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HomeMy WebLinkAbout20031094 Ver 1_Complete File_20030902 w A T? Michael F. Easley, Governor Q /Q Q? William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ? r Alan W. Klimek, P.E., Director Division of Water Quality CoIeen H. Sullins, Deputy Director Division of Water Quality January 15, 2004 Wilson Country Club C/o Mr. Michael D. Tolson P.O. Box 2145 Wilson, NC, 27893 Re: Wilson Country Club, Wilson County DWQ #03-1094; USACE Action ID. No. 200320403 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 213.0233) Dear Mr. Tolson: Attached hereto is a copy of Certification No. 3445 issued to Mr. Micheal D. Tolson, dated January 15, 2004. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 26 .0233. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, 1 ? Alan W. Klimek, P.E. AW K/cbk Attachments cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Debbie Edwards, DWQ, Raleigh Regional Office File Copy Central Files Michael D. Tolson, P.O. Box 609, Wilson, NC, 27893 031094 PA 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) Mr. Michael D. Tolson January 15, 2004 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95- 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Michael'D. Tolson for the Wilson Country Club to fill 60 linear feet of perennial stream channel and flood 280 linear feet of stream channel of an unnamed tributary to Toisnat Swamp in order to expand an existing irrigation pond at the Wilson Country Club in Wilson, Wilson County, North Carolina, pursuant to an application filed on the 14th day of November of 2003 (received by the Division November 18, 2003). The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application fora new Certification is required. 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 of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: Sediment and Erosion Control: 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 Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 1 2. 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 404/401 Permit Application. 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; 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; Continuing Compliance: 4. Mr. Michael D. Tolson and the Wilson Country Club, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance 2 Mr. Michael D. Tolson January 15, 2004 with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Michael D. Tolson and the Wilson Country Club and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Michael D. Tolson and the Wilson Country Club in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Other conditions: 7. Measures shall betaken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 8. Waste or borrow sites shall not be located in streams or wetlands; 9. The use of pesticides, herbicides, fertilizers and cleaners near or over open waters shall be avoided to the extent practical; 10. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, - waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at hftp://h2o.enr.state.nc.us/ncwetlands. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic. materials; 12. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify the Division when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Photographs upstream and downstream of each culvert site must be included to document correct installation along with the Certificate of Completion form; 13. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties; 14. This Certification shall expire upon expiration of the 404 Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 15th day of January 2004 DIVISION OF WATER QUALITY 41-7 .4 fan A?WKIimek, P. . AW K/cbk 3449 3 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Wilson Country Club Pond Expansion Project Number 03 1094 Recvd From APP Received Date 9/2/03 Recvd By Region Project Type pond expansion County Wilson County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. IMEN 3 > WAers O Y OO 1, F '7-86-11-( WSIII NSW 30,407. F 340.00 F340.00 F_ r NBR Buffers O Y O N ??_ ?? 30.407. o.tl7 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? OQ Y O N Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: October 1, 2003 HOLD What does the existing buffer on the proposed pond consist of? If trees the new pond must have trees. They cannot be planted somewhere else to serve as mitigation for the buffer impact. If the riparian is currently grassed asas part of the golf course, ISSUE. cc: Regional Office Central Office Page Number 1 Wilson Country Club, Wilson Co., 03-1094 Subject: Wilson Country Club, Wilson Co., 03-1094 Date: Wed, 31 Dec 2003 11:30:41 -0500 From: Cyndi Karoly <cyndi.karoly@ncmail.net> To: "Debbie.Edwards" <Debbie.Edwards@ncmail.net> Debbie - this is the project the Corps elevated to an Individual Permit. We sent RRO a copy of the Public Notice on 12/10/03. There are comments on filemaker from October 1, 2003, which were used to send the applicant a hold letter. At least that's as far as I can tell. There's also an issue statement at the end. Can you please take a look at the comments and the file and provide some clarification on what RRO wants done with this project? Thanks. 1 of 1 12/31/03 11:30 AM October 20, 2003 State of North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard Parkview Building, Suite 250 Raleigh, North Carolina 27604 Attention: Mr. John Dorney Environmental Supervisor SUBJECT: Wilson Country Club - Pond Expansion Wilson, North Carolina PN: 02-094 Dear Mr. Dorney: 6E1LANDS / 401 GROUP OCT 2 2 2003 Vu EER QUALITy SECTION Regarding your recent comments for the Wilson Country Club Pond Expansion, please find the additional information below. I spoke with Mr. Kevin Yates today of the U.S. Army Corps of Engineers. He informed me that I would need to apply for an individual permit for the stream impacts I am proposing. I have mailed him the completed application and will be receiving comments from him on that shortly. The Wilson Country Club is expanding their capacity for irrigation and will need to disturb the stream in the area as designated. Any decrease in the amount of stream impacts would result in too small of an increase in capacity by the pond expansion. Therefore, since we cannot reduce our impacts to below 340 feet of impacted stream total, we will have to apply for the individual permit. I hope this is the information you need in order to satisfy your water quality certification comment. As to the stream impacts comment, we are anticipating filling in the new dam section for a length of stream impact of 60 LF. The amount of stream that we will be flooding will be 280 LF. The length of stream to be filled has been measured from toe to toe of the slopes of the dam section. I hope these responses address your comments and will aid in your review of this project. Should you have any questions or require anything further, please do not hesitate to contact me. Respectfully, Y Michael D. Tolson, P.E. MDTlsld GAW02\02094\john donmy Itr 10-20-03.doc 10/20/033:52 PM GREEN ENGINEERING, PLLC WATER, WASTEWATER SURVEYING, PLANNING, PROJECT MANAGEMENT 303 N. GOLDSBORO ST. PO BOX 609 WILSON N.C. 27893 TEL 252.237.5365 FAX 252.243.7489 WWW.GREENENGINEERING.COM 1( Triage Check List Date: ' _(° Project Name: ?i DWQ#: O3 -f 6? . County: To: ? ARO Mike Parker ?' WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Ala ohnso ,_,, ? WSRO Daryl Lamb RRO (0? From:" &AO Telephone : (919) 3 -?60 The file attached is being forwarded to dour for your evaluation. Please call if you need.as"ce. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues (_S-Ruffer Rule euse, ar-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: L2 ? +e ec?nw•?•e?v1-s '??. tO t t53 , ??- =Lea ' ( see I C C_ez G c"J_cr ? , lb?t3?e3- i). A7jA- RCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor MEMORANDUM William G. Ross Jr., Secretary TO: '-W?Xil 141PTI AND S 1401 GROUP FROM: BOYCE HUDSON, 404 COORDI TOR NOV 2 5 2003 SUBJECT: "404 PROJECT REVIEW VVATER QUALITY SECTION The attached US Array Corps of Engineers Public Notice for Action No. 2?oo ?d dated -describing a proposed project by the OMIU (421 is being circulated to interested state agencies for c mments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by / -/ - o When appropriate, in-depth comments with supporting data is requested. If you have any questions regarding the proposed project, please contact myself at 919/571-4700 or Rosalind Kamara at 919/715-4153. REPLY This office supports the project proposal No Comment Sign Comments on this project are attached This office objects to the project as proposed. Date MEMOSHEE.WPD 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 91?-715-3060 1 Internet: www.enr.state.nc.us/ENR An Equal Opportunity 1 Affirmative Acti n. Employer - 50% Recycled 110% Post Consumer Paper DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 200320403 PUBLIC NOTICE November 14, 2003 The Wilson Country Club, P.O. Box 2145, Wilson, Wilson County, 2789.3,:has applied for a Department of the Army (DA) permit TO FILL 60 LINEARYEET OF STREAM CHANNEL AND FLOOD 280 LINEAR FEET OF STREAM. CHANNEL OF AN UNAMED TRIBUTARY TO TOISNOT SWAMP IN ORDER TO EXPAND AN EXISTING IRRIGATION POND AT THE WILSON COUNTRY CLUB IN WILSON, WILSON COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. :Plans . submitted with the application show the proposed placement of 1200 cubic yards of fill material in 60 linear.feet of stream, channel at the downstream end of the project site. The remainder of the upstream channel (280 linear feet) will be impacted by flooding associated with the placement of the dam for a total of 340 linear feet of impact (see attachment). The current use of the project area is a golf course and attendant features which includes the current irrigation pond. The golf coUrse is sparsely vegetated, with the exception of wooded lanes that divide the fairways. The stream to be impacted is adjacent to the golf course's current irrigation pond on the upper end, adjacent to a neighborhood pond on the downstream end, and bordered by a fairway and hardwoods on both sides (see attachment). There is no compensatory mitigation plan, but the applicant does propose to establish a riparian buffer along an onsite, blue line stream that is part of the unnamed tributary to Toisnot Swamp. The proposed riparian buffer is 14ft wide and 400ft long along the blue line stream. The proposed buffer area totals 5,605 square feet and will be planted according to the guidelines provided by the North Carolina Division of Water Quality (see attachment). -... The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein. Based on the best available evidence, it has been determined that no sites.within the vicinity of the project are registered or listed as being eligible for inclusion.in. the Register. Examination of the National Register of Historic Places constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of other such resources. Presently, unknown archeological, scientific, prehistorical, or. historical data may be lost or destroyed by work under the requested permit.. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened. pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the..probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under- which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics,. aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic 2 properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit modification will not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water.Act, The NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the CleanWater Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Wetlands /401 Unit, North Carolina DENR, Division of Water Quality, 2321 Crabtree Boulevard, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copiesupon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean. Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, North Carolina, 27699- 1650, on or before December 12, 2001, Attention: Mr. John Donley. Written comments pertinent to the proposed work, as outlined.above, will be received in this office, Attention: Mr. Kevin Yates, Until 4:15 p.nn., December 19, 2003, or telephone (919) 876-8441, extension 30. a. � r . / 'li r f I r r! i • 0 5W 100 2OW 4000 sow 4f N e8 S? x M•f 8 Mae t O<P ? ". WaB Nob ?' N g ' t8Z ,. P A NoA eB ?a 9 v ? t 1t 1ti R _ t aA M Ma8,.. _. A X. - _ ; OQP Wa6 . WL- 35 N • MaA G-A e`w Ho INa 'toy .n ' NoA MaAiy GoA DpA t ,NuB yd1aB NoA r='. Nob - ? ? ? I 1 '' r ? ?• ? \ti " ?'"' 1 4c - MaA Co MaA - NoA ` ? ` GoA / f o c2 MsA ? M as MaB ?2 N NoA , '! NoA GoA r „ .. DPA NoA Nd 3 :i r a.> :. N- may' > fir. , ^'y rb D A' '?' '$n. .ai`a' 0 k' oq ??• Sa ?. ....Q , Nob . MaA o '9 • p i +•ti.. • ? 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O N ?I J I1 19 1 1 1 j I i op AD 'CY° C: m R^ O ` m O 2 d N N ' C Z RI 31 / om N/ Lt1 `r c p 4 V p D z O No se m '° mG) z ; 22 m -< z m m r 7 >N ?U Ns? . A I A• mN V N NN v ' ;= V CID i_ 10 1 ?i e m o 2 P+ x 101 8$ §!R-; x o Mqo lou 0 0 C O ° a = Qom' z 0 C C(3 HN:? z m a z C= m ?Z r? 5 m Zm O?O? WA??RQG rte-. J ? 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 October,! 3, 2003 DWQ Project No. 03-1094 Wilson County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Wilson Country Club Post Office Box 2145 Wilson, NC 27893 Subject Property: Wilson Country Club, Country Club Drive, Wilson, NC UT to Toisnot Swamp [03-04-07, 27-86-11-(1), WS-III (water supply) NSW (nutrient sensitive)] REQUEST FOR MORE INFORMATION To Whom It May Concern: On September 18, 2003, the Division of Water Quality (DWQ) received your complete application dated August 29, 2003 to impact 340 feet of perennial stream and 3,246 square feet (ft) of protected riparian buffers to construct the proposed pond expansion project at the subject property. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 213 .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information: 1. Water Quality Certification You have proposed impacts to 340 feet of perennial stream using Nationwide Permit No. 39 and General Water Quality Certification No. 3402. The DWQ received a call from the U.S. Army Corps of Engineers (USACE) regarding the project. It appears that the USACE may not allow you to use Nationwide Permit No. 39 for the proposed impacts. The DWQ needs to know what 404 Permit the USACE plans to issue your project under in order for the Division to know what Certification to issue for the project. Please contact the USACE to determine which permit they will allow you to use and provide this information in your response to this letter. 2. Stream Impacts You stated in your application that you intend to impact 340 feet of perennial stream. The DWQ only requires mitigation for impacts to streams associated with fill and not flooding. Please provide the length of stream impact associated with filing and the length of stream impact associated with flooding. Please respond within three weeks of the date of this letter by sending this information to me in writing and Ms. Debbie Edwards of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Bob Zarzecki at 919-733-9726 if you have any questions regarding or would like to set up a meeting to discuss this matter. North Carolina Division of Water Quality, Wetlands/401 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/ncwetiands/ Wilson Country Club Page 2 of 2 October 13, 2003 cc: Michael D. Tolson, Green Engineering, USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Sincerely, , PO Box 609, Wilson, NC 27893 DWO031094 October 13, 2003 bz MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Wilson Country Club Pond Expansion Project Number 03 1094 Recvd From APP Received Date 9/2/03 Recvd By Region Project Type pond expansion County Wilson County2 Region Raleigh Certificates Stream Permit Wetland Wetland Wetland Stream Class - Acres Feet Type Type Impact Score Index Prima Supp. Basin Req. Req. F -') ?t'aters O } OO ??-R6 I 1 ( NNI T I I TTTV X0.407. F 340.0(1 7 NE3 R F3uflcrs Ol' O N F-rF--F0.407. 5.7 r F_ F__ PT _0N r I F_F F_ F_ F_ - Mitigation Wetland MitigationType Type Acres Feet Stream Impacts (ft.) 01 340.00 Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? Q Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: October 1, 2003 HOLD What does the existing buffer on the proposed pond consist of? If it is trees the new pond must have trees. They cannot be planted somewhere else to serve as mitigation for the buffer impact. If the riparian is currently grassed as part of the golf course, ISSUE. c?RD S ?wYG )PwM1 V-0-.1 4_o " l yef ,yFs cc: Regional Office Central Office Page Number 1 Z to In 1,03 Triage Check List Date: v 3 Project Name: To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Alan Johnson RRO Steve Mitchell 1 (S6v- el DwQ#: d - 10.9 y County: Vk). S ? WaRO Tom Steffens ? WiRO Noelle Lutheran ? WSRO Daryl Lamb From: Telephone : (919) 73 a - Vl t_Cv 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 5L Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill 7 (---,?tigation Ratios P,<f e- A?. I A-C C ? Ditching ? Are the stream and or wetland mitigation sites available and viable? OEI-Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: September 17, 2003 State of North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard Parkview Building, Suite 250 Raleigh, North Carolina 27604 Attention: Mr. John Dorney Environmental Supervisor SUBJECT: Proposed Pond Expansion Wilson Country Club Wilson, North Carolina PN: 02-094 Dear Mr. Dorney: VVD8/401 V p SEP 20()3 TERQUALITYSECTft in response to your letter received September 15, please find the enclosed check for the additional $75.00 review fee for the Wilson Country Club Pond Expansion. Per your letter, this additional fee is required due to the impact to more than 150 feet of stream. Should you have any questions, please do not hesitate to contact me. Respectfully, Michael D. Tolson, P.E. MDT/ Enclosures G : \ W o 0 2 \ 0 2 0 M i d i n domey 9-17-03.doc G R E E N E N G I N E E R I N G, P L L C WATER, WASTEWATER SURVEYING, PLANNING, PROJECT MANAGEMENT 303 N. GOLDSBORO ST. PO BOX 609 WILSON N.C. 27893 TEL 252.237.5365 FAX 252.243.7489 09/17/039:12 AM WWW.GREENENGINEERING.COM )FWATFR. ?0 Q Uy ?^ p n Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 9, 2003 DWQ # 03-1094 Wilson County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Wilson Country Club Post Office Box 2145 Wilson, NC 27893 Subject Property: Wilson Country Club pond expansion To Whom It May Concern: On September 2, 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 pond expansion in Wilson 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. The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $75.00. This additional fee must be received before your application can be reviewed. Please telephone Bob Zarzecki at 919-733-9726 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 A-V 1 R. Dorney Water Quality Ce fication Program cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy Michael Tolson, Green Engineering, Post Office Box 609, Wilson, NC 27893 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), (htro://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 August 29, 2003 State of North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard Parkview Building, Suite 250 1 Raleigh, North Carolina 27604 J Attention: Mr. John Dorney RAKDR/.;,a Environmental Supervisor SEP 2003 SUBJECT: Proposed Pond Expansion Wilson Country Club Wilson, North Carolina PN: 02-094 FIL E Dear Mr. DorneY: Y ATER UALITYSECTION COPY Please find enclosed the PCN Form for the proposed pond expansion at the Wilson Country Club site. The proposed project will expand an existing irrigation pond between two (2) existing golf holes and is partially wooded. The proposed expansion will require buffer mitigation on another portion of the site. The enclosed construction plan includes a buffer mitigation plan that has been prepared per DWQ Riparian Buffer Guidelines. The proposed buffer mitigation site is located approximately 1,500 feet southwest of the pond expansion site. Mr. Bob Zarzecki of your office has visited the site and has stated that your department will not require mitigation of the ditch. We have prepared this plan considering there will be no mitigation required for the ditch. Should you have any questions, please do not hesitate to contact me. MDT/sld Enclosures Respectfully, chael D. Tolson, P.E. G : l W o 0 2 1 0 2 0 9 4 \ j o h n d o r n e y Itr 8-29-03.doo G R E E N E N G I N E E R I N G, P L L C 081291034:02 PM WATER, WASTEWATER SURVEYING, PLANNING, PROJECT MANAGEMENT 303 N. GOLDSBORO ST. PO BOX 609 WILSON N.C. 27893 TEL 252.237.5365 FAX 252.243.7489 WWW.GREENENGINEERING.COM Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 031094 (If any particular item is not applicable to tins project, please enter "toot Appucame° or °N/A .) 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: 39 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: Wilson Country Club SF-P 2 2003 Mailing Address: Post Office Box 2145 Wilson North Carolina 27893 . snn Telephone Number: 291-1220 Fax Number: 291-2031 E-mail Address: lsmitha wilsoncc orgy 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: Michael D. Tolson Company Affiliation: Green Engineering P L L C. Mailing Address: Post Office Box 609 Wilson North Carolina 27893 Telephone Number: 252-237-5365 Fax Number: 252-243-7489 E-mail Address: m tolson(a greeneng_com CrAWo02w20x\rcNro.am Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly 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: Wilson Country Club 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 3714-42-3066 4. Location County: Wilson Nearest Town: Wilson Subdivision name (include phase/lot number): Wilson Country Club Directions to site (include road numbers, landmarks, etc.): From Raleigh take 264 East to 264A Exit 36B toward Wilson. Turn left onto Airport Road. Turn left onto Highway 58/Nash Street. Turn right onto Country Club Drive. Entrance to club will be approximately 1 mile on left. 5. Site coordinates, if available,(LTTM 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): 156.46 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Toisnot Swamp 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: This site is currently being used as a golf course and the purpose of this project is to expand the golf course's irrigation capacity, CrAWoO2w209 \PO4Fo .ac Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project involves the clearing of existing vegetation to prepare a pond expansion site adjacent to an existing irrigation pond. The existing dam will then be breached after the existing pond has been drained to a safe level and the newly expanded pond will be utilized for irrigation. Work is proposed to be performed by excavation equipment such as track-mounted excavators and rubber tired backhoes. 11. Explain the purpose of the proposed work: The purpose of the proposed project is to expand the existing irrigation pond and increase the irrigation capacity of the existing facility. 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. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. GAWoo2\020%\PMorm&c Page 7 of 12 1. Provide a written description of the proposed impacts: Expansion of the existing pond in this vicinity will not allow establishment of a portion of the required Neuse Ripari an Buffer. The owner is proposing mitigation for the buffer impacts that will be caused b this expansion. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hthi://www.femagov. *** 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: 0 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) A DAM 340 LF UT of Toisnot Swamp 3 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization' activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream' named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us¢s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topgzone.com, www.mMuest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 340 feet GAWoO2\020 a\PCNFb=&c Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact 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 tnctude, but are not limited to: mt, excavanon, 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.): Expansion of existing pond via excavation and embankment construction with permanent spillway and overflow structure. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Irrigation 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. The owner has chosen a proposed footprint for the pond expansion that minimizes the impact to the existing stream Also by revising the footprint the owner has established the maximum amount of buffer that can be achieved while providing additional capacity to the irrigation system of the site To reduce impacts during construction, the existing pond will be pumped down so that the breach of the existing dam will not create erosive or damaging flow. GAWoM\020%\PCNForm&c Page 9 of 12 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. 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/stnngide.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. The required amount of buffer to be mitigated is 5,387 SF. The owner has chosen to establish a riparian buffer approximately 14' wide along the length of the blue line stream on the same piece of propggy goroximately 1,500 LF southwest of the pond expansion site. The proposed buffer area for mitigation purposes is 5,605 SF and will be planted according to the guidelines provided by DWQ. 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 b"://h2o.enr.state.nc.uL/I/index.htm. /index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Q\waoz\ozo%\PMb= « Page 10 of 12 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): 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 El 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 ? 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 1 345 3 1,035 2 2,901 1.5 4,352 Total 3,246 5,387 * 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. G\WoM\020%\PCWom&c Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation f 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. The owner proposes to establish a buffer 14' wide along an existing stream that is located 1.500' southwest of the pond expansion. The current stream has no buffer established and will be planted with this 14' strip along its length on the owner's property to achieve the required mitigation area. 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. This site has a very small impervious acreage as compared to its overall area. This pond expansion will allow for protection of surface waters and wetlands downstream by acting as a detention pond which will improve water quality. 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. There is no wastewater generated by this project. 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). ?- ?o? Cou?n{ ? C (? Z R 0 Applicant/Agent's Signature ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) CrAWo02\020%\FCNFmm&c Page 12 of 12 Z 0 z w Z w Z ?- & , , p o0 Z Ol N 1M C ?? ¦ . Z V III' J } Z~ Z N N Y rn U x O Z Z V W o m0 ON N 0 Q CO cr -? 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W I 1111 III LL I v u N O Z .91-- z W } K v J W Z v O Z U W z J3 C9 1/7 w 4 ? H J -V7p4 1uj _ ??zm p z? 3 Q4 Ws L, V)J7-F,??7 (/) J - G F w W Z 3 ?Z UJ 2 7? z 0 O lal 0. Y7? W O? 7- a. t= O N U ? z Z J U7 N ?\ O l?l i WETLANDS 1401 GROUP Action ID No. 200320403 DEPARTMENT OF THE ARMY NOV 1 8 2003 Wilmington District, Corps of Engineers Post Office Box 1890 WATER QUALITY SECTION Wilmington, North Carolina 28402-1890 November 14, 2003 PUBLIC NOTICE The Wilson Country Club, P.O. Box 2145, Wilson, Wilson County, 27893,:has applied for a Department of the Army (DA) permit TO FILL 60 LINEAR. FEET OF STREAM CHANNEL AND FLOOD 280 LINEAR FEET OF STREAM. CHANNEL OF AN UNAMED TRIBUTARY TO TOISNOT SWAMP IN ORDER TO EXPAND AN EXISTING IRRIGATION POND AT THE WILSON COUNTRY CLUB IN WILSON, WILSON COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during a site, visit by a representative of the Corps of Engineers.: Plans . submitted with the application show the proposed placement of 1200 cubic yards of fill material in 60 linear.€eet of stream channel at the downstream end of the project site. The remainder of the upstream channel (280 linear feet) will be impacted by flooding associated with the placement of the dam for a total of 340 linear feet of impact (see attachment). The current use of the project area is a golf course and attendant features which includes the current irrigation pond. The golf course is sparsely vegetated, with the exception of wooded lanes that divide the fairways. The stream to be impacted is adjacent to the golf course's current irrigation pond on the upper end, adjacent to a neighborhood pond on the downstream end, and bordered by a fairway and hardwoods on both sides (see attachment). There is no compensatory mitigation plan, but the applicant does propose to establish a riparian buffer along an onsite, blue line stream that is part of`the unnamed tributary to Toisnot Swamp. The proposed riparian buffer is 14ft wide and 400ft long along the blue line stream. The proposed buffer area totals 5,605 square feet and will be planted according to the guidelines provided by the North Carolina Division of Water Quality (see attachment). The State of North Carolina will review this publi.c;.:notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein. Based on the best available. evidence, it has been determined that no sites within the vicinity of the project are registered or listed as being eligible for inclusion in the Register. Examination.of the National Register of Historic Places constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of other such resources. Presently, unknown archeological, scientific, prehistorical, or. historical data may be lost or destroyed by work under the requested permit.. The District Engineer, based on available information, is not aware that the proposed activity will. affect species, or their critical habitat, designated as endangered or threatened, pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based oil an evaluation of the probable impacts; including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), lend use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic 2 properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit modification will not be made until the North Carolina Division of Water Quality (NCDWQ) issues,. denies, or,waives State certification required by Section 401 of the Clean Water.Act, The NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the CleanWater Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Wetlands/401 Unit, North Carolina DENR, Division of Water Quality, 2321 Crabtree Boulevard, Raleigh, North Carolina. Copies of such.materials will be furnished to any person requesting copies,upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, North Carolina; 27699- 1650, on or before December 12, 2001, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined.above, will be received in this office, Attention: Mr. Kevin Yates, until 4:15 p.m., December 19, 2003, or telephone (919) 876-8441, extension 30. 3 J Q 3 V Vl O N O 99? t? i !k U 1 O O Z W a a I ,r+ ' v a ?R ,;r'' ? 2 ? 4Z? n rn t?i'b,? • 1 ??ss" ? ?,r?" fivr ;?'x `? ?pY'` ?,, t?.?f`. -01 r• «; 1 GoA - _ DPA •r .u? WaB t/ ?' NoA I. ? ,if Nob ? ? .. I 1 :>. -:j •- ??° a ;?, ?ti "'?`",1... 'e` ? NoA f:. Ma6 NDA No MsA Mae NoA GoA v•`" o ' co DPA ?' NoA ye ?i e NOA y > . 16 ''? 0 £ A Y A DPA. =h'. c`,t tsa '• y N _ MaA Oo9 th Ra oB o Y NoB Y G/ NoA MaB ?' / Wa81} ?. c 4r O `W^' Ri . . 03 MaA DPA ?, ??q.' L: Dry ;1 MaB NoA ' MaA y Q.. DPA r MaA )pA GoA Mao Mao t 6,?1 v 1iy {w' - Jr NoA R B DpA Ma8 Q NoA y a0 ; Ct op fi„" 4 'j, Mao, i j Into Ra otE32 Ma, x0 ? 1?. DPA i ? J' MaA m MaB? 0 tsa ?- Goq GP Ra ?..? NoA Re ° DPA`r ?-••' Gl DpA ' O y p q, i M ' ..?E rgPr NoP a6` ?'? ?• d t oA DPA?- i ' GoA Ra r? 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LI Plan Detail Incomplete Date 1 -2 Who Reviewed: A- B-7 7- F1 Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear' to be necessary. Please eliminate the or provide 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. Other [ The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ 7 . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. A ' Complete items 1, 2, and 3. Also complete A. Slignature item 4 if Restricted Delivery is desired. ; ? Agent I Print your name and address on the reverse W '' Addresse so that we can return the card to you. B. Received by (Printed Name) C. to of Deliver e Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery ' address different fro m item l? ? Yes I. Article Addressed-to: If YES, enter delivery address below: ? No Wilson Country Club Post Office Box 2145 Wilson, NC 27893 DWQ# 03-1094 - Wilson L Article Number Transfer from service ,ng3817 AU U;51 3. Service Type CkC`ertified Mail =:3 Mail i ? Registered Receipt for Merchandle j - ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7002 2410 0003 0275 2434 g Dom;estiCRetum Receipt 10259502- - UNITED STATES POSTAL SERVICE First-Class Mail f Postage & Fees Paid USPS Permit No. G-10 ?. E:#1#??133?#??!#??Fi113{1#fl?il?i?F??F332?#:=11tt??i;i};T?t? • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 UKttIN t1Nk711NttM11.4%3, N.L.L.U NCDENR - DEM Date: 9/17/2003 Tran # Invoice Type Date Reference Balance 10487 091703 Invoice 09/17/03 Fees- W/O 02-094 $75.00 WETLW$/401%WP SEP 1' 8 2003 TER QUALITY SECTION 17183 Check Number: 17183 Check Amt: $75.00 Discount Pay Amount $0.00 $75.00 GREtN tNGINEERING, P.L.L.C. NCDENR - WATER QUALITY Tran # Invoice Type Date Reference 10397 082903 Invoice 08/29/03 FEES -W/0 02-094 - Aa 9 4 PAYMFNT Date: 8/29/2003 Balance $400.00 Check Number Check Amt: Discount $0.00 17128 17128 $400.00 Pay Amount $400.00 E 2 2003 IIATE @ 11.LITY SECT(O1Y