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HomeMy WebLinkAbout20031034 Ver 1_COMPLETE FILE_20030820What Else Subject: What Else Date: Fri, 26 Sep 2003 08:57:17 -0400 From: Steve Mitchell <steve.mitchell@ncmail.net> To: Cyndi Karoly <cyndi.karoly@ncmail.net> ISSUE 03-1034 1 of 1 9/26/03 9:41 AM MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Hoffman Nursery Irrigation Pond Project Number 03 1034 Recvd From APP Received Date 8/20/03 Recvd By Region Project Type irrigation pond County Durham County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet 11210, Am Type Type Impact Score Index Prim. Supp. Basin Req. Req. ?0 '7 Stream PT -@N F_ 27-3-(5.5) WSIII NswcA 30,401. F I F--.F N11t Buffer F7 ON r? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: cc: Regional Office Central Office Page Number 1 Certificate of Completion DWQ Project No.: 0 3 - 10 7S 4- 1? 2'Q County: uf? Applicant: Project Name: , - t4 u ,r s.e ---v V C 1 R 0-• ko `C w C Date of Issuance of 401 Water Quality Certification: 1 a °- 1 c--l - o. Z 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, .J V?, QQ:A-k u , 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.. WETLANDS 1401 GROUP Signature: V?OD? Date: L AUG 1 0 2004 Agent' Ce fcation W,? !'ER t,AjAL1,r I, , hereby state that, to the best of my abilities, due care and diligenc as used in t o rvation 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 P a specifications, and other supporting materials. Signature: Jl,?/ JDate: 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: ?k WArF? Michael F. Easley, Governor Q William G. Ross Jr., Secretary O ' North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P. E. Director > -l Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 30, 2003 Hoffman Nursery Attn: John Hoffman 5520 Bahama Road Rougemont, NC 27572 Subject Property: Hoffman Nursery Irrigation Pond Lake Michie (27-3-(5.5)), 030401, WSIII NSWCA APPROVAL of 401 Water Quality Certification Dear Mr. Hoffman: DWQ Project No. 03-1034 Durham County Page 1 of 2 You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact, 105 feet of streams for the purpose of an irrigation pond at the subject property, as described within your application dated 08/20/03. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 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 Land Quality regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid 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). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. 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. 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water. This fencing shall be installed prior to any land disturbing activities to ensure compliance with GC 3402. The protective fencing should be removed once construction is complete. North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands Mr. Hoffman Page 2 of 2 09/30/03 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 1508. 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, ?-?? Klimek(, E., Director Attachments: Certificate of Completion GC 3402 Cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files DWQ # 03-1034 Date: 9/30/2003 mch W A Michael F. Easley, Governor bG William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources 5, Alan W. Klimek, P. E. Director C> ud:74?w Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 10, 2003 Hoffman Nursery Attn: John Hoffman 5520 Bahama Road Rougemont, NC 27572 Subject Property: Hoffman Nursery Irrigation Pond Lake Michie (27-3-(5.5)), 030401, WSIII NSWCA APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Mr. Hoffman: DWQ Project No. 03-1034 Durham County Page 1 of 2 You have our approval, in accordance with the attached conditions and those listed below, to place fill in 30 linear feet of streams and to flood 300 linear feet of streams for the purpose of construction of an irrigation pond at the subject property, as described within your application dated 08/20/03 and in additional correspondence received August 28, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). This approval is also valid for the Neuse River Buffer Rules (15A NCAC 26 .0233). 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 Land Quality regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on September 30, 2003. This approval is only valid 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). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. 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. 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water. This fencing shall be installed prior to any land disturbing activities to ensure compliance with GC 3402. The protective fencing should be removed once construction is complete. North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands Mr. Hoffman Page 2 of 2 10/10/03 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, Alan W. Klimek, P.E., NC DWQ, Director Attachments: Certificate of Completion GC 3402 Cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files DWQ # 03-1034 Date: 10/10/2003 031034mod Triage Check List Date: . 1? - M-103 ProJ j ect Name: DWQ#: 0_ L C )sq County To: ? ARO ? FRO ? MRO ?RRO Mike Parker ? WaRO Tom Steffens Ken Averitte ? WiRO Noelle Lutheran Alan Johnson ? WSRO Daryl Lamb Steve Mitchell From: Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. L21-Stream length impacted Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps I&JAinimization/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 CR Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: 08/27/2003 22:44 FAX 919 471 3100 HOFFMAN NURSERY 001/003 Hoff 7.an Nursery 5520 Bahama Road Phone: 919-479-6620 JL Kg? Rougeznont, ETC 27572 91971-3100 www.hofft=nursery.co L4NVS/401OROUP AjjG 4" FAX TRANSMITTAL FORM d To: 1?_p From. .?II®A(?w, -?-? Organization: Date: $ -S -c 3 Number of pages including this page: Phone: +? 1 S,' ?.o Fax: 1 3 Ccxu. rS . 08/27/2003 22:44 FAX 919 471 3100 HOFFMAN NURSERY 10 002/003 Ir $520 Bahama Road Rougemoni, NC 27572 919-479-6620 Fax 919-473-3100 www. hot3mamu.rsery.com Speeializrng ill Ornamental Grasses • ?? S d s rte . d CA,V V. L?A ,?r .??r'-??v`--. ??4('`?''4 ?'J?. ?a y,?•i V-?-?"'-?? ,,?6?'• ?l.}D `v?1tw?? 1 ?. I???t ?1 a-y ?•• ?. .?ry.?.QC?1p-.: ?rw.C`? [L??1? 10..4 O-? ??-'.? Jrl ?? l? C[ ? T?J e'-?dt ?'??+ l vr. ' 0.1`?O.ti ?"' ` rr0 ?.G. ,,? ?,,. _ 1 ?'.., Fee 5 e -, 11 in.C l K ? - t co vt *¢ 1 v? CS ? boo . r w ' o w • rv J ? .o ? N I ? i r co y r ? w • I r 0 o x 0 z z 1 Michael F. Easley, Governor ?Q Rp `Q G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ? Alan Klimek, P.E., Director p ,C Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 25, 2003 DWQ # 03-1034 Durham County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Hoffman Nursery Attn: John Hoffman 5520 Bahama Road Rougemont, NC 27572 Subject Property: Hoffman Nursery Irrigation Pond Dear Mr. Hoffman: On August 20, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a irrigation pond in Durham County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. Plan Details: 1. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan, and position and design of relocated stream reach. 2. The stream flooding appears to be over 300 feet. Please explain why you report your impacts as 105 feet. 3. Please show all wetland impacts including fill slopes on the site plan. 4. Please indicate all buffer impacts on the site plan. 5. Please indicate proposed lot layout as overlays on the site plan. Fee: 6. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications, as indicated on page two of the PCN application form. The fee for applications is $200 for projects impacting less than an acre of wetlands and less then 150 linear feet of streams. For projects impacting one or more 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), (hqp://h2o.enr.state.ne.us/ncwetlgnds) Customer Service #: 1-877-623-6748 acres of wetlands or 150 or more feet of streams, the fee is $475. In order to process your request, you must send a check in the appropriate amount made payable to N.C. Division of Water Quality. Mitigation: 7. Buffer mitigation will be required for this project unless wooded buffers are established around the new pond. Please telephone Todd St. John at 919-733-9584 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, JRD/bs cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy aV.omKey Water Quality Ce 'fication Program acres of wetlands or 150 or more feet of streams, the fee is $475. In order to process your request, you must send a check in the appropriate amount made payable to N.C. Division of Water Quality. Mitigation: 7. Buffer mitigation will be required for this project unless wooded buffers are established around the new pond. Please telephone Todd St. John at 919-733-9584 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, JRD/bs cc: . Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy O'Y ey R.. orn Water Quality Ce 'fication Program Office Use Only: Fo V sion May 2002 103 4'. USACE Action ID No. DWQ No. ,1? (If any particular item is not applicable to this project, please enter "Not Applicable' or 1. Processing 1. Ch ck all of the approval(s) requested for this pro?ec Section 404 Permit Section 10 Permit '401 Water Quality Certification AUG 2 n 2003 N TSQUALITY TION Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: 3 1 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/Applicant information Name: a M-r. -1 ?4 r` r- - 30-11 ?Iv Mailing Address: S5 °ZJ '9 Ro t: ?.. o ?? } c. z-I S-1 -L. Telephone Number: 9 A 9 4-19 6410 Fax Number: 41 a +-11 3 E-mail Address: f-s u @ 1n o f ?ww? u r r r c 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 III. Project Information Attach- a vicinity map clearly showing the locnlion of the property with respect to local landmarks such as towns, rivers, and roads. A!:;o provide a detailed site plan showing property boundaries and development plans in relation t,-) surrounding properties. Both the vicinity map and site plan must include a scale and north c;cr,) v. 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 QuI-d i\tap and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps play 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 vroiect: 1 -3 2. T.I.P. Project Number or State Project Number (NCDOT Only) W tA, 3. Property Identification Number (Tax PIN): 6-1 ) E7.- S& 2 ri l 4. Location County: T) Lt.FI\ - Nearest'T'own: , Subdivision name (include phase/lot number):__ Directions to site (include road numbers, landmarks, etc.):, 7c- AS- t.• 1) u+rlkaw. C 0 U ?-alcr r?C?.?- 6??. o'V?aw.n. C,- ?1cS el aae.-?... a 5.. Site coordinates, if available (UTM or Lat/Long):_-3_6, . Z 13 2 n N / "74'h . 3 b (Note - If project is linear, such as a road or utility line;. attach a shee that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): It 9.2 7. Nearest body of water (stream/river/sound/oceai-/lake): L&Jq ``41 CV• %e 8. River (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.ne.us/admiii/mAps/.) , . 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: ` Moo ?e? ct-,-c r.-- NL,&A 1 ve n ro.-rr-e c ` Matt ko rz &r+Qo-- a ?- - etL t St -k' - Page 6 of 12 10 11. be the overall project in detail, including the type of equipment to be used: ?s baKep the purpose of the proposed work: TA ly o J%Lc.#- C6., Q C--kt r- e 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 tl}e 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 4 1. Provide a written description of the proposed impacts: e Will V 7e_ 4 ?oa ?.i, ree* U 2. Individually list wetland impacts below: N Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps. are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property:- Total area of wetland impact proposed: N o V% e_ 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? (lease specify) t11` ..., 1 rl ? V0 {?r ry `'reC k -3 t. 1 vJtrOkt t o AO 2 00 N * 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.usgs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mnguest.com, etc.). 1Cumulative impacts (linear distance in feet) to all streams on site: . 1 D Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: \I I A 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 identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 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.): ft rc"v cl. l ov- Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): I r- f, ua 0.4-t ar-- Size of watershed draining to pond:- g creS Expected pond surface area: is kci-C 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 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation 'is required for this project, a copy of the mitigation plan must be attached in. order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. U/A l- Ali- M, U 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: Amount of stream mitigation requested (linear feet): I? Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): " Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No VX 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No A 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 I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 1 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. l7iQQ?.1p?t?5kS. t"mc-ds . OC-4-I %%-tr bu'% lcltw, t Kc -ei V S Z°). /aCve_s ? 41441a-• 's C. o r',2" 0"42-, ` 1o e° s.Ae okt- d,-- 'A s ,II,,,sue 5 a rJ?C?G.-Q. W f•?l'S • aC? t0 w? Ct ? I .ems o ? O? f} u G.c, C l1 ? Aw XII. Sewage Disposal (required by DWQ) 6 1 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. (?? ,a-? 1w 41 la¢ ?o w ?dr?e u <?•?e r G ewes- c? . ???e r (off i ??1 „_ po a use 11 .1 _r 4-'0,Pk ir.Lpf-" `f 0-.q LX C00 C a•.?5 4o VJ_1s0 (a.r ` Qr?o S 4, C w?? 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). - ?y_,^- 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 MapQuest: Maps: map Page 1 of 2 ED " a oHome oHeip nnArs. P-Mmw '! maps • Address ¦ Airport • ZIP Code • City ¦ Area Code ¦ Lat / Long ¦ Road Atlas Key ¦ Saved Maps What's Nearby Search for the nearest: r BORDERS' r r Search Clear' Orbitz Travel Deals id Hotels: Save up to 70% on Orbitz Savers nationwide. Search Rougemont, N0 xi Flights: Find low fares to the Raleigh/Durham area! id Rental Cars: Find special offers on rental prices in the Raleigh/Durham area! PAW= City Guide • Raleigh - Durham Dining ¦ Raleigh - Durham News ¦ Raleigh - Durham Movies ¦ Raleiah - Durham Entertainment Yellow Pages Search Rougemont for: Auto repair Search SS20 Bahama Rd Rougemont, NC 27572-7460, US o Rougemont Offers: Hotels Go 0 Get Directions To This Location " b' Map a New Location ADDITIONAL MMFEATURES: Customize Map Add A Location All rights reserved. Use Subject to License/Copyright Mao Legend [ wi http://www. mapquest.com/maps/map.adp?size=big&mapdata=lFf 9QIHFUAj QaoZgx3gzra... 8/15/2003 CLICKING ON MAP MILL: r Zoom In r Re-center r Move Location MapQuest: Maps: map Page 1 of 2 o Horne r Help ' orn?n t maps ¦ Address • Airport, • ZIP Code • City • Area Code ¦ Lat / Long • Road Atlas Key • Saved Maps What's Nearby Search for the nearest: $ORQERT Search Clear ` Orbitz Travel Deals Al Hotels: Save up to 70% on Orbitz Savers nationwide. Search Rougemont, NO a Flights: Find low fares to the Raleigh/Durham area! m Rental Cars: Find special offers on rental prices in the Raleigh/Durham area! Avow City Guide • Raleigh - Durham Dining ¦ Raleigh - Durham News • Raleigh - Durham Movies • Raleigh - Durham Entertainment Yellow Pages Search Rougemont for: Auto repair, Search 5520 Bahama Rd Rougemont, NC 27572-7460, US e Rougemont Offers: (Hotels Go Get Directions To This Location Map a New Location ADDITIONAL MAP FEATURES: Customize Map, Add A Location All rights reserved. Use Subject to License C;op aht Map Legend hq://www.mapquest.com/maps/map.adp?size=big&mapdata=IFf9QIB FUAjQaoZgx3gzra... 8/15/2003 CLICKING ON MAP VALL r Zoom In t Re-center C Move Location Spatial Data Explorer - Durham, North Carolina Page 1 of 2 Durham Spatial Data Explorer FYI City of Durham Convert Parcel ID Help Contacts Durham County Fe iw?,... ??, MAP TOOLS Recenter the Map: Click on the map to recenter on that point. Map Layers Draw selected Click Draw a Box to: C) ZoomIn C-) ZoomOut C", Select Multiple Parcels layers: Click to: * ReCenter Map C) Identify Map Feature `Tax Parcels Draw Layers Search By: l '? Radius (feet) 0 Print Layout Mapscale 1 14883 z1 r ti Al Selection Boundary dCity Boundary Chapel Hill Durham Q Morrisville Raleigh FVJ Tax Parcels Census El ? Geography FEMA Fl d oo ? R r } Zones Voting Precincts ? ( -1 r J x r?, ???? {'o 8849 (?'4 ? Zoning ? ? Wards ? b'? .A A PGt Economic F] Development Zone :. Infrastructure Street _ Centerlines ,f - - Railroads r t". r, :r I Polls f ¦ Schools Physical Major Water Minor water y? ? parcel Data 1994 Building El R Find Adjoining Parcels Footprints SOft Topo Lines • Parcel No. (PIN): 0849-02-86-2597 • Land Value: $203,773.00 • Building Value: $118,883.00 ? 2ft Topo Lines - • Parcel-10 (6-Digio: 192111 • Total Value: $322,656.00 • Tax Map No. (Obsolete) 943 -02-004 - • Deed Book/Page: 01306 / 00621 ? 1999 Aerial ? • Acreage: 29.204 • P/atBook /Page:00134 /00075 Photography • Front Dimension: 1383.57 • Owner Name: HOFFMAN JOHN A JR & WIFE SHARI J ? NCSPC Grid • Land Use Code: 99020 STOWERS-HOFFMAN Draw Layers • Land Use Description: PRESENT- USE/FORESTRY • Owner Address: 5520 BAHAMA RD ROUGEMONT NC 27572 • District Code: 6 • Property Address: 5520 BAHAMA RD http://gi sweb2. ci. durham. nc.us/scripts/esrimap. dll?name=sdx 1 &Cmd=sParcel2&PIN=084... 8/15/2003 Spatial Data Explorer - Durham, North Carolina Durham Spatial Data Explorer Page 1 of 2 FYI City of Durham Convert Parcel ID Help Contacts Durham County Fe I-- - MAP TOOLS rn thr man tr 7Qnfp M to that point. Map Layers Draw selected Click & Draw a Box to: ZoomIn Zoomout Select Multiple Parcels layers: Click to: ReCenter Map ' - Identify Map Feature City Boundary - Draw Layers I Search By: Radius (feet) 0 Print '_ayout MapScaie 1: 3189 r Selection Boundary h:< k ?? r tw, ® City Boundary Chapel Hill ?' Durham ? a . r ?,> Morrisville ? Raleigh ? , 0 Tax Parcels A? ?1??u? CST 3a. 4 + Census, a k z' t Geography FEMA Flood a t 1 fi r Zones '? °'} w r ? Voting Precincts ? ,•? 4 .,ry- ?; ;` Zoning s y?f {# Wards ? Economic/ Development Zone $ ! . i . 3 , 9o X I Zo r Infrastructure ?, a-• = ' T1 I Street _ ?Centerlines n ilk Railroads E Polls ??. ?` fi 4 r ' R e' Schools AV ."k Physical > , Major Water ? Minor water _ . _ ...,..?.,. Parcel Query Reference N E: 1994 Building ? Footprints Tax Values Search loft Topo Lines Parcel Number Ex.(000000): ?/ 2ft Topo Lines PIN Number 1999 Aerial ? EX(0000-00-00-0000): ` rr Photography Site Address Q NCSPC Grid Ex.(218 E Main): Draw Layers Go Get It! Reset Map http://gi sweb2. ci. durham.nc.us/scripts/esrimap.dll?Name=sdx 1 &Cmd=Redraw&Left=204... 8/15/2003 i New fie i i 4 w a A-e?"' lk i i i row- ?,4 - I t v e. i DWQ# _Q 31 O P4 Date -A&,' CA-s 4- o C 9603 Who Reviewed: Plan Detail Incomplete ? Please provide a location map for the project. Po i o d? 5 ;S , 0 Please show all stream irUPacts including all fill slopes, dissi aters, ## bank stabilization on the site plan ) avi r e-i ocaAed S ?i`eare ? S {? t? Gnoc? `.rl-i I We'v 4F? Z 0"I 3?, Q ? ?r5? re aGln . ? P ease show all wetland impacts i ludin§Fill slopes on the site plan. Please indicate all buffer impacts on the site plan. I e? (o vi d Q M a c'? ?{e}Q I I ?o 51 ?? p ?t ?'? sh o -01n4 ?+c-eam +o b? t cal p o. C Please indicate proposed lot layout as overlays on the site plan. P cod deS??n SQc? C??; C Q+t ph S Please indicate the location of the protected buffers as overlays on the site plan. tt ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please rovide detail for the stormwater mana ement ractices as re i ed b GC S` p g p qu r y 7 ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. Y ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. I/ ??A(i P? KX-Eel Other ? ? j?m Pb P/ovlidep icat'on as sufficien a over 150 eam and/or over 1 acre of wetland im acts w ease Thi addit' al fee m t be roe ived befo your4pgkeatipn can b' we . p . p ? ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. ?Q ???_ Please provide a compensatory mitigation plan. The p m MAC ?ri-o3vo ana must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. j°? i(Y1 1 a?i 6f1 w I (( (o&° i`2q c,c i+'e cl ?e F- U l.acau?? -h r 6'0 'eGk- ?,n l e55 hu??cs Q?e es?-abl ?i?ed h? nQ? Panel . Complete items 1 ,1,2, aril3#?Usolcompidte` t item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the.mailpiece, or on the front if space permits. . Article Addressed to: Hoffman Nursery 5520 Bahama Road Rougemont, NC 27572 DWQ# 03-1034 -Durham Article R =A. bignature° .. .. X ? Agent 13 Addresse B. Received by (Prin N ) C. Date of Deliver -f ,- g D. Is delivery address dtfferant from Item 1? ? -Yes If YES, enter delivery address below: ? No 3. .Type Certified Mail ? Express Mail ? Registered eReturn Receipt for Merchandis ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 5-02- 1?i_ { _ { ' iif{ t{ { fill It {i f iilkiit? ? UNITED STATES P ?7'di! ? f { 1,{ 1 . S t 3 First-Class M I"? Postage & Fees Paid LISPS` Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in thiS_hox--• ---