HomeMy WebLinkAbout20040223 Ver 2_401 Application_20070531M~
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NC Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Mr. John Dorney
SUBJECT: Eagle Farms
Peppermill Drive Impact
PN# 06-104
Dear Mr. Dorney:
May 30, 2007
1`}~ Y~~Z ~~`
RECEIVED
Oaf -vacs ~a-
Enclosed is an application to fill a portion of an isolated wetland in Wilson, North Carolina.
Included in this submittal is the Application, Agent Authorization Form, supporting Impact Maps,
Project History, USGS Quad Map, County Soils Map, and a check for $200.00 for the 401 certification.
Please contact me if you have any questions or need more information.
Respectfully,
SPH/arw
Enclosures
P:\BUNNE\06104\OfficeVolm Dorney Letter 5-30-06.doc
Sean P. Hein, PLS
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
PAYMENT
RECEIVED
~~ - d~~~~
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version May 2002
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
F
II. Applicant Information _ °° ~ ~ ` ~--~
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Owner/Applicant Information
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Name: Bunn-Eagles Farm, LLC (Fred Bunn) r_,
Mailing Address: 2231 Nash St. NW Suite D
Wilson, NC 27896
Telephone Number: 252-291-1092 Fax Number: 252-291-7899
E-mail Address:
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: Sean P. Hein
Company Affiliation: Green En 'ni e~efin~;, PLLC
Mailing Address: P.O.BOX 609
Wilson, NC 27893
Telephone Number: 252-237-5365 Fax Number: 252-243-7489
E-mail Address: s.hein(a~ erg even 'nib eering.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 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
USAGE 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: Eagle Farm Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3713-57-9600
4. Location
County: Wilson Nearest Town: Wilson
Subdivision name (include phase/lot number): Eagle Farms Section XII
Directions to site (include road numbers, landmarks, etc.): From Wilson, Take Nash Street
North (NC HWY 58~ght on Peppermill Drive. Site at end of exiting_paved Drive.
5. Site coordinates, if available (UTM or Lat/Long):N 35° 46' 12.6" W 77° 56' 12.28"
(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. Property size (acres): 28.3 ac
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Toisnet 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: Commercial and Residential land use directly adjacent to
wetland area. Land has been used for farming in past, currently covered with pine growth.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed construction of street with curb and gutter. All public utilities including water
sewer and storm drainage for residential subdivision. Equipment to be used: Heavy grading
and utility installation equipment.
11. Explain the purpose of the proposed work:
Development of residential subdivision -Eagle Farm Section XII
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 USAGE 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.
There have been previous Impacts to site as follows: 50 if stream March, 2004 USACOE ID#
200420666. Also adiacent shopping complex had a violation Case No. WQ-2006-0006 to this
same wetland area. -Drainage Swale installed through wetlands. This request will install a
permanent road fill and eliminate the drainage swale.
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.
No other Wetland Impacts are requested or anticipated for this project.
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
Page7of12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Impact to Isolated Wetlands for Road Installation and lot development
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill 0.955 No 900' +/- Isolated -Forest
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.52 ac
Total area of wetland impact proposed: 0.955 ac
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 Im act Perennial or
Intermittent?
(leases ecify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs. ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maRquest.com, etc.).
Page 8 of 12
Cumulative impacts (linear distance in feet) to all streams on site: 50 if previous Impact
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 map)
*
Type of Impact Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Road connection necessary to connect subdivision to surrounding parcels. Wetlands are at
end of existing road and it is no possible to re-locate connection to avoid the impact.
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
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - 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 USAGE 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/strm ~ide.html.
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.
Request ~ayment to NCEEP if mitigation is requested.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Meuse)?
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
(s uare feet) Multiplier Required
Miti ation
1 0 3 0
2 0 1.5 0
Total 0 0
~` Gone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 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 2B .0242 or .0260.
No buffers to be impacted - no buffer mitigation requested
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.
Existing impervious on undeveloped areas is low to zero percent. The development proposes
half acre size lots and impervious should be well under 30%. Footprints unknown, custom
builders.
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.
Wastewater treated b~v of Wilson throu hg the gravity collection system.
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 anafter-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).
~-3a-~~
~Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
~, Fred Ivy. Bunn, owner of Bunn Eagles I~`arm, L~..C, authoxi~ze Green Ez~~ineering
to act as my agent in applying far and obtaining pern'ii#s for s~'eam end v~-etland
impacts and vaster quality cerkifications.
~~
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Tate Fred M. Bunn
h.~PUBUCVE;InpfoyeelSan E11Frod Bunn MJJlortlalum Llr, s7,~•Gl.doa
GREfN ENGINEEpING, pllC
VJ nTFR, WASIEWASER Sq JJVEYJNG, hIANNING, PRCIEC~ MANAGEMENT
363 N, G0{PSpneG ST, RG pax Gall WILSON N.C. 27897 fEL 23! 737. E,765 6Ak 252.2,53.7•S$9 WWW,GpEENENGINEExING.COM
' MAY-24-2007 THU 11.53 AM BUNN & COMPANY LLC FAX N0, 2522917899 P, 02
-006 TUE 09 55 AM BUNN & COMPANY LLC
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Mr. Fred M. Bunn
Bunn-Eagles Farm, L,LC
2231 Nash 5t. NW Ste. D
Wilson, NC 27896
Mr. Ron Sutton, P.E.
Herring & Sutton Associates, P.A.
2201 Nash St. NW
Wilson, NC 2789b
Dear Mr. Sutton and Mr. Bunn:
FAX NO, ~~22917899
1,
P, 02
MiChstel F. Easley, Governor
William G. Ross Ir., Secretary
North Carolina Department of Environment and Nahrrai Resources
Alan W. Klimek,l?.E, t?irector
Division of'Weter Quality
August 1, 2006
RE: Request for Remission of Civil Penalty
Bunn Eagles Farm, LLC
Case No. WQ-2006-0006
Wilson County
.-
x~ ~. i~``;~ u ~P ~:
AUG ~ 3 ~~06
The Division of Water Quality has recei~'ed your request for remission of ti~ril penalty
dated July 27, 2006, with i~ccotnpaaying support information. Your request will be presented to
the Director of the Division of Water Quality and you will be notified of the results.
Please note conti>rrrYing wetland standard violations must be resolved. To resolve
these vlolxtione, you musrt apply for either att isolated wetlands permit or a 401 water
quality certification. You rare encouraged to contact Mike Horan of the DWQ Raleigh
Regional Office at (919) 791=4200 if you feel you Head additional assistance to achie~'e
compliance at this Bfte.
Should you have any questions, please feel free to call Chuck Wakild with the DWQ
Raleigh Regional Office at (919) 791,4200 or myself at (919) 733-5083 ext. 360.
Sincerely,
• .~
~~%Vt/~'~Y~
Priscilla Benson
NPS Assistance sad Compliance Oversight Unit
cc: Charles Wakild, P.E. T bWQ~ Raleigh Regional Office Supervisor w/ attachments
Mike Horan -DWQ Raleigh Regional Office
NPS Assistance and Compliance Oversight Unit -File Copy
DWQ Ce>7tral Files )~~"~` c~
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Notch Camliea Division of ViYatar Quality 1617 Mail Service Curter Raleigh, NC 27699.1617 Phone (919) 733-5083 Customer 5ervica
Interns: www.ncweterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (914) 7'33-9612 1.877-623-6748
An Equ81 OppMunhy/A~irrnatlve Ae6on Empbyer - 50% Rtrcycled/1056 Pasl Consumer Peper
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FAX N0, 2~?917899
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P, 02/04
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Detartment of Environment and Natural Resources
r Alan W. Klimek, P.F. Director
~l Coll®en N• Sullins, pepury Director
Division of Water Quality
-~~~- Page 1 of 1
Certified Mai!
Return Receipt Repueg~ted
Bunn. Eagles Farm, LLC
2231 Nash St. NW STE D
Wilson, NC 27$96-17$3
To Whom It May Concern:
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Subject: 1Votice of Violation
Btu>nn Eagles Farm
PIN # 3713-579600.00
'Violation of Wetland Standards
Failure to Secure isolated Permit
Hwy 58
Wilson County
In March of 2005, Mile Horan of the Division of Water Quality (DWQ) Raleigh Regional Office
inspected a land disturbing activity involving the ditching and side cost of. fill at the subject parcel, aloltb
Hwy S8, in Wilson, NC (Wilson County).
During the site visit, the investigator took photographs and made observations of impacts to
wetlands. The inspection reverile~d that the impacts to the wetlands were related with ditchins, excavation
and deposition of fill m4terial.
A D'WQ file review anal a review of the Corps of Engineers files confirm impacts to
approximately 1 /3of an acre ofwetlands. TC,evin Yates of the U.S, Army Corps of Engineers Notiizcation
of .Turisdictional Determinatiola for this tract indicated that theso wetlands are isolaterd. Such activities in
isolated wetlands require a permit pursuant to 15A NCAC 2H .1301. As a result of the site inspecMtion and
file review, the following below listed violations are noted: 1) failure to properly secure a permit to
discharge into Isolated wetlant:ls and waters, and Z) wetland stFindards violations.
Item Y. Failure to Secure a per>rnit to Digcha.t a r'nto Isolated Wetlands and Waters
A DWQ site visit and Fie review confirmed that approximately 1/3 of an acre of wvetlands had
been impacted (excavated and fil(ed) prior to the acquisition of a permit as required pursuant to 15A
NCAC 2.N .1301. A file revie~~v indicates that the U.S. Army Corps of Engineers (COC) has not
auehorired use of a Nationwide: Permit for this activity and that the proper notification has not been
provided to the DWQ for this activity, 1'he review confirmed that no Permit application has been
received by the Division of W;tte;r Quality for this project and no 401 Water Quality Certification has
been issued. It was also deterrnis~ed that the activity is not covered by a General 401 Water Quality
Certification. A permit to fill 'Isolated wetlands and waters is required for the above-mentioned impacts
pursuant to 15A NCAC 2pJ .1300.
Raleigh Regional Office 1628 Mail Service center ~y~~~c~
Water Quality Section Raleigh, NC 27698-1G28 Phone (91 B) 571-4700 Customer Service
facsimile (919) 577-4716 1-877-428-6748
~~ WED 12 45 PM BU~-~4 & COMPANY LLC FAX N0, 26,??917899
Bunn Eagles Farm
PTN # 3713-57-9600.00
Page 2 of 2
6/27/2005
Item 2. Wetland Standard ViolatiiUII
P, 03/04
Wetland disturbance corresponding to mechanized fill and grading associated with the back
tilling/grading of the subject tract constitutes a wetland standard violation. This work has been done
without the appropriate DWQ isolated wetlands permit. Further, no COL permit or DWQ 401 Water
Quality Certification has been issued for the subject tract. l:,acking prior authorization, the above-
described activity represents violations of the following North Cazolina wetland standards found in 1 SA
NCAC 2B .0231(b)(1) and (5);
15A NCAC 2B .0231(b)(1):
"Liquids, fill, ar other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on ex istirig wetland uses;"
15A NCAC 2B .0231(b)(5):
"Hydrological copditii)ns rieeessary to support the biological and physical characteristics
naturally present in wt.:tlands shall be protected to prevent adverse impacts on:
C) The chemical, nutrient and dissolved oxygen re~;irne of the r~vetland;
D) The movement of ~a.quatic fauna;
F) Water levels or ele~~ataons.
This Office recotnrnends t1~at you take immediate measures to abate and resolve the above-mentioned
violations. Also please note, tlaese violations and any future violations aze subject to civil penalt~~
assessment of up to $25,000.Of) per day for each violation.
Requested Rebponse
This O> <ce requests that y.?u~ respond to this letter, in writing, within ~0 days of receipt of this Notice.
Your response should address lyre follawirtg Yternc;
1. Please explain why no authorization was sought for these impacts. Please explain the reasoning
for the ditchixtg/excav:~tion/filling activities that have occurred in wetlands.
2. Please provide a map that e~tactly details the number of square feet and acres of impacts of
wetland impacts as well as the total wetlands on the site.
3. You may choose tq eithe7 restore the wetlat3c
the isolated wetlands which will requite apps
such that impacts are minimized.. (Note: the
minimization and miti,yation to proposed imF
request an "a1`ter-the-tact" penzut for impacts to
ptiate DWQ review), or a combination of the two;
)WQ review will include the applicability of
~. If wetlands are to be restored you must lnclu
clearly detail areas that are to be restored. T
and approval, as well its to Mr. Danny Smith
Oversight ~l'nit, 1617 trl~iil Service Center, R
a.) Wetland Restoration. Plan: Any fill p1
schedule of dates ley which this work
b.) Yt is required that G, planting plan be d
tree species be plaiitvd at a density su
density can be achieved by planting a
spacing) trees per acre. Also, re-vegei
a Restoration Plan with your application and
plan must be submitted to this office for review
the DWQ NPS Assistance and Compliance
igh, NC 27699-1 ~ 17.
in wetlands must be removed. Please provide a
~e done.
ped such that at least two native wetland hardwood
nt to provide 320 trees per acre at maturity. This
:imately 436 (10x10 feet spacing) to 681 (€ix8 feet
of these areas with a wetland herbaceous seed tnix
~~~ WED 12 ~ 45 PM BU~iti! & COMPANY LLC FAX NO, 2~~?917899 P. 04/04
Bunn Eagles Farm
)?1N # 3713-57-9600.00
Page 3 of 3
6/27/2005
is required. Pleas; indicate in your response a schedule with dates detailing when this will be
accomplished.
c.) Fill material must be removed from the wetlands and placed on high ground.
d.) This restoration elfiort must also be addressed in a manner that is in full compliance with the
livision of Land /resources and the US Army Corps of Engineers.
5. Please clearly indicate in your response your intentions with respect to securins proper
authorizations for the ;above-mentioned impacts and include a time schedule for submission of
Pre-Construction Notifycation Application necessary to secure the proper authorization for the
wetland impacts.
Thank you fox your atceiition to this matter. 'Your prompt response to this correspondence will be
considered in this proc:e.;s. Should you have any questions regarding these matters, please contact
Mike ploran at or mys+~li' at (919) 571-4700.
,~„
Sincerely,
Ken Schuster
bVV'Q Raleigh Regional Supervisor
cc: DWQ RRO -Mike Hor1n.. 3800 Barrett Drive, Raleigh, NC
Joe Dupree-Division of La.ncl Quality, 3800 Barrett Drive, Raleigh, NC
Jean Manecxle, US Army Go~ps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Bra.r~ch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
NPS Assistance & Compliance Oversight Unit -Danny Smith 11;17 MSC, Raleigh, NC 27699-1617
Central Files
1~ile Copy
~';k
A
U.S. ARMY CORPS OF ENGINE S
ER
Wilmington District
Action ID: 200420666 County: Wilson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant
_ Bunn-Eagles Farm LLC
Address 2207 West Nash Street, Suite D
Wilson, NC 27893
Telephone Number 252-291-1092
Authorized
Agent Green En ineerin
Attn: Mike Tolson
Address P.O. Box 609
Wilson, NC 27893
Telephone Number 252-237-5365
Size and Location of Property (waterbody, Hi~hway name/number, town, etc ): The proposed
project is located on the east side of NC Hwy 58, ~''/z mile southeast of its intersection with SR 1332, in
Wilson, Wilson County, North Carolina.
Descriution of Activity: This permit authorizes the installation of a culvert and fill material associated
with a road crossing in the Bunn-Eagles Subdivision. Permanent impacts to waters are 50 linear feet to an
unnamed tributary to Toisnot Swamp.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
14 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Kevin Yates at telephone number (9191 876 - 8441 extension 30
Regulatory Project Manager Signature,
Date _ _ March 16, 2004 Expiration bate March 16, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (F1ZE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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a GREEN ENGINEERING
~ WATER, WASTEWATER, SURVEYING, PLANNING, PRGJECTMANRGEMENT
N
303 N. GOLDSBORO BT. P.O. BOX 609 WILSON, N.C. 27893
p TEL (252) 237-5365 FAX (252) 243-7489 OFFICE@GREENENG.COM
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__.._______ ~ 100
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/ WLL 1~ LOT FLL TO MAKE
~ BULDASLE FOR LOTS 96 + 97
96
101
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t52 ACRES
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LOT N~ACT IS 0,955
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