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HomeMy WebLinkAbout20040739 Ver 1_COMPLETE FILE_20040507 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 June 28, 2004 DWQ Project # 04-0739 Burke County Page 1 of 2 Jackie Ray Cook and Tonia Gail Cook 2855 Flat Gap Road Valdese, NC 28690 Subject Property: Jackie and Gail Cook property Burke County Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. and Ms. Cook: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 100 feet of streams forthe purpose of culverting a stream to prevent yard flooding at the subject property, as described within your revised application dated May 7,2004 and received by the N.C. Division of Water Quality (DWQ) on May 7, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number GC3402. The Certification(s) allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non- discharge, and Water Supply regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 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), (htto://h20,enr,state,nc,uslncwetlands) Customer Service #: 1-877-623-6748 . Jackie and Gail Cook: Page 2 of 3 June 28, 2004 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) Stream 100 (feet) 2855 Flat Gap Rd, PIN 273208893033 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for,the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Suiface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures win Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored Jackie and Gail Cook: Page 3 of3 June 28, 2004 within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296- 4500. Sincerely, A WK/jrd Enclosures: GC 3402 Jackie and Gail Cook: Page 4 of 3 June 28, 2004 Certificate of Completion cc: Amanda Jones, USACE Asheville Regulatory Field Office Kevin Barnett, DWQ Ashville Regional Office File Copy Central Files Filename: 040739Cook(Burke)401 "tJ < m m ... 3 D.i' - ~ (i' 0 0 (1) 0 :0 0 (1) c ~ ~ c .g (1) (/) 0 en oI:lo .. I 0 ..... Q) ~o C) ~ (1) ~ Qo )> ~ ~ Cir ::J: (1) 0. ... 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OJ () c... 0 0 '< 0 0 :T 0- :J :T :J N a. :J 0 0 $>> ^ 0 (/) 0 N 0 .... .., $>> .., ~ :J CD .., :J CD (") 0 CD '< c: -< '< 0 01 01 01 0 01 - - - 0:0 ~ ...... ...... ...... Q ~ ...... m (1) ;:, ....0 ~ 0 0 (1) (1) ~ ~ ~ ~. 0. 0 ~ ... ~ ~ ...... ~ 00 (Xl Q <0 m"C - 25 25 0 ....0 ~ ~ 0 ~ (1) (1) ~ m 0. --I D> """""C C. '< -0 """""C o "'-. CD (') .-+ en D> en o -h c... c: :J CD I\) VJ ... I\) o o ~ .~ Office Use Only: Fonn Version May 2002 USACE Action ID No. DWQ No. 0 iq (} -, 3 9 (Ifany particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ~Section 404 Permit 0 Riparian or Watershed Buffer Rules o Section 10 Permit 0 Isolated Wetland Permit from DWQ 0' 40 1 Water Quality Certification j. ~ . h.e- ~ s s h.e lI)().l. \!-\;)~, u sin "a 'i A Tis . r hi) v t U\ 1\ e 01 A'/l1~noA D1€S I 'f> 5 3 q 1\\ Mlon WI.<1' L 't 2. Nationwide, Regional or General Permit Number(s) Requested: ~ f'- ~ c 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 0 4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 0 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 Mana~~ent Area of Environmental Concern (see the top of page 2 for further details), check here~NDS/ 401 GROU Applicant Information II. ',,' " I ! MAY () 7 2004 WATER QUAL/TY SECTION WETLAND:.; /401 GROUP NOV 1 2 ?n03 WATER QUAliTY SECTION 1. Owner/Applicant Information ~_" .' Name: Q - ) 0\( ~ \' (\ I ~ - t'I \ I Mailing Address:, S ') F 1-0-+ (.; A p e ' \Jt\ \~e se I t--'> (', ~ ~?lfl ,",0 i , '('J 'i; r) .r) LL /\ 1 , t c !L--- Telephone Number: ~ ~ ~ - ~ '7 Q";;)4 3~ E-mail Address: Fax Number: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: ('--! II Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: ViEnANDS 1401 GRouP JAN 2 :J 20D4 WATER QUAtffr r SECnON Page 5 of 12 f. 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, ()r 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 infonnation to be submitted on sheets no larger than II by 17-inch fonnat; 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 infonned that the project has been placed on hold until decipherable maps are provided. 1. Name of project: ~)'(", f;; ~ ~F\ c \( i e lDf) Ie ()(2 () ~-e nJ ~ (} 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location , .' County: ?-\ 1 i xL\1...... e Nearest Town: '.~ ~ Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks etc.): t5 Vll \ (\ -y le ~A\6e(e ~'\+ Go l'e 13 e t) \ tL-t t\. D' \ Ie 'I -+' \I lAc:... \ S-\- ~\iX e on ~ t:. \ e ~+ l.ot:f.Vl~ '-j/Jt" Sf'!-' D Fclyl'() f hi LI.(t.U:D /C' ~ [)J C\SDIL 5. Site coordinates, if available (UTM or Lat/Long): L0)"\-eof\..s f\t '\v1 () 'bIll\! 4.\ y' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): I, (p {\ c ~es b()\)\ol~ 7. Nearest body of water (stream/river/sound/ocean/lake): r 0 ro..Y'\d.1 , {c. 8. River Basin: {~i)Y C\L0bA- II ~Lf1.v-l (Note - this must be one of North Carolina's sevente( River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) ms. The 9. Page 6 of 12 .) roject in detail, including the type of equipment to be used: ..,/\, I 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. '-c_ . _.. .~') \ "", V D t' '( I, , I' (,.( j\ \'12.0 t'-A \\:)(/..),\ 5 NO 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. -- ,,,-. \2 \1.. . ,:" ~ {) \ \ '\ \\\ \) LV \, S' D ~ ~ \' //lIJ I VI. Proposed Impacts to Waters ofthe United StateslWaters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether ()r not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 (, 1. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact. Impact IOO-year Floodplain.. Nearest Stream Type of Wetland... (indicate on map) (acres) (yes/no) (linear feet) · List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. .. 1000Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps, Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htto:llwww.fema.20v. ... 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: ~ ~ '1\ eq< 1\0 vJ rJ Total area of wetland impact proposed: 0 3. Individually list all intermittent and perennial stream impacts below: eu l\JPIZ'-t D II) LC) Stream Impact Length of Average Width Perennial or Site Number Type of Impact. Impact Stream Name.. of Stream Intermittent? (indicate on map) (linear feet) Before Impact (olease specify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at WWW.US2S.goV. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.toDozone.com. www.mapquest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: t 4/ tJ e 12 f IIJ () fof, Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlant c Ocean and any other water of the U.S.) below: 0{) (1 e. Open Water Impact Site Number indicate on ma Type of Impact* Name of Water body (if applicable) · List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): f'l D\, -e... Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and fmancial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be follow d d . g construction to educe im acts. I . '\ 'L~ AIL /J;l\ ,m At1- VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Na~ionwide 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 US ACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc. us/ncwetlands/stnmzide.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 (acreagellinear 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. i fl/f] n f' r\j t. p (~ ,."" ',' 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.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: tv () ,) -f rJ A--- 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 to of 12 '"" ; )0 , Page II of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? .-I Yes 0 No ~ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)? Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A coordinator at (919) 733-5~ jPteview current thresholds for environmental documentation. Yes 0 No lk/'" If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEP A or SEP ~n}l approval letter. Yes 0 No IQ/ 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 Supply Buffer Requ~91ents), or other (please identify )? Yes 0 No h.J If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone. Impact Multiplier Required (SQuare feet) Mitigation 1 3 2 1.5 Total . Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. . , ~ j ,..' . . If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Prese~ation 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. N 0 (Vw XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. t0A XIII. Violations (required by DWQ) Is this site in violation of ~ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes 0 No ~ Is this an after-the-fact pe~pplication? Yes 0 No ~ XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). T,r~Ut1f ~~ 'f-.~~~.~ /1~7>-03 ~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page ]2 of]2 ; '"' Ii (JL\- T\(fyilt 7~) 'l j B) I ((, \ nl \ I f{] North Carolina Wildlife Resources Commission ~ Charles I{, hIilwood, ExeclItive Director MEMORANDUM TO: Amanda Jones, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program Original Signed by J. R Linville DATE: May 12, 2004 SUBJECT: Review of 404 Application, Tonia and Jackie Cook, Unnamed Tributary Catawba River, Burke 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). Impacts are proposed for 100 feet of 24" culvert to "reclaim" yard due to wash out conditions associated with stormwater. The package did not include sufficient maps of the general area. We have not been able to do a site visit and no photographs were provided with the application package. If the stream is perennial or important intermittent stream, we prefer a more natural approach using native riparian vegetation for restoration and erosion controls. Naturally vegetated streamside zones (riparian areas) provide multiple environmental and wildlife benefits, including improved water quality and small animal habitats. Based on the information provided by the applicant and our knowledge of the general area, we do not believe this project will cause significant impacts. Accordingly, we will not object to the project providing bioengineering alternatives are evaluated prior to issuance of necessary 404 permits. If bioengineering alternatives are not practicable, culverts may be acceptable. We recommend the following conditions (not prioritized) for the project: 1. If culverts are permitted, 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. Culverts must be adequately Mailing Address: Di\'ision of Inhnd hshl'l'ics . 1721 Mail Senice (:el1tl'l' . l\alci~h, N(: 276')')-1721 Telephone: ('J I ')) 7)3,3(,33 cst. 2:-1 I . Fax; ('I I ') i 71 ')-7(14.1 Tonia And Jackie Cook 2 May 12, 2004 sized to provide necessary base flow and storm water passage. No freefalling or damming should occur on either end of the culvert. Natural stream dimensions should be retained above and below the culvert. Any riprap used must not interfere with aquatic life passage. 2. Additional and/or cumulative impacts should be avoided in the future. 3. If bioengineering is used, disturbed stream banks should be restored to pre existing conditions. Streambanks can be revegetated with silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore, or other native woody species to provide long term bank stability and stream shading. Note that silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted and done on 4 foot centers from the waters edge to the top of the bank. Trees should be planted on 10-12 foot centers, Stream banks in these areas should also be seeded with an approved wetland seed mix or temporary crop of wheat or rye. 4. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. 5. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 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: Kevin Barnett, DWQ-ARO Triage Check List Date: s! I ,/ (j'f Project Name: DWQ#: GY -G73c/ County: 1)uv~ To: ~ ARO D FRO D MRO D RRO t ~ c)l~ !?q'J"Ki!- MIke Parker ' D WaRO Ken A veritte D WiRO Alan Johnson 0 WSRO Steve Mitchell Tom Steffens Noelle Lutheran Daryl Lamb From: ~~ Telephone: (919) I:SS" 95GL The iIle attached is being forwarded to your for your evaluation. Please call if you need assi~tance. ~Stream length impacted D Stream determination D Wetland determination and distance to blue-line surface waters on USFW topo maps [2( Minimization/avoidance issues D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) D Pond fill D Mitigation Ratios D Ditching D Are the stream and or wetland mitigation sites available and viable? D Check drawings for accuracy D Is the application consistent with pre-application meetings? D Cumulative impact concern I:: <.1/; (L Comments: MaCe ! ,+k Pff\ (cC'\^f\--t-\ fi'U~ V\ Q..\tC>~ SCVY"\.JJ.. ~~~~~~;\ >O~~~I~ ~ I!:~~:~ ::-~ ~~ s:evdJi~ ~DjM " \rV\CV-c\,^~" l E: Bz." j loc\~ t ~If'l-,L~ n I'\~ p ( ax;, kJk) If\c t- '3'" tt ~ LJKJt- kiT 11\ I Q rl (!0.-ill, \ t ~ \SL'S \\ <In S _ ~urke Co., NC -- Printable Map . i .t I I Page 1 Of 1 r I . . ~ 1 Burke Co., NC \J'\ ' F\ Parcels Record No.: 14599 PIN: 273208893033 Parcel Address: 2855 FLAT GAP RD Parcel Owner: COOK JACKIE R & FARR TONYA G POBOX 994 DREXEL NC 28619 I Map: 97 Page: 80 Blk. Lot: 2 1 Deed Reference: Bk. 762 Pg.131 land Area: 1.19 acres I Assessed Value:$25,671 Building Value: $15,229; Land Value: $9,442' Other Value: $1,000 I . I DISCLAIMER: The information contained on this page is NOT to be construed or used' as a "legal description'!, Mi information is believed to be accurate but:accuracy is not guaranteed. Any errors or omissions should be reportsd tc Burke County Geographic Information Systems Division of the Office of Information Technology. In no event will Bu County be liable for any damages, including loss of data, lost profits, business interruption, loss of business informati other pecuniary loss that might arise from the use of this map or the inforrrlation it contains. I I I hllP:/Iwww,webgls.net Anderson & Associates, Inc. hllp:/Iwww.andassoc.dom I hltp:!! arcims2. wehgis.netlnclburkelprinlahle.asp ?processlih 1 &x2= 123 835 &.25bY2 "'72901.. ; 2!3 0!2 b3 I r I I I I I I :z: ------- I I I I I : ", I I I I \ to ~ ~ (D (1 0 . v Z (1 ~ ~. ~ ~ ~ ~ (D ~ ~ .' m: " c: I ~ ~~ CD I I 0 0 I I . \oW ZI 0: I I I ~ PJ {fq (D ~ o H-) ~