HomeMy WebLinkAbout20030472 Ver 1_COMPLETE FILE_20030416_r -_
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Charles J. Jones, PE & PLS
Daniel W. Pritchett, PE & PLS
July 2, 2003
'"ETLMD81401MoUP
JUL ? G 7uu?
6ATEAQUAIITYSEMON
Re: Approval of 401 Water Quality
Certification with Additional
Comments
Fountain Grove Subdivision
Phase 3
DWQ# 03-0472
City of High Point
Guilford County
JEG No. 2002-054
Ms. Cyndi Karoly
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Dear Ms. Karoly:
With regards to the letter dated June 18, 2003 and DWQ # 03-0472,
the impervious area for Fountain Grove Subdivision Phase 3 was
computed as follows:
Total Tract Acreage:
Tract "A" (to be subdivided
out of subdivision):
18.43± Acres
2.34± Acres
Remaining Acreage: 16.09± Acres
Impervious Calculations:
Road Area (including curb & gutter): 1.30± Acres
Impervious area for lots (3,000 sq.
Ft./lot for 50 lots): 3.44± Acres
Total Impervious Area: 4.74± Acres
Based on the remaining acreage and computed impervious area for
this development, the resulting impervious area is 29.5%. Since
the projected built-out project will be less than 30% impervious,
an additional written Stormwater Management Plan beyond what is
required under the City of High Point's Watershed Regulations,
should not be necessary.
JAMESTOWN ENGINEERING GROUP, INC.
CIVIL • SANITARY • SURVEYING
117 East Main Street • P.O. Box 365 • Jamestown, N.C. 27282
Telephone (336) 886-5523 Fax (336) 886-5478
Email: JEGINC@AOL.COM
James B. Stevens, PLS • Rich Glover, EIT • James D. Terrell, PLS
Ms. Cyndi Karoly
July 2, 2003
Page -2-
If there are any questions or additional information required to
complete your review, please call.
Yours very truly,
JAMESTOWN ENGINEERING GROUP, INC.
;??' e4 f
Thomas R. Glover, Jr., P.E.
cc: Tripp Bunker, Fountain Grove, LLC
file
?O? WATFRp Michael F. Easley, Governor
William G. Ross Jr., Secretary
`(? North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
--i Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 18, 2003
DWQ# 03-0472
Guilford County
Mr. Tripp Bunker
Fountain Grove, LLC
603-F Eastchester Drive
High Point, NC, 27262
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bunker:
You have our approval, in accordance with the attached conditions, to place temporary fill in 25 linear feet of perennial
streams in order to construct the Fountain Grove Phase III Subdivision in Guilford County, as described in your application
received by the Division of Water Quality on June 13, 2003. After reviewing your application, we have determined that this
fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Randleman Rules and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAG"2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. The following condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that the
impervious area of the entire, built-out project shall be lees than 30% and that there are no areas of concentrated
impervious area over 30% within the project such as, but not limited to, commercial areas, multi-family, clubhouses,
maintenance areas, etc.
An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office
before the impacts specified in this Certification occur per condition no. 3 in General Certification 3402. The stormwater
management plan must include plans and specifications for stormwater management facilities that are appropriate for
surface waters classified as Class WS IV and designed to remove 85% TSS according to the most recent version of the
NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from
the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the Division of Water Quality;
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
OE
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), (ht!p:/lh2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
030472
401
090472
U?0
O
• QG
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. ' This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://xvNvw.saw.usace.arny.niiI/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at htT://www.saw.usace.army.mil/wetlands/reatour.litin, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application).
issue AIL E
Page 1 of 12
I
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register.of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.anny..mil./wetlands/nwpfina]FedRegd)df Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as, optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ.website at ht!p:Hh2o.cluir.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: (828) 271-7980 Burke Gaston Macon Rutherford
Fax: (828) 281-8120 Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson
Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan Nati onal Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763
Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671
US Fist
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
k and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 258-3939
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Tr out Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buiiconioe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
r
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4 of 12
Office Use Only: Form Version February 2002
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project: JUG ?(Ip?
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Fountain Grove LLC
Mailing Address: 603-F Eastchester Drive
High Point, NC 27262
Telephone Number: (336) 883-3902 Fax Number: (336) 883-3904
E-mail Address: tbunker(a-)Iandcraftproperties.com
2. Agent 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: Tripp Bunker
Company Affiliation: Area Manager - Landcraft Properties, Incorporated
Mailing Address: 603-F Eastchester Drive
High Point NC 27262
Telephone Number: (336) 883-3902 Fax Number: (336) 883-3904
E-mail Address: tbunker@Iandcraftproperties.com
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 MRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
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: Fountain Grove Subdivision Phase -3
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Tax Parcel: ACL-94-7005-1065-8
4. Location
County: Guilford Nearest Town: High Point
Subdivision name (include phase/lot number): Fountain Grove Subdivision, Phase 3
Directions to site (include road numbers, landmarks, etc.): From I-40, Take 68 South,
(Eastchester Dr) Make Right onto Skeet Club Road Go about 0.5 miles, Make a Right onto
Fountain Grove Dr. Fountain Grove Dr. dead ends at site.
5. Site coordinates, if available (UTM or Lat/Long): N 36° 02' 15" W 79° 58' 28" (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. Describe the existing land use or condition of the site at the time of this application: Vacant
and wooded
7. Property size (acres): 18.43 Acres
8. Nearest body of water (stream/river/sound/ocean/lake): East Fork Deep River
9. River Basin: Cape Fear -
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at llttp:Hh2o.enr.state.nc.us/admin/niaps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: One perpendicular sewer pipe crossing across
Jurisdictional Stream affecting approximately 25 L.F.
11. List the type of equipment to be used to construct the project: Bulldozer. Track hoe
12. Describe the land use in the vicinity of this project: Residental
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.
None Requested - 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.
None Anticipated
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
1. Provide a brief written description of the proposed impacts: Sewer pipe crossing
perpendicular to jurisdictional stream for approximately 25 L.F.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/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, till,
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 I-800-358-9616, or
online at http:%/vvww.fema.?,ov.
*** List a wetland type that best describes wetland to-be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
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?
(please seci )
S-1 Temp. Rip-Rap
crossing 25 U.T. to East Fork Deep
River 12' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not hmttea to: culverts ana assoctatea 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
vvww.usQS.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.niapqucst.coni, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 25 L.F.
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: N/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: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation (N/A)
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were.not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
There will be minimal impact to iurisdictional stream due to the short reaches affected and
the extent of construction activities. A rip-rap creek crossing and silt fence will be installed
to minimize the impacts from utility line installation to the upper reaches of the tributary leading
to the creek.
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
littp://li2o.enr.state.iie.us/n.cwetlailds/sti-nity
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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:'/h2o.eiir.state.nc.its-,,x,ip/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 1476 3 N/A
2 800 1.5 N/A
Total 2276, N/A
* Zone 1 extends out 30 feet perpendicular from near oanK or cnannei; /-one i extends an
additional 20 feet from the edge of Zone 1.
Page 11 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 213.0242 or.0260.
XI. Stormwater (DWQ Only)
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.
Natural Infiltration and Regional Pond
XII. Sewage Disposal (DWQ Only).
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.
City Sewer System
XIII. Violations (DWQ Only)
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).
_2,.
pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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- AREA 18.43 Ac.f ENVIRONMENTAL IMPACT MAP
- No- Of LOTS _ 5
- ROAD LENGTH 1700 LF. FOUNTAIN GROVE SUBDIVISION
- AREA IN NEWLY - EXISTING ZONING CCU RS-7 (/02- WAY a zDS(f) "CBEs PHASE 3
- TAX IURISDICTIONALCSTREAM0MPACALLOWED: 150 LF. FOR
- JURISDICTIONAL STREAM IMPACTS PROPOSED. 25 LF. LANDCRAFT PROPERTIES, INC.
WATERSHED DATA
- WATERSHED: CITY LAKE WCA GENERAL WATERSHED
- OVERALL DENSITY: 2.7 UNITS/Ac.
- DISTURBED AREA: 12.6 Ac.t
- SOIL TYPE: En6, Ch
- AVERAGE SLOPE 4.5%
HIGH POINT TOWNSHIP
GUILFORD COUNTY - NORTH CAROLINA
APRIL, 2003
JOB NUMBER 2002-054
- DISTANCE TO FLOODWAY: 3900 LF.f
- METHOD OF PROTECTION: NATURAL INFILTRATION do REGIONAL POND 20' 0
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JAMESTOWN ENGINEERING GROUP, INC.
CIVIL • SANITARY • SURVEYING
C 117 East Main Street • P.O. Box 365 • Jamestown, N.C. 27282
r inc. Telephone (336) 886-5523 Fax (336) 886-5478
Email: JEGINCCAOL.COM
Charles J. Jones, PE &PLS
Daniel W. Pritchett, PE & PLS ?®? ISSUED PAO 5, 2 0 0 3 Re: Fountain Grove Subdivision
Phase 3, 401/404 Permit
DWQ #03-0472
Mr. Mike Horan
Division of Water Quality
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Dear Mr. Horan:
JUN
rU
In reference to the Division of Water Quality letter dated
May 27, 2003 (DWQ #03-0472), enclosed are 7 copies of the
Pre-Construction Notification (PCN) Application Form for the
Nationwide Permit 39 (401/404 Permit) and the $200
application fee. Since 45 days have passed from the
original submittal of the 404 PCN application form to the
U.S. Army Corps of Engineers, it is our understanding that
the Nationwide Permit 39 has been granted. Thus, no changes
were made to the PCN application form.
If you have any further questions, please feel free to
contact Rich Glover or myself at (336) 886-5523.
Yours very truly,
JAMESTOWN ENGINEERING GROUP, INC.
i
Ravindra Bissram, PE
Enclosures
cc: Landcraft Properties, Inc.
James B. Stevens, PLS • Rich Glover, EIT • James D. Terrell, PLS
O? W A r?9QG
May 27, 2003
Fountain Grove S/D Phase II
DWQ# 03-0472
Fountain Grove, LLC
Landcraft Properties, Incorporated
603-F Eastchester Drive
High Point, NC 27262
Attn: Mr. Tripp Bunker,
On 4/16/03, the 401 Wetlands Unit of the N.C. Division of Water Quality received your Pre-Construction Notification
Application for the purpose of a utility crossing for the proposed Fountain Grove Subdivision in Guilford County. Your
application is being returned since you did not send (7) copies of the current PCN Application and did not include the
application fee. 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
that require written approval is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of
streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order
for DWQ to review and process your request, you must send a check in the appropriate amount made payable to the N.C.
Division of Water Quality attached to your application.
In addition, my staff and I discussed this project with John Thomas of the Raleigh Regulatory Division of the USACOE.
Mr. Thomas explained that typically this type of project would require the use of NW 12.
As stated before, your application is being returned. Please contact the US Army Corp of Engineers to determine the
proper Nationwide permit for this activity. Please feel free to call for assistance or guidance with respect to your efforts in
securing a 401 Water Quality Certification for your proposed project.
Your attention to this matter is greatly appreciated. If you have any questions regarding this letter, please contact Mike
Horan or Danny Smith at 1-(919)-733-1786.
Sincerely,
John Dorney
DWQ 401 Wetland Unit
Central Office Supervisor
CC. File Copy
USACOE Raleigh Regulatory Field Office
Winston-Salem Regional Office
Enclosed: previously submitted application on (4/16/03) & GC 3374 per NW 12
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
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
NCDEt R
Customer Service
1 800 623-7748
G? VIA
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May 20, 2003
Fountain Grove S/D Phase II
DWQ# 03-0472
Fountain Grove, LLC
Landcraft Properties, Incorporated
603-F Eastchester Drive
High Point, NC 27262
Attn: Mr. Tripp Bunker,
On 4/16/03, the 401 Wetlands Unit of the N.C. Division of Water Quality received your Pre-Construction Notification
Application for the purpose of a utility crossing for the proposed Fountain Grove Subdivision in Guilford County. Your
application is being returned since you did not send (7) copies of the current PCN Application and did not include the
application fee. 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 wetland and less than 150 linear feet of streams. For projects impacting
one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to review and process
your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality
attached to your application ??
In addition, I discus?is (oject with John Thomas of the Raleigh Regulatory Division of the USACOE. Mr. Thomas
explained 04that-Ko this type of project would require the use of NW 12.
As stated before, ur application is being returned.
proper Nelt?p rmit for this activity. A&C9
Your attention to this mat er Is greatly appreciated.
Horan or Danny Smith at)((919)-733-1786 .
Please conta=SArmy Corp of Engineers determine
If you have any questions regarding this letter, please contact Mike
v
w/ ???,?(G?
Sincerely,
Environmental Tech.
File Copy
USACOE Raleigh Regulatory Field Office
Winston-Salem Regional Office
_
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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
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NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal
waters, for the construction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this nationwide permit.
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and shopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
places of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the loss of greater than \1/2\ acre of non-tidal waters of the
United States, excluding non-tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the project complies with all terms and conditions of
this nationwide permit and that any adverse impacts of the project on the aquatic environment
are minimal, both individually and cumulatively;
C. The permittee must notify the District Engineer in accordance with General Condition 13,
if any of the following criteria are met:
1. The discharge causes the loss of greater than \1/10\ acre of non-tidal waters of the United
States, excluding non-tidal wetlands adjacent to tidal waters; or
2. The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
3. The discharge causes the loss of greater than 300 linear feet of intermittent stream bed.
In such case, to be authorized the District Engineer must determine that the activity
omplies with the other terms and conditions of the nationwide permit, determine adverse
NATIONWIDE PERMIT 12,
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Utility Line Activities. Activities required for the construction, maintenance, and repair of
utility lines and associated facilities in waters of the United States as follows:
1. Utility lines: The construction, maintenance, or repair of utility lines, including outfall and
intake structures and the associated excavation, backfill, or bedding for the utility lines, in all
waters of the United States, provided there is no change in preconstruction contours. A "utility
line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent,
or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any
purpose of electrical energy, telephone, and telegraph messages, and radio and television
communication (see Note 1, below). Material resulting from trench excavation may be
temporarily sidecast (up to three months) into waters of the United States, provided that the
material is not placed in such a manner that it is dispersed by currents or other forces. The
District Engineer may extend the period of temporary side casting not to exceed a total of 180
days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be
backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a
manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers,
creating a french drain effect). For example, utility line trenches can be backfilled with clay
blocks to ensure that the trench does not drain the waters of the United States through which the
utility line is installed. Any exposed slopes and stream banks must be stabilized immediately
upon completion of the utility line crossing of each waterbody.
2. Utility line substations: The construction, maintenance, or expansion of a substation
facility associated with a power line or utility line in non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters, provided the activity does not result in the
loss of greater than \112\ acre of non-tidal waters of the United States.
3. Foundations for overhead utility line towers, poles, and anchors: The construction or
maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of
the United States, provided the foundations are the minimum size necessary and separate
footings for each tower leg (rather than a larger single pad) are used where feasible.
4. Access roads: The construction of access roads for the construction and maintenance of
utility lines, including overhead power lines and utility line substations, in non-tidal waters of
the United States, excluding non-tidal wetlands adjacent to tidal waters, provided the discharges
do not cause the loss of greater than \1/2\ acre of non-tidal waters of the United States. Access
roads shall be the minimum width necessary (see Note 2, below). Access roads must be
constructed so that the length of the road minimizes the adverse effects on waters of the United
States and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy