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HomeMy WebLinkAbout20151086 Ver 1_401 Application_20151019Innovation Done Right ...We Make a Difference I N T E R N A T 1 0 N A L October 16, 2015 Jennifer Burdette 401 /Buffer Coordinator NC DWR, 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 Subject: Pre - Construction Notification/401 Certification Package Silas Creek Bank Stabilization Project Forsyth County, North Carolina Dear Ms. Burdette: Please find enclosed five (5) copies of our PCN package for the Silas Creek Bank Stabilization Project. As part of this submittal, we have included the following supporting data on the project and a check of $240.00 for the permit fee. We have also included five copies of the following supporting data on the project: • PCN form, • Supporting Information: Letters & Maps, • Agent Authorization Form • Permit Fee ($240.00), • (5) half -size copies of the Plan Set, and • Digital CD submittal (PDF format) The purpose of the project is to stabilize stream banks along Silas Creek within the Lake Katharine Wetland in the vicinity of Reynolda Walking Trail and the Lake Katharine dam. The project will implement bioengineering measures such as geo -lifts on the upstream face of the dam and use an herbaceous vegetation mix to avoid woody roots compromising the dam. In addition to this submittal for 401 Certification, Baker has submitted a request to the US Army Corps of Engineers (Raleigh Field Office) for 404 Permit approval of a NW -13. If you have any questions, please call me at (828) 350 -1408 Ext. 2001. Sincerely, Jacob Byers, PE Project Manager Enclosures fm �." ��` KAsemm / / /sALLYPoRT MBAKERINTL.0 ©M adBirr' +I�c �aaoF�.�F4.�� 3�rb��Caaii+l[ Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Silas Creek Stream Bank Stabilization Proiect 2. Name of Property Owner /Applicant: wake Forest Universitv 3. Name of Consultant /Agent: Michael Baker Engineering, Inc. /Jake Bvers, P.E./828.350.1408 *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): N/A 5. Site Address: Between 114 and 128 Revnolda Village, Winston - Salem, NC 27106 6. Subdivision Name: N/A 7. City: Winston -Salem 8. County: Forsvth 9. Lat: 36.1286760 Long: - 80.2840850 (Decimal Degrees Please 10. Quadrangle Name: Rural Hall, NC 11. Waterway: Silas Creek 12. Watershed: Yadkin 13. Requested Action: Attachments: ❑ Nationwide Permit # 13 Agent Authorization; Completed PCN (10 pages); ❑ General Permit # Permit Drawings (10 pages); $240 DWR Application Fee; ® Jurisdictional Determination Request USGS 7.5' Topo. Quad.; NRCS Soils Survey Map; ❑ Pre - Application Request Preliminary Jurisdictional Determination Form; Vicinity Map; NWI Map; DFIRM Map; Aerial; Letter of Explanation The following information will be completed by Corps office: h D Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. 105` EE PLAN NO. PARCEL ID: 6862- 07a995.00; 6826 -08- 9642.00 STREET ADDRESS: Between 114 and 128 Reynolda Village, Winston- Salem, NC 27108 Please print: Wake Forest University Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Jake Byers, PE of Baker Engineering (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 1834 Wake Forest Rd Winston Salem NC 27109 Telephone: 336- 758 -4529 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. L)� I l -A L-_ ev'e 5��-- Authorized Signature Authorized Date: Signa7,,�//, Date: /d Elio d 0� WAS �G Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: 1 b. Specify Nationwide Permit (NWP) number: 13 1c. Has the NWP or GP number been verified by the Corps? ❑X Section 404 Permit ❑ Section 10 Permit or General Permit (GP) number: 3885 ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ because written approval is not required? 401 Certification: ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Silas Creek Stream Bank Stabilization Project 2b. County: Forsyth 2c. Nearest municipality / town: Winston -Salem 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Wake Forest University 3b. Deed Book and Page No. NA 3c. Responsible Party (for LLC if Greg Scott applicable): 3d. Street address: PO Box 7201 3e. City, state, zip: Winston - Salem, NC 27109 3f. Telephone no.: 336.758.4529 3g. Fax no.: 336.758.6060 3h. Email address: scott @wfu.edu For the record only for Corps Permit: ❑X Yes ❑ No ❑ Yes ❑X No ❑ Yes ❑X No ❑ Yes ❑X No Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent /Consultant Information (if applicable) 5a. Name: Jake Byers, PE 5b. Business name Michael Baker Engineering, Inc. (if applicable): 5c. Street address: 797 Haywood Rd., Suite 201 5d. City, state, zip: Asheville, NC 28806 5e. Telephone no.: 828- 350 -1408 5f. Fax no.: 828- 350 -1409 5g. Email address: jbeyers @mbakerintl.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 6862 -07- 7995.00; 6826 -08- 9642.00 1 b. Site coordinates (in decimal degrees): I Latitude: 36.128676 Longitude: - 80.284085 1c. Property size: 23 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Silas Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing dam is an earthen dam built in the early 20th century on Silas Creek, which outfalls from the dam via a stone arch culvert. Siltation upstream as resulted in current braided channels and wetland marsh configuration. Nearby landuse include include Wake Forest University, historic Reynolda property, and residential uses. 3b. List the total estimated acreage of all existing wetlands on the property: 0.07 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 275 3d. Explain the purpose of the proposed project: Stabilize stream banks along Silas Creek within the Lake Katharine Wetland in the vicinity of Reynolda Walking Trail and the Lake Katharine dam 3e. Describe the overall project in detail, including the type of equipment to be used: Bio- engineered structures on the upstream face of the dam; use of herbaceous vegetation mix to avoid woody roots compromising the dam 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑X No ❑ Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. (linear 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Choose one Corps (404,10) or impact Permanent (P) or S5 - Choose one DWQ (401, other) (acres) Temporary (T) Choose one W1 P Excavation Non -Tidal Freshwater Marsh No Corps 0.01 W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 - Choose one Choose one Yes /No W5 - Choose one Choose one Yes /No W6 - Choose one Choose one Yes /No 2g. Total Wetland Impacts: 0.01 2h. Comments: Pull back point bar to 4:1 (more gradual slope) 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Stabilization Silas Creek PER Corps 120 S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one - S6 - Choose one 3h. Total stream and tributary impacts 120 3i. Comments: Install 2 rock vane, Install 8 lift geolift up to approximate elevation 860', Install impervious swale, Smooth out topography, Pull back point bar to 4:1 (more gradual slope) Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody B3 - Yes /No impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or B6 - type Temporary (T) 6h. Total Buffer Impacts: 6i. Comments: 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number — mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) B1 Yes /No B2 Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. NA; Project is specifically designed for environmental enhancement /restoration. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. NA; Project is specifically designed for environmental enhancement /restoration. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Streambank stabilization only; no impervious surface 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes X❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from NA the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes El No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. I Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? http: Nwww. fws. govt raleightspecies /cntylisUforsyth.html; https:llecos.fws.govriipact 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? http:llgis.nedcr.gov/hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA - designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: A hydraulic analysis was conducted within the project area to determine if any proposed work would have an affect on water surface elevation. floodway elevations, or floodway widths. The results of the analysis showed no change in water surface elevation, floodway elevation. or floodway width. see attached for approved floodplain development permit. 8c. What source(s) did you use to make the floodplain determination? http:llwww.ncfloodmaps.com/ Applicant/Agent's Printed Name App icant/Agent's Signature (Agent's signature is valid only if an authorization letter from the amlicant is provided.) Page 10 of 10 a ! 5' Date 4 rp Figure 1 - Lake Katharine Project No. 147273 7.5- minute quadrangle Rural Hall, NC N 0 200 400 800 Feet FORSYTH COUNTY, NORTH CAROLINA ® SHEET NUMBER 23 N A w u- 0 00 ri pp O O A Site Latitude Longitude Cowardin Estimated Class of Class amount of aquatic aquatic resource resource in review area Silas 36.128676 - 80.284085 Freshwater 0.01 acres Non- section Creek /Lake Emergent 10 - wetland Katharine Silas 36.128676 - 80.284085 Perennial 120 linear feet Non - section Creek /Lake 10 — non - Katharine wetland Ln V3 fJ A - iV Lo kJti �a .1 �4 rl7 1W IL rG -f IS praUWJnylp�tniR alFSrrt �aR pCx 'CS 12; mss.$ N �Che -TPY S k "� 1 h �Q° f "e R }i6gratti>R ry -113 47 cu �f c1V r F, 2 LLr 10 % `�= - LLB' . 17 ddq ' 'b W L r C � �f r.l L = L PM fLF� � � qi u b u �7 0 Ll kes Dr .Q Q' x r i3,�4eiPFCILL c.l¢ I x P z u, KearnsAve 41 'j- u4sp1+Rr w = _ - p, _ IQ40 PJYMOL Avg El� 4 C51fsu l l la ilPt G - - DAV etuL`.II o-uua' 'TO moorqua� r a re PAV fallpLig C�ler MCHt'D �v _ rj t' o 8 d[) JO14L'Cj4vj ill! U¢ M- ` ins PAOC11Jri L jeen J❑ Poo W?NArtg w 'Cl 013jti,Jti. 'Let fix Lr 4 7 ,i# i r5 , y Keating D CD PJ aay1Q d � of liar ¢] 41 C —A Rrl > AWII $ � Lake Katharine LA�J) National Wetlands Inventory This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. User Remarks: Silas Creek Stream Bank Stabilization Project - NWI Map Oct 6, 2015 Wetlands Freshwater Eniergent - Freshwater FtrrestedJShrub - Estuarine and Marine Deepwater ® Estuarine ana Marine - Freshwater Pond - Lake - Riverine - ether e r IL Site Location 1 i � Ifj_ 4� WOK YC �x o � {n, -.. � y [ � s P 1h + 1.. "y. � ♦ ICJ s i. • r i � 1, r a � Y _ yI� o- 0 000 -oo o. oo DC e mv Katharine Figure 2 - Lake Project No. 147273 0 200 400 800 Forsyth County Feet N A A TTA CHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Jake Byers, P.E.; Michael Baker Engineering; 797 Haywood Rd., Suite 201; Asheville, NC 28806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Silas Creek Bank Stabilization Project; Lake Katharine Dam; Winston - Salem, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County /parish /borough: Forsyth City: Winston -Salem Center coordinates of site (lat /long in degree decimal format): Lat. 36.128676 ON; Long. - 80.284085 OW. Universal Transverse Mercator: Name of nearest waterbody: Silas Creek and Lake Katharine Identify (estimate) amount of waters in the review area: Non - wetland waters: 120 linear feet: 19 -29 width (ft) and /or acres. Cowardin Class: Stream Flow: Perennial Wetlands: 0.01 acres. Cowardin Class: Freshwater Emergent Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non - Tidal: 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑ Maps, plans, plots or plat submitted by or on behalf of the applicant /consultant: ❑ Data sheets prepared /submitted by or on behalf of the applicant/consultant. ❑Office concurs with data sheets /delineation report. ❑ Office does not concur with data sheets /delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: 7.5- minute; Rural Hail ,NC ✓❑ USDA Natural Resources Conservation Service Soil Survey. Citation: USDA, Forsyth County, NC Soil Survey, 1976 ❑✓ National wetlands inventory map(s). Cite name: http: / /www.fws.gov /wetiands /data /mapper.HTML ❑ State /Local wetland inventory map(s): ❑✓ FEMA /FIRM maps: NC Panel 6826 ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: ❑✓ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) E Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) SAMPLE Estimated Site Cowardin amount of number Latitude Longitude Class aquatic resource in review area 1 0.1 acre 2 3 RI k, 100 linear feet 15 square feet 0.01 acre Class of aquatic resource Non - section 10 — non - wetland Non- section10 — wetland Non - section 10 — wetland Non - section 10 — non - wetland WAKE FOREST U N I V E R S I T Y Facilities and Campus Services October 12, 2015 SUBJECT: Reynolda Village Dam Repair To whom it may concern: The reason this project was initiated was for the sole purpose of maintenance and repair to the eroded areas at the culvert in question. Our concern is that further erosion will compromise the structural integrity of the Dam creating the possibility of a liability and/or hazardous issue downstream. Regards, sA Greg Scott Senior Project Manager Wake Forest University Facilities & Campus Services PH: 336 - 758 -4529 Fax: 336 -758 -6060 scott @wfu.edu GS /cjt PO Box 7286, Winston - Salem, North Carolina 27109 -7286 phone 336.758.4926 / fax 336.758.6060