold Letter for 04-0714 From: Daryl Lamb <Daryl.Lamb@ncmail.net> Date: Thu, 27 May 2004 17:17:17 -0400 To: Cyndi Karoly <Cyndi. Karol y @ NCMail.Net> Cyndi, I have drafted a hold letter for this application. Steve Tedder will sign it next week (06/02), and it should be mailed by 06/03. 1 am surprised the USACE issued a NWP 39 authorization for this project. I have my doubts about the USACE Asheville office. Unless I see a very good response to the hold letter, I will recommend that this project be denied 401 authorization. Best regards, Daryl Daryl Lamb NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 272 FAX: (336) 771-4632 1 of 1 5/28/04 2:17 PM ?) LJ0, 0K d7 I( ® North Carolina Wildlife Resources Commission KN 1721 Mail Sen-ice Center, Raleigh. North Carolina 27699-1721, 919-733-3633 Charles R. Fuffik-ood. Executh a Director MEMORANDUM TO: Steve Chapin, Permit Coordinator GROUP Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: April 6, 2004 SUBJECT: Review of 404 Application, Alan Phillips Residence, 1304 Silverstone Road, Unnamed Tributary Sharp Creek, Watauga County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The proposed project is to install an additional 60' of 72" metal culvert to control creek bank erosion. The creek already has 60' of pipe installed around the driveway. Streams in the area support excellent brown trout populations. Mr. Kevin Hining, District - 7 Fish Biologist visited the site on March 31, 2004. Based on Mr. Hining's concerns about additional culverts in the area, this office visited the site on April 2, 2004. We are concerned about unnecessary cumulative impacts to mountain stream ecosystems from extensive piping that can directly reduce or fragment aquatic habitat and impede aquatic life passage. During our site visits, the stream had ample flow. Multiple culverts were already present in the area. It is likely that flow regimes have already been modified significantly by imperviousness and piping in the immediate vicinity. The front yard appeared to have minimal erosion. Destabilization is probably Alan Phillips 2 April 6, 2004 due to lawn mowing and the lack of riparian woody vegetation root mass along the stream. Instead of piping, we recommend that the stream banks be allowed to revegetate with native riparian plants. Additionally, bioengineering could be used to resolve any erosion problems instead of adding more pipes. Piping should only be considered as a last alternative as this fill will further fragment the stream and probably destabilize downstream streambanks. We do not support additional (non water dependent) impacts to these waters. If the Corps of Engineers intends to issue the permit despite resource concerns, the following recommended conditions are provided for your consideration: 1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction. 2. Additional piping should be kept to a minimum. The cumulative impacts from piping should not exceed 100 linear feet. 3. Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. 4. Due to cumulative impacts associated with the project and proposed future impacts, the applicant should notify the NC Division of Water Quality (DWQ) to determine if a 401 Certification is needed for the project. Mr. Daryl Lamb with DWQ may be contacted at 336-771-4600. Stormwater management practices may be appropriate. 5. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Daryl Lamb, DWQ-WSRO Triage Check List J .? Project Name: a ' Date: DWQ#: q County: To: ? ARO Mike Parker ?' WaRO Tom Steffens ? FRO Ken Averitte ? WiRO N6elle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Steve Mitchell r3? j 5c'II ?Q GfZwar` Telephone : (919).-7 l or From: The file attached is being forwarded to,'pur for -your evaluation. Please call if you need asosta.nce. Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on.USFW topo maps M inimiUtion/avoidance issues ? Buffer Rules (Meuse; Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ?.'Are the stream and or wetland mitigation sites available and viable? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: 0 ?1 h." I1)-7 r-A-i rin Mike, 71, I am requesting a Section 401 water quality certification from your agency. In the enclosed information you will find a NW39 Nationwide Permit issued from the U.S. Army Corps of Engineers. You will also find copies of the application I submitted to them. If you need anything more from me, you can contact me from 7a.m. - 4p.m. at 828-262-3190 ext. 129 or my home at 828-297-5163 or my email address is phillpsakgppstate.edu. You will find my address included in the application. Thank you for your attention in this matter. i , - Alan Phillips WETLANDS 1401 GROUP APR 3 0 2004 WATER QUALITY SECTION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200430731 County Watauga Quad ZIONVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Alan H. Phillips Address: 1304 Silverstone Road, Zionville, NC 28698-9360 Telephone No: (704) 297-5163 Zone: 44 UTM or LAT/LONG: North: 4016339 East: 567242 Size and Location of project (water body, road name/number, town, etc.): Property located approx. 9 miles west of Boone, Silverstone Rd. (SR 1306); near Zionville Description of Activity: Add an additional 60 LF of 72-inch culvert in an unnamed tributary to Sharp Creek for the purpose of controlling severe bank erosion on the property. Previously, 60 LF of culvert had been installed and authorized under Action ID. 199604167.• Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C. 1344) WETLANDS 1401 GROUP (check all that apply) Section 10 (River and Harbors Act of 1899) APR 3 Ga 1004 Authorization: NW39 Nationwide Permit Number WATER QUALITY SECTION Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWT) provided it is accomplishe in strict accordance with the attached conditions, those conditions outlined in the enclosed NCWRC letter dated April 6, 2004, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: April 19, 2004 Corps Regulatory Official: Stephen D. Chapin Telephone No.: (828) 271-7980 x 224 Expiration Date of Verification: April 19, 2006 Enclosure: NCWRC letter CESAW Form 591 Revised July 1995 APR.28.2004 10:14AM N0.562 P.1 Office Use Only: i ay zoo2 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applica _ E 1. Processing 1, Check all of the approval(s) requested for this project: ? Section 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: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 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 Conccm (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owncr/A licant Information Name: gi a -M Mailing Address: 1 coq ut Telephone Number: (% 2 0 - S (a ; Fax Number: E-mail Address: P?.?\\asa (ij c? n ?.1aS f Pdct 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: Page 5 of 12 RPR.26.2004 10:14RM N0.562 P.2 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans, If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 8. 2. T.I,P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location ?1a County: a Ck Nearest Town: l?4."C' Subdivision name (inclu a phase/lot number): Directions to site (include road numbers, landmarks, etc.): a linc i QS A nrd-? oE' 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): i OF1 7 7. Nearest body of water (stream/river/sound/ocean/lake).%t(2 cr e-VI Rivcr Basin- (Note - this must be one oT North Carolina's seventeen designated major river basins. River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) The 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this aDnlication: C'_reoV ", V o ^lz u :c nc.%1,% Page 6 of 12 RPR.26.2004 10:15RM N0.562 P.3 10. Describe the overall project in detail, including the type of equipment to be used: NQG2. a? ?;atGl 11, Explain the purpose of the proposed work: a-o C,n f e? ef'?L\1 1ONA V, 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. S zp- ? A a c.WA 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. ?- G.9ok \?. 1 i \L.Q Jro a? ? 4?rd ? Zd - 3 o Mar, ?-eQ? F r 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 APR.28.2004 10:15RM NU. SbG h'. 4 1. Provide a written description of the proposed impacts: 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 feot Type of Wetland's** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized elaaring, 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 1-300-358-9616, or online at htto:/Jwww.fema.gov. "** List a wetland type that best describes wetland to bo impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is iselated (determination of isolation to be made by USAGE only). List the total acreage (estimated) of all existing wetlands on the property: less 44 otyr 3 o c, 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" Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases eeif * 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, ctc. 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 mM,uscs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www lopozone.com, www.mapqucat.cam, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page S of 12 RPR.28.2004 10:15RM N0.562 P.5 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 Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. L01 eacri impact separaieiy ana ieentUy 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): ? uplands ? stream ? 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. 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 RPR.28.2004 10:16RM M. DbC h'. b 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 arc 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 htti)://h2o.enr.state.ne.us/ncwctlands/strmgjdc.ht , 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. 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 http,-//h2o.onr.state.ne.us/wrr)/inde-,.htrrL 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 RPR.28.2004 10:16RM N0.562 P.7 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 ? 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 ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? 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 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Watcr Suppl Buffer Requirements), or other (please identify )? Yes L] 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 (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of clutnnel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Pago 11 of 12 RPR.28.2004 10:16RM NU. 5bC F'. b 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 downstream from the property. XIL 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No ? Is this an after-thc-fact permit application? Yes ? 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). 0 Applicant/Agent's Signature ate r (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 I? -rj r 7 f? .1 1 C > v 6'd Z9S'ON 7 c.r O Wd9T:0T b002'82'ddd tI APR.28.2004 10:17AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT N0.562 P.10 Action Id. M601#67 . County V1/a GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner '410', Address .1304 Telephone No. Size and Location of project (water body, road name/number, town, etc.) 9 , ". r ye ry-- o -P &-> a in e 1106) eo Z Jn v17 - "'" (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: _ Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans, e e For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date Y Corps Regulatory Official s' -?- Telephonc No. Expiration Date of Verification t I SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Forth 591 Revleee Jury 1095 !?n ? S . ,?i,, vc et o .rn)C.. 0, O ( cC. Applicable Law: _Y-Section 404 (Clean Water Act, 33 U.S.C. 1344). APR.?-8.2004 10:1(HM INV.Dbc r.11 March 12, 2004 Mr. Steve Chapin U.S. Army Corps of Engineers BAR .1 6.2004 I am writing this request to you over concerns of creek bank erosion on my property. Enclosed you will find a copy of the permit issued by your office on 7/24/96 allowing me to make improvements to my property. Through these improvements the erosion problems can be eliminated, but as you can see the permit has expired. I was financially unable to complete this project in the all tied time. I now wish to continue with the extension of approximately 'ft. of 72 in. culvert. The address and location is the same as on previous permit. 60 o 7 /1 e dc:2f^or°- I have spoken with local inspectors,and mine, and your contact person is Jimmy Warren, Dept. of Planning and Inspections. Watauga County, Boone N.C. 28607. Phone 828-265-8043. I most sincerely appreciate your time and consideration in this matter. Directions to my property. 9 miles west of Boone on Hwy. 421. Left on Tater Hill Rd. Right on Silverstone Rd. First house on the right. I can be reached by phone between the hours of 7 a.m. - 4 p.m. M-F at 828- 262-3190 ext. 129 or my home phone is 828-297-5163. Again, thank you for your attention in this matter. Alan T T, Phillips-- 64,j r PC 6a APR.28.2004 10:17AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id, rqq( 0`f1 NO. i V D MAR 16 2004 C.iU-nty KIC GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner Alan 1, Address 1304 S??dP?S'?vr+?°, d 7 /o,7 vi % e- A I C- Z-P 6 8 Telephone No, Size and Location of project (water body, road name/number, town, etc.) 11o6) neoC If ar,grilra, (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: _---Regional General Permit Number. / 4k Nationwide Permit Number, Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within the twenty coastal counties, before beginning work you must contact the N,C, Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWR Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action, This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 3- Corps Regulatory Official Telephone No. :X-71 ' 41©17" Expiration Date of Verification SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC,, MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE, CESAW Form Sol Revised Juty 1095 0 ( U C Applicable Law: Section 404 (Clean Water Act, 33 U.S.C. 1344). APR.28.2004 10:18AM N0.562 P.13 RATx0NWIDB PERMIT 914 coxnzxlaz?s INFORMATION a. All crossings must be from high ground to high ground. b. Bridging will be required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North•Carolina Wildlife Resources Commission (NCWRC) if the District Engineer (DE) determines that the use of culverts would likely preclude the continued use of the upstream waters as spawning areas for the anadromous fish. NATIONWIDE CONDITIONS a. The width of the fill is limited to the minimum necessary for the actual crossing. b. The fill placed in waters of .the U. S. is limited-to a filled area no more than 1/3 acre, c. No more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands. d. Crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and the movement of aquatic organisms. e. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the U.S, f. Fills in special aquatic sites, including wetlands, require a 30- day notification to the District Eagineer (DE). The notifications must include a delineation of affected special aquatic sites, including wetlands. g• Where local circumstances indicate the need, the District Engineer (DE) will define the term "expected high flows" for the purpose of establishing the applicability of this nationwide permit. GENERAL CERTIFICATION CONDITIONS a. Proposed fill or substantial modification under this General Certification requires written concurrence from the North Carolina Division of Environmental Management (NCDEM). b. If written concurrence is not issued by the North Carolina Division of Environmental Management (NCDEM) within 45 days from receipt of a complete application by the Division's Section 401 Certification office in Raleigh, then Section 901 Certification is waived for this Nationwide Permit unless additional information is requested by the Director. C. The width of the fill is limited to the minimum needed for the crossing. d. The roadway width shall be minimized as much as practicable and that no practicable alternative exists. e. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). APR.28.2004 10:18RM NU.?>be r.14 f. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. g. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. h. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDEM. 04-0714 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200430731 County Watauga Quad ZIONVIi,L GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Alan H. Phillips WETLANDS/ 4A1 GROUP Address: 1304 Silverstone Road, Zionville, NC 28698-9360 Telephone No: (704) 297-5163 APR 3 0 2004 Zone: 44 UTM or LAT/LONG: North: 4016339 East: 567242 WATER quA114 ?TION Size and Location of project (water body, road name/number, town, etc.): Property located approx. 9 Ne Boone, Silverstone Rd. (SR 1306); near Zionville Description of Activity: Add an additional 60 LF of 72-inch culvert in an unnamed tributary to Sharp Creek for the purpose of controlling severe bank erosion on the property. Previously, 60 LF of culvert had been installed and authorized under Action ID. 199604167. Applicable Law: -X Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: NW39 Nationwide Permit Number Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions, those conditions outlined in the enclosed NCWRC letter dated April 6, 2004, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The perimittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: April 19, 2004 Corps Regulatory Official: Stephen D. Chapin Expiration Date of Verification: April 19, 2006 Telephone No.: (828) 271-7980 x 224 Enclosure: NCWRC letter CESAW Form 591 Revised July 1995 APR.28.2004 10:14AM N0.562 P.1 T,.-. in. Office Use Only: io 19 A.72,6 0-2 USACE Action ID No. DWQ No, W (If any particular item is not applicable to this project, please enter "Not Applica _ ! 1. Processing 1, Check all of the approval(s) requested for this project: ? Section 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: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 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: ? U. Applicant Information 1. Owncr/A licant information Name: Xn A ?7_41 •.1\ Mailing Address: ),-1o2 S, t1?? efs c?nsZ 146 • 7__,onu r Telephone Number: L-1 2 Fr) Zq] Fax Number: E-mail Address: P1,.?\tdsa nn cAgk ? p.du 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: Page 5 of 12 RPR.28.2004 10:14RM NU. 562 P.2 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 USACL 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 (Tax PIN): 4. Location ao County: U Ct, Nearest Town: 1?4.,,e- Subdivision name (inclu c phase/lot number): - Directions to site (include road numbers, landmarks, etc,): al Anr4-1,% oF' 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): t O( Ty 7. Nearest body of water (stream/river/sound/ocean/lake): 6 ar j2 U e4z) 8, River Ba (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/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Cre9,V )na1?LQ?-OS 12e 1o1er- Page 6 of 12 APR.28.2004 10:15RM 10. Describe the overall project in detail, including the r_r,(r-, ^C ---t -ytc._..I __ - E - I n _%.._. N0.562 P.3 of equipment to be used: \ i in 0 Mg- C 1%~ F P?P_Q_ ll'' 11, Explain the purpose of the proposed work: A-o Q nA+ f ak of SCAL )OD,A 1?. 4?,ro3 t 0 A . 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. ?. wok\?. 1 i 1L? 1,p a? Q?rd 7-0- 10 Mar, -?F rW)v_ o nnn [`.tk 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 arc 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 RPR.26.2004 10:15RM 1. Provide a written description of the proposed impacts: NO.5be H.4 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"I es/no Distance to Nearest Stream linear feet Type of Wetland*** * 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-Yoar 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 tho FEMA Map Service Center at 1-800-358-9616, or online at halt://svww.fema.aov. 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: less 44 or`r Z0 , re? 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" Length of Impact linear feet Stream Name*" Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) 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, ctc. 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 1tiamiisns.aov. Several internet sites also allow direct download and printing of USGS maps (c.g., www tooo7one.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page S of 12 RPR.28.2004 10:15RM N0.562 P.5 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 Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identity 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): ? uplands ? stream ? 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. 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 pertnnial streams. Page 9 of 12 RPR.28.2004 10:16RM NU. 5bd F'. b 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 htti)://h2o.enr,state.nc.u.,./ncwctlands/.-,frmgidc.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. 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 4ttp;//h2o.enr.state.ne.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): 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 APR.26.2004 10:16RM N0.562 P.7 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 ? No t/ 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/SL•PA document is required, call the SEPA coordinator at (919) 733-5083 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. Yes ? 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 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Suppl Buffer Requirements), or other (please identify )? Yes H No e 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 Zone* s uImpact are feet Multiplier Mitigation 1 3 2 1.5 Total Zone 1 extends out 30 foot pcrpandicular from near batik of channel; Gone 2 extends an additional 20 feet from the edge of Zone 1. Pago 11 of 12 APR.28.2004 10:16RM NU.bbi:? H.b 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. 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. XIL 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? 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). 0 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 \, I IA f J C ? v 6'd z9S'ON _ L ^?6 7 0 .. v WU91:0T b00Z'82*6dd APR.26.2004 10:17AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT N0.562 P.10 Action Id. 1 to OW ?7 County Klc GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner /4 ?? ^ / •? , ?l es Address Z,d,? A 2,? 6 9? Telephone No. Size and Location of project (water body, road name/number, town, etc.) rrr " G+/eJ'"'y"' o `[- ?, 0 ., a _ S , ryfr-J' Ptdnv-- Ao{ L,' re, 13 0 6) n&-n e - Zon vd ht Descriotion of Activitv A* d/a e-p- 'i_ L o.w.- -C-e- _ _ (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans, lip e Ali, e For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 24-f-I /26 Corps Regulatory Official S -?- Telephone No. :1-71- Expiration Date of Verification _ t Z -a L SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 561 Arvload July 1093 '- Applicable Law: _Y-Section 404 (Clean Water Act, 33 U.S.C. 1344). APR.28.2004 10:17RM NU .JbG r'.ll March 12, 2004 Mr. Steve Chapin U.S. Army Corps of Engineers rzR -i 6`2001 I am writing this request to you over concerns of creek bank erosion on my property. Enclosed you will find a copy of the permit issued by your office on 7/24/96 allowing me to make improvements to my property. Through these improvements the erosion problems can be eliminated, but as you can see the permit has expired. I was financially unable to complete this project in the allotted time. I now wish to continue with the extension of approximately 'ft. of 72 in. culvert. The address and location is the same as on previous permit. (? ?? 60 o -? 7 Z- ' 11 ore- I have spoken with local inspectors,and mine, and your contact person is Jimmy Warren, Dept. of Planning and Inspections. Watauga County, Boone N.C. 28607. Phone 828-265-8043. I most sincerely appreciate your time and consideration in this matter. Directions to my property. 9 miles west of Boone on Hwy. 421. Left on Tater Hill Rd. Right on Silverstone Rd. First house on the right. I can be reached by phone between the hours of 7 a.m. - 4 p.m. M-F at 828- 262-3190 ext. 129 or my home phone is 828-297-5163. Again, thank you for your attention in this matter. Alan K Phillips-- r `S 'e' PC C- 6 a I APR.2e.2004 10:17AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. r"6 DW N0.562 1?2? h M E. MAR 16 2004 C<urnty ? v GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner Al a, 13 e4 s Address 1304 7- 7 Telephone No. Size and Location of project (water body, road name/number, town, etc.) 11_0_6) neon- "7f o1, 6't r 18- (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: -----Regional General Permit Number. Nationwide Permit Number, Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within the twenty coastal counties, before beginning work you must contact the N.C, Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the ROP or NWR Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. 19 A Date -Z 4)- q Corps Regulatory Official S ?.- Telephone No.7?r Expiration Date of Verification SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 RevIted Jury 1995 Applicable Law: _Y Section 404 (Clean Water Act, 33 U.S.C. 1344). APR.28.2004 10:18AM N0.562 P.13 AT NWI 8 PERM T 4 CoNpXT19MO INFORMATION a• A11 crossings must be from high ground to high ground. b. Bridging will be required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North,Carolina Wildlife Resources Commission (NCWRC) if the District Engineer (DE) determines that the use of culverts would likely preclude the continued use of the upstream waters as spawning areas for the anadromous fish. NATIONWIDE CONDITIONS a• The width of the fill is limited to the minimum necessary for the actual crossing. b. The fill placed in. waters Of..the U. S. is limited-to a filled area no more than 1/3 acre, c. No more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands. d. Crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and the movement of aquatic organisms. e. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the U_s, f. Fills in special aquatic sites, including wetlands, require a 30- day notification to the District Engineer (DE). The notifications must include a delineation of affected special aquatic sites, including wetlands. g• Sphere local circumstances indicate the need, the District Engineer (DE) will define the term "expected high flows" for the purpose of establishing the applicability of this nationwide permit. GENERAL CERTIFICATION CONDITIONS a. Proposed fill or substantial modification under this General Certification requires written concurrence from the North Carolina Division of Environmental Management (NCDEM) b. If written concurrence is not issued by the North Carolina Division of Environmental Management (NCDEM) within 45 days from receipt of a complete application by the Division's Section 401 Certification office in Raleigh, then Section 4ol certification is waived for this Nationwide Permit unless additional information is requested by the Director. C. The width of the fill is limited to the minimum needed for the crossing. d. The roadway width shall be minimized as much as practicable and that no practicable alternative exists. e. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). APR.28.2004 10:1BRM a NU.Sbc? H.14 f, Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. g. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. h. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDEM. A 0, 71" 4 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200430731 County Watauga Quad ZIONVILLF. GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Alan H. Phillips WETLANDS/ 4Q1 GROUP Address: 1304 Silverstone Road, Zionville, NC 28698-9360 Telephone No: (704) 297-5163 APB' 3 0 1004 Zone: 44 UTM or LAT/LONG: North: 4016339 East: 567242 ?I?I (?''Q' ??y eC Size and Location of project (water body, road name/number, town, etc.): Property located apprRo "9'thiles 99TJON Boone, Silverstone Rd. (SR 1306); near Zionville Description of Activity: Add an additional 60 LF of 72-inch culvert in an unnamed tributary to Sharp Creek for the purpose of -controlling severe bank erosion on the property. Previously, 60 LF of culvert had been installed and authorized under Action ID. 199604167.• Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: NW39 Nationwide Permit Number Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions, those conditions outlined in the enclosed NCWRC letter dated April 6, 2004, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the pemiittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: April 19, 2004 Corps Regulatory Official: Stephen D. Chapin Expiration Date of Verification: April 19, 2006 Telephone No.: (828) 271-7980 x 224 Enclosure: NCWRC letter CESAW Form 591 Revised July 1995 APR. Eb. c?Ub4 10: 14HM INV. JbG r. I ;-oe Office Use Only; co ?y 2002 USACE Action ID No. DWQ No, 4 (If any particular item is not applicable to this project, please enter "Not Applica _ l 1. Processing 1, Check all of the approval(s) requested for this project: ? Section 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: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here; ? 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: ? II. Applicant Information 1. Own /A licant information Name: i n Ln l \ Mailing Address: Telephone Number:L-v 20 (g,!-, Fax Number: E-mail Address: P1.t1\ 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: Page 5 of 12 Hh' . CC ..:XU4 I U - 14HI'I I IV. aoc r. C_ III. Project Information 3 4 5 8. 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 rattier 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): Property Identification Number (Tax PIN): Location X10 County: a C, Nearest Town: 1? 4ortQ_ Subdivision name (inclu c phase/lot number): Directions to site (include road numbers, landmarks, etc.): 01 m,, k P_S to nrs,. oF' 6. Property size (acres): a GFIT 7. Nearest body of water (stream/river/sound/ocean/lake): S6,t-j2 Cam(' e? River Basin:- S62?,?uam 7 (Note - this must be one o North Carolina's seventeen designated major river basins. River Basin map is available at http://h2o.cnr.state,nc.us/admin/maps/.) The Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: e,r!ep,VL Page 6 of 12 Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) APP.28.2004 10:15AM 1`1V. JbG r. J 10. Describe the overall project in detail, including the type of equipment to be used: 0\0-c -e- oU; ono'l 11, Explain the purpose of the proposed work: -Vo 0nA l'ek eXgaQ- 1DP,nV. Q.1'C?s i 0 ?/? . 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 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 HHN. eU. eU1 J4 1U; 1Z>HI'1 i7v.?oc r.ti 1. Provide a written description of the proposed impacts; 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact" Area of Impact acres Locatcd 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 are not limited to: mechanized cloaring, grading, fill, cxeavation, 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 tho FEMA Map Service Center at 1-300-358-9616, or online at httn;Uwww.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: Less -?? ot"2Qcr? Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Ntunber indicate on ma Type of Impact" Length of Impact linear feet Stream Name'* Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) - 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 simcturc 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/stralghtening, sec. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated stroams inust 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 1-800-35S-9616, or online at v?vvwats?s.aov. Several internet sites also allow direct download and printing of USGS maps (c.g., www.tooo7ene.com, www.mapLlucat.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page S of 12 Hh'K. fib. 00104 10; 1JHI'I 1`IV. JOG r. J 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 Site Number indicate on ma Type of Impact* Area of Impact acres Name Wate) (if applicable) Type. of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but an 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): ? uplands ? stream ? 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. 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 HI-' .ed.e0104 i0eitHI'I irv. roc r. o 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 arc 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 httn://h2o.enr.state.nc.t s/ncwctlands/. trmgidc html. I . 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. 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 http;//h2o.onr.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); Pago 10 of 12 RPR.26.2004 10:16RM 17V. JOG r. r 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 ? No t/ 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 ? No 0 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? 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 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Suppl Buffer Requirements), or other (please identify )? Yes ?] No e 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 square feet Multiplier Required 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. Pago 11 of 12 APK. i Eb. c 4004 1U; 1bHM i iv. -)OC r. o 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 stormwatcr controls proposed in order to protect surface waters and wetlands downstream from the property, XIL 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? 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). 0 Applicant/Agent's Signature ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 APR.28.2004 10:16AM C 0 v? P.5 NO. 56F n r? 0 n N b e? • ..T ? ._ '? 2aa ^ APR.28.2004 10:17AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT NU. Sbc? h'. 10 Action Id. . County w!???+ y5;.g GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION((JJ Property owner 1410 P1 4, tbs Address- .S.?yPrcy-cl 9?- Telephone No. Sias and Location of project (water body, road name/number, town, etc.) L nytf(o-- (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. .. /^ Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. C 11111911" e e For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWl? Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work- If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date :Z ?-b 6 Corps Regulatory Official s -?- Telephonc No.?1 Expiration Date of Verification ? / l? SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Forth 561 115V1996 July 1995 1/%la ?.J S . Tom. ,oG e`?' ?n N i ?f-?c-S Q,,ry X !? , O ( ra . Applicable Law: _Y Section 404 (Clean Water Act, 33 U.S.C. 1344). nrr".co.C-Uu-1 lu-1rr11I 1-?V- 1 .11 _RE If March 12, 2004 so Mr. Steve Chapin •1 6`20' U.S. Army Corps of Engineers I am writing this request to you over concerns of creek bank erosion on my property. Enclosed you will find a copy of the permit issued by your office on 7/24/96 allowing me to make improvements to my property. Through these improvements the erosion problems can be eliminated, but as you can see the permit has expired. I was financially unable to complete this project in the allotted time. I now wish to continue with the extension of approximately ft. of 72 in. culvert. The address and location is the same as on previous permit. 6©? o -?- ?? c-10 ll qv r ore- I have spoken with local inspectors,and mine, and your contact person is Jimmy Warren, Dept. of Planning and Inspections. Watauga County, Boone N.C. 28607. Phone 828-265-8043. I most sincerely appreciate your time and consideration in this matter. Directions to my property. 9 miles west of Boone on Hwy. 421. Left on Tater Dill Rd. Right on Silverstone Rd. First house on the right. I can be reached by phone between the hours of 7 a.m. - 4 p.m. M-F at 828- 262-3190 ext. 129 or my home phone is 828-297-5163. Again, thank you for your attention in this matter. - - Alan H, Phillips-- G 1 6?? APR.28.2004 10:17AM U.S. ARM'Y' CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 1296 O` 167 I`IU?{SbG 1G? MAR 16 2004 We Cciunty GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner /9 art 14, rl "' /1 ' e S Address ?. O S, 2d P (7 Sf y,,t°, 9,57e, o Telephone No. Size and Location of project (water body, road name/number, town, etc.) q n?.o r-/ a?? ?r l /c? 11o6) Description of Activity e- -P- a_ /on : f:m . ton cat _ `P X - i d t a .,ti.. I r-'? r .On S e = -l- .L-?,o-Ytec_. 1i er vnF/&- lKi???S Applicable Law: _ -Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: ---Regional General Permit Number. Nationwide Permit Number, Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Q? a For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWR Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action, This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date :Z/a- q J2 6 1. Corps Regulatory Official : Telephone No. `? Expiration Date of Verification /2 1 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC,, MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Aevped July 1995 APR.28.2004 10:18AM NU. Z>bef r.I VATIONWIDE PSRMXT #14 GO1VaZTI0N8 INFORMATION a• All crossings must be from high ground to high ground. b. Bridging will be required in areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) if the District Engineer (DE) determines that the use of culverts would likely preclude the continued use of the upstream waters as spawning areas for the anadromous fish. NATIONWIDE CONDITIONS a• The width of the fill is limited to the minimum necessary for the actual crossing. b. The fill placed in waters of the u. s. is limitedto a filled area no more than 1/3 acre, C. No more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands. d• Crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and the movement of aquatic organisms. e. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the U.S. f. Fills in special aquatic sites, including wetlands, require a 30- day notification to the District Engineer (DE). The notifications must include a delineation of affected special aquatic sites, including wetlands. g• Where local circumstances indicate the need, the District Engineer (DE) will define the term Ilexpected high flows' for the purpose of establishing the applicability of this nationwide permit. GENERAL CERTIFICATION CONDITIONS a. Proposed fill or substantial modification under this General Certification requires written concurrence from the North Carolina Division of Environmental Management (NCDEM). b• If written concurrence is not issued by the North Carolina Division of Environmental Management (NCDEM) within 45 days from receipt of a complete application by the Division's Section 401 Certification office in Raleigh, then Section 401 Certification is waived for this Nationwide Permit unless additional information is requested by the Director. C. The width of the fill is limited to the minimum needed for the crossing. d. The roadway width shall be minimized as much as practicable and that no practicable alternative exists. e. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated trout waters by the North Carolina Division of Environmental Management (NCDEM), 2S NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters) I"Irf[. CO. GY Ulf IV- lOP9l-I ? r 11 V. J I. - f. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. g. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. h. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDEM. i ?. +'i i ? z. YM ??II .. {l f .,o„