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HomeMy WebLinkAbout20080956 Ver 1_401 Application_20080608Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Monte Matthews 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Nicole Thomson Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 Re: Bellemont Point Chatham County, NC 08 09 5 6 June 10, 2008 S&EC Project # 6878.P1 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 JUN 1 1 200 S RAID DENk -WATER WNT i WETLANDS AND STORfdWATER SRAP1G11 On behalf of the owner, Ricky Spoon Builders, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permits 18 & 29 and General Water Quality Certification 3705. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Bellemont Point Project Type Residential Subdivision Owner / Applicant Rick Soon Builders Attn: Rick Soon Count Chatham Nearest Town Pittsboro Waterbod Name UT to Roberson Creek Basin / Sub-basin 03-06-04 Index Number 16-38-(3 Class WS-IV; NSW USGS Cataloging Unit 03030003 IMPACT SUMMARY Stream Impact (acres): 0.034 Wetland Impact (acres): 0.007 Open Water Impact acres): 0 Total Impact to Waters of the U.S. acres 0.041 Total Stream Impact linear feet): 414LF* *Of the 414 LF of stream impact, only 145 LF is permanent Attachments: Pre-construction Notification (PCN) Application Form Sediment Impact Delineation Report & Clean up Plan USGS Topographic Quad Map Stonnwater Management Plan (DWQ Only) Chatham County Soil Survey Map $570 Application Fee to DWQ Agent Authorization Form USACE JD (AID 200221408) DWQ NOV-2008-PC-0140 USACE AID 200801124 Impact Map Details (11X17) Overall Impact Map/Post Construction Drainage (full size to DWQ; 11x17 to USACE) Charlotte Office: Greensboro Office: 248 LePhillip Court 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Office Use Only: Form Version March 05 08 0 9 5 6 USACE Action ID No. DWQ No. kti any particular item is not appiicanie to tuts project, please enter "Not Applicable" or "N/A".) I. Processing PA I D 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 ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18 & 29 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name:_ Ricky Spoon Builders JUN 1 1 ?MR Mailing Address: Attn: Mr. Rick Soon 2475 Redbud DENK " " t A7Z WETLANDS "tJR STrPAi,4;;nY',:RANrH Pittsboro NC 27312 Telephone Number: (919) 422-1517 Fax Number: (919) 542-0776 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: Nicole J. Thomson Company Affiliation: Soil & Environmental Consultants PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: NThomson(a,sandec.com Page i of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bellemont Point 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9742-82-8706; 9752-13-4754; 9752-15-9726; 9752-15-5722; 9752-15-1641 4. Location County: Chatham Nearest Town: Pittsboro Subdivision name (include phase/lot number): Bellemont Point Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, take US 64 West toward Pittsboro; continue on US 64 Bypass to US 151501 Exit; turn left onto US 151501 South; turn left onto Lowes Drive; the subject property will be at the end of Lowes Drive. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7357 ON 79.1641 °W 6. Property size (acres): +/- 160 acres 7. Name of nearest receiving body of water: UT to Roberson Creek (03-06-04; 16-38-(3); WS- IV; NSW) 8. River Basin: Cape Fear (USGS Cataloging Unit 03030003) (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/ma?s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The subject property is forested, however, there has been Page 2 of 10 some recent rg ading and land clearing activities at the site. The surrounding properties are a mix of undisturbed forest, residential developments - both existing and under construction and commercial. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed development will be for a residential/mixed use development with typical roads and utilities. Heavy equipment typically necessary for road and home construction as well as utility installation will be used. 11. Explain the purpose of the proposed work: The purpose of the proposed project is to construct Bellemont Point to provide additional housing for the rapidly rowing area. The proposed impacts to streams and wetlands are necessary to construct the necessary development roadway infrastructure. 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. S&EC completed a detailed delineation of the property May 10, 2002 and again on November 26, 2007. Todd Tu well (formerly with the USACE issued a Jurisdicational Determination (JD) on September 17, 2002 (see attached Action ID 200221408). On December 6, 2007, Mr. Monte Matthews (USACE) visited the site with S&EC to re-verify the wetlands and streams for the purpose of re-authorizing the JD. This site visit revealed impacts to a perennial channel, as well as an intermittent channel, without a section 404/401 permit; these impacts were associated with the construction of two separate sediment basins. On February 26, 2008, the NC DWQ issued a Notice of Violation for the above documented reasons (see attached NOV-2008-PC-0140). On March 27, 2008, the USACE also issued a letter documenting the above violations (see attached Action ID 200801124). The applicant voluntarily stopped all work within jurisdictional waters. S&EC has been engaged to prepare and submit an "after-the-fact" application package for the impacts associated with the above sediment basins, a sedimentation delineation and removal plan (submitted on May 25 2008) as well as a stream restoration plan (to follow under separate cover). 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 future permits are known to be required at this time. Page 3 of 10 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. 1. Provide a written description of the proposed impacts:_ Impact #1: 145 linear feet of permanent important/perennial stream channel impact and 0.004 acres of permanent wetland impact for proposed road crossing; Impact #2: 101 linear feet of permanent intermittent/unimportant stream channel impact and 0.003 acres of permanent wetland impact for proposed stormwater wet pond; Impact #3: 168 linear feet of temporary important/perennial stream channel impact for proposed sediment basin removal and stream restoration 2. Individually list wetland impacts. Types of 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. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh , 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Flood lain Stream (acres) (es no) (linear feet) Impact #1 (NWP 29) Road Crossing (permanent) Riparian No 0 0.004 Impact #2 Stormwater (NWP 18) Management Pond Riparian No 0 0.003 (permanent) Total Wetland Impact (acres) 0.007 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 0.224 ac. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Page 4 of 10 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet (acres Impact #1 UT to Roberson Culvert (NWP 29) Creek (permanent) Perennial +/- 5' 145 0.017 Impact #2 UT to Roberson Stormwater (NWP 18) Creek Management Pond Intermittent +/- 2' 101 0.005 (permanent) Impact #3 UT to Roberson Sediment Basin (NWP 18) Creek removal Perennial +/- 3' 168 0.012 (temporary) Total Stream Impact (by length and acreage) 414 0.034 V1 L11e 4114 Lr vl strealtl impact, omy 14? Lr is permanent 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Sit N b Name Type of Waterbody Area of e um er (if applicable) e) Type of Impact (lake> pond, estuary, sound, bay, Impact indicate on ma ( ocean, etc.) (acres) N/A N/A N/A N/A 0 Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.034 Wetland Impact (acres): 0.007 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.041 Total Stream Impact (linear feet): 414* -v1 tine 914 Lr of stream impact, only 145 LP' is permanent 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. There_ are no isolated wetlands or streams on this property. 8. 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.): N/A Page 5 of 10 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VIh Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant requested a detailed delineation of streams and wetlands prior to site plan development in order to determine the extent and location of streams and wetlands in the vicinity of the proposed road crossing. The site plan has limited permanent impacts to one road crossing of an important/perennial channel. Streams are not crossed multiple times by roads. The proposed road crossing is necessary in order to access a useable portion of the uplands for development as well as providing the needed internal connectivity required for emergency vehicle access. The applicant, Ricky Spoon Builders, engaged a separate engineering firm to provide an overall erosion control plan for the proposed development. This plan showed the installation of a temporary sediment basin within "Stream Channel 2" (i.e. Impact #2) and a sediment pond within "Stream Channel 1" (i.e. Impact #3) which were subsequently installed as shown on the plans. Those plans were approved by the Division of Land Quality for the installation; therefore the applicant did not think there were any issues relative to the sediment basin with respect to wetland and stream locations. The USACE has stated in recent meetings that the "Sediment Basin "1" on "Stream 2" will be allowed to remain in place; however, the activity will need to be permitted. The USACE has also stated that the sediment pond labeled "1" on "Stream 1" will need to be removed and the stream channel restored. S&EC has been engaged by Ricky Spoon Builders to develop a Sediment Delineation and Removal report for the stream channel above and below "Stormwater Pond 1," the wetlands associated with "Stream 1" and the stream channel below "Sediment Basin 1." S&EC was also requested to develop and provide the NC DWQ and the USACE with a Stream Restoration plan for the removal of the sediment pond on "Stream 1." S&EC has also been engaged by Ricky Spoon Builders to assist with site stabilization and erosion control measures. These measures includes silt fences along the streams and wetlands in areas where there is currently grading in upland areas as well as monitoring of the sediment basins to prevent further sediment deposition to the stream channel below the basin. The applicant is also aware of the regional conditions associated with the Nationwide Permits 18 & 29. With respect to minor discharges (Regional Conditions section 4.6) the impact to the wetlands are associated with stormwater outfall devices as required by the NC DWQ. These minor fills are not being used to create an upland area. With respect to residential development Page 6 of 10 conditions (Regional Conditions section 4.9) the applicant does not anticipate any impacts to streams or wetlands associated with the required stormwater facilities, there are no proposed single-family recreation facilities, there are no 100 year floodplain limits identified on this project and therefore, there are no permanent wetland or stream fills proposed within the floodway and the stream classification for this project is Water Supply (WS) IV•Nutrient Sensitive Waters (NSW) (i.e. not Outstanding Resource Waters or High Quality Waters). VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. S&EC believes that additional stream mitigation beyond the avoidance and minimization of permanent impacts to perennial/important stream channels should not be required giygn that the total permanent stream impacts are less than 150 linear feet Additionally, permanent impacts to wetlands is less than 1/1 01h acre therefore wetland mitigation should not be required. If additional mitigation is required the applicant proposes to utilize EEP Page 7 of 10 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at htlp://h2o.enr.state.nc.us/yLtp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. 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 ? 3. 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No Page 8 of 10 2. If "yes", 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 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. This project is not within a River Basin with state regulated buffer rules. XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Please see the attached post development drainage basin maps. There are 6 Stormwater BMP wet ponds proposed for the proposed development Included in this application package is the Stormwater Calculations and supplemental forms and worksheets for the NC DWQ to review and approve. 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. This protect will connect to existing sewer lines. The Town of Pittsboro will insure that the capacity of their treatment facility will not be exceeded. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes N No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No N Page 9 of 10 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that most residential subdivisions are unlikely to cause cumulative impacts. This residential project does not meet any of the three criteria of private projects that can clearly result in cumulative impacts. This development is relatively small in nature, has no commercial component associated with it, is within a primarily residentially developed landscape and therefore, the utility infrastructure (i.e. water and electricity) are already in place to service the proposed development. We anticipate that you will advise us if a qualitative or quantitative impact analysis is required. XV. 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). (e /it) 1D$ / A$pLe'ant/Age's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 (e4 �7:7� s3 /ir r A 'litx K3 N N. r N1 00 'o z_ \ 'J V, '51'r: z W" All +l ;%rQ�_� 15 i.:• �_��}I)`.� /� �l' ;/- r.,' .+ �'-r I1�:: ;'r -�,� {r``--� ,i,IC Ic— Vi 1Y y f Tf M 10 Jc' .� »'��L,,,���,/LL,,./..////// / / r' ,. �` . — \ l -•-. � I �I, / "� { }, (1 � ! , (I �1�y r t 1 � '\\ t I.1' .R • ; 1 ���J/ ;' • : Vii: `may: "J .,�-. ' -f 1:J��� ��\ >x `/ ����� el m A V�' l�� V, J 400 MU "5V '1V ol Nk N In 4- W E s 1 k PpCt NO. scale: C )8.e.pi 1•=2000' FIG. 1 USGS TOPOGRAPHIC MAP SOURCE: BYNUM 11010 Raven Ridge Rd. Project Mgr. Drawn By: BELLEMONT POINT Raleigh, NC 27614 NT mm USGS QUADRANGLE 919-84&5900 Date: 06t09/08 PITTSBORO, NC DATED:1999 -- ,.F1195 sex r , rF ;, C1ne +Nk: r. ra _ GIB! r GkD B .a '• GSC ,• G�6 i.� M :t� - {. �M1 !C� NSB �� t . ► UdC W2 ArC dmp NSC r tir9 . � GaB2 ' . 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NT MM y SOIL SURVEY , 919-84&5900 1 - 5 7614 PITTSBORO, NC Date: 06/09/08 Jun 09 08 09;48a Ricky Spoon Mrs 06/07/2008 11:46 9198469467 Name: Address: S$EC Environmental Road * 84,414. North CwOft `7614 www 5andEC.com 19195420776 P•1 0"D PAGE 02 Consultants, PA. 'hoar. (419) 346-5900 - Fax: (919) 8W9467 12- Phone: Project Name/JDescription:,?'i,4E1-tD?d7` fin r?! T S&1rC Project #_h212. P _J Date: - [.? ? ?? ? C? ^ The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 189D Wilmington, NC 28402 Attn: % F-1 a u Field Office: ('ZAJF1!'r-A Re: Wetlands Related Consulting and Pmz *tting To Whom It May Concern: I, the current landowner or municipal official hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as any agent in the processing of permit applications, to hu Tdsh upon regt>est,?supplemental ' or3mation in support of applications, etc. from this day forward. The 2_ day of 6A . t This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only fox government officials to =ter the property when acc ompanied by S&EC staff. You should call S&EC to arraztge a site meeting prior to visiting the site. Print I'iroperty per's or Muoiclpal Official's Name Property Owner's or Municipal Off9ciaPs Signature CC: Ms, Cyndi Kaxoly cc: Mrs. Nicole Thon saxt NCDENR - DWQ Soil & Environmental Consult8rkt5, PA 2321 CS abtree Boulevard Raleigh NC 27604 herit>,tq 1(fl r. 216 UPhB)ip Cout% Saito C Concord. NC 24025 Ce&=ns m Office: 4817-E La-udale Drive Phone: (704) 72x9405 Fox. (704) 720.9406 Gmensix", NC 27455 Phone: (3.16) 540-8234 Fox: 636) 540-S23S AGENT AUTHORIZATION FORM ec'hp? U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221408 County: Chatham NOTIFICATION OF JURRI?S?DICTIONAL DETERMINATION Property E [E 0 v F. orized Owner Robert Hancock D g it Soil & Environmental Consultants. Inc. AUG 2 9 2002 Attn: Sean Clark Address 2381 South Cha Avenue d ess 11010 Raven Ridge Road Siler Ci NC 344 Raleigh, NC 27614 Telephone Number 336- hone Number 919-846-5900 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located east of the intersection of NC 64 and US 15/501, north of Pittsboro, Chatham County, North Carolina. The site is adjacent to an unnamed tributary of Roberson Creek, above headwaters, in the Cape Fear River Basin. Basis for Determination: The site contains wetlands and stream channels with indicators of ordinary high water marks, located adjacent to an unnamed tributary of, above headwaters, in the Neuse River Basin. Indicate Which of the Following Apply: There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Todd Tugwell at telephone number_ (919) 876 - 8441 extension 26 Project Manager Signature. Date August 28, 2002 y V Expiration Date August 28, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. NOTIFICATION OF ,ADMINISTRATIVE APPEAL-'OPTIONS AND`PROCESS-AND r. ? 'X N- ItEQUESTTOR APPEAL F Applicant: Robert Hancock File Number: 200221408 Date: 08/28/2002 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.army.mil/inet/f mctions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section If of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may adept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Geor is 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 03/10/2008 09:59 9197887159 NCDWQRRO PAGE 02/04 k wAL,4 0+1- ? y a < Mlchael F. Easley, Governor William G. Ross Jr., Secretary North Carollm Department of Environment and Natural Resources Coleen H. Sullins, Director Division of water Quality February 26, 2008 CERTINE.D MAIL # 7006 0810 0002 6049.6041 L=3 C?' 1P ? I N RETURN RECEIPT REQUESTED Ricky Spoon Builders Attn: Ricky Spoon 2475 Redbud Road Pittsboro, NC 27312 Subject: NOTICE OF VIOLATION NOV-2008-PC-0140 NCR000351 Bellemont Point Phase H Removal of Best Use Failure to Secure a 401 Water Certification Other waste (In-stream sediment) Wetland standard violation Stormwater General Permit - NCGO10000 Viol ation Chatham County Dear Sir: On February 13, 2007, Lauren Cobb and Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for a tract of land located southeast of the intersection of US Hwy 64 and Hwy 151501 in Pittsboro, Chatham County, North Carolina. The stream, on the site is an unnamed tributary (UT) to the Roberson Creek, Class WS-1V NSW waters, in the Cape Fear River Basin, The site visit and file review revealed that the subject project has an approved Erosion and Sedimentation Control Plan and is covered by stormwater general permit NCG010000. During the site visit, Ms. Cobb and Ms. Landry made the following observations: • A stor water pond (Pond 1) was constructed within, approximately.1,208 linear feet of stream channel (Stream 1) (see attached map). • A sediment basin (Basin 1) was constructed within approximately 53 linear feet of stream channel (Stream 2) (see attached map). + Sediment ranging from approximately 6-1.8 inches in depth was observed in approximately 230 linear feet of stream channel (Stream 1) above Pond 1. r4.?ne?? )/, • Sediment ranging firom approximately 5-20 inches in depth was observed in dYUtum1 North CvolinA Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet, 1120.enr.state.nc.us 1629 Mail Service Center 1?.alcigh, NC 27699-1528 FAX (919) 5714718 1-877-523-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 03/10/2008 09:59 9197887159 NODWQRRO PAGE 0310AD Pagc 2 Bellemont Point Phase U Chatham County approximately 51 linear feet of Stream 2 below Sediment Basin 1. • Sediment ranging from approximately 3-20 inches in depth was observed in approximately 172 linear feet of Stream 3 below Sediment Basins 2 and 3. • Sediment ranging from approximately 3-15 inches in depth was observed in approximately 1,500 square feet of wetlands above Pond 1 adjacent to Stream 1. As water general permit (NCG010000) is issued upon the approval of an Erosion ati Id oEltion Control, Plan. This permit applies to projects that receive a Division k?gjylirces (or local delegated program) Erosion and Sedimentation Control Plan for land disturbance of 1 acre or greater. Specifically, the general permit (NCG010000) authorizes the discharge of stormwater under the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina Administrative Code 2H.0100. Accordingly, the following observations and/or permit conditions violations (please see the attached addendum for information about your permit) were noted during the Division of Water Quality inspection: During the inspection, a copy of the approved Erosion and Sedimentation Control Plan was not observed on-site that available for review. A rain gauge was not observed on the site at the ti7nle of inspection. Rain gauge data and inspection records were not available on site during the inspection*. *,Project personnel not available during DWQ site inspection. As a result of the site inspection, the following violations, detailed below, were noted: (1) Removal of Best Use (2) Failure to Secure a 401 Water Certification (3) Other waste (In-stream sediment) (4) Wetland Standard Violation (5) Stonnwater General Permit - NCG010000 Violation Item 1. Removal of Best Use The construction of a stormwater pond and sediment basin in-line with streams represents a water quality standard violation defined as removal of best usage. Specifically, 15A NCAC 2B .0211 (2) requires that "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis." Please see the Requested Response section for details concerning how to achieve compliance at the site. Item Ill. Failure to Secure a 401 Water Quality Certification A file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction. Notification submitted to DWQ is required prior to .03/10/2008 09:59 9197887159 NCDWQRRC PAGE 0410,10 Page 3 Bellenwnt Point Phase II Chatham County the sediment basin and storrnwater pond impacts to streams on-site pursuant to 15.,A, NCAC 2H.0500. Item III. Other waste (In-stream sediment) 15A NCAC 02B.0211 (3)f Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. Item IV. Wetlands Standards Violation 15A NCAC 02B .0231 (b) (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses; (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) no chemical, nutrient and dissolved oxygen regime 'of the wetland; (D) The movement of aquatic fauna; (F) Water levels or elevations. Item V. Stormwater General Permit, NCG010000 Violation A stormwater general permit (No. NCG01000) is issued upon the approval of an Erosion and Sedimentation, Control Platt. The stormwater general permit authorizes the discharge of stormwater under the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina Code 211.0100. Your site is therefore subject to NCG010000. During the inspection, a copy of the approved Erosion and Sediment Control plan was not on site and available for review as required by NCG010000 permit Part L Section A (2). A rain gauge was not observed on the construction site as required by part I, Section B (1). Rain gauge data, measured, daily, and inspection records, collected weekly and after every 0.5 inch or greater of precipitation, as required by Part ); Section B (1) and (3), respectively, were not inspected. Project personnel were not available during the DWQ inspection. Facilities and systems of treatment and control used by the pernittee to achieve compliance with the conditions of the general permit were not mai ttained as required by Part 11, Section C (1). Required Response You are directed to respond to this letter in writing within 30 days of receipt. You are also encouraged to secure a consultant who specializes in buffer, stream, and wetland restoration to assist you with the development and submittal of the following: 03/10/2008 09:59 9197887159 NCDWORRO PAGE 05/0,10 Page 4 Bell== Point Pbase II Chatham County 1. Documentation depicting all jurisdictional features (e.g. streams and wetlands). A description and quantification of the impacts to those jurisdictional features and your plans to avoid furtber stream and wetland area impacts on the site. 2. Stream Restoration Plan -- Please explain bow you plan to restore the pattern, profile and dimension of the impacted stream channels to include the removal of the Stormwater pond, sediment basin, and associated dill. The streambed must be restored to the original profile and the stream. banks must be stabilized. 3. Stream and Wetland Restoration Plant (sediment impacts) - Sediment impacts to the streams and wetlands onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has beau deposited in the streams and any wetlands. 'This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrow's) to remove deposited sediment from the stream channel. The sediment should be removed :from the channel, taken to high ground away from the stream channel and stabilized. Also, the plans must address the measures that will be used for temporary stabilization/sediment control while this work is under way. 4. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USAGE) for information on the type(s) of permit required.. Depending on the type of permits USACE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not pemtittable. As listed above, the general permit requires (NCG010000) inspection and record keeping requirements for the project site. Accordingly, it is required that DWQ be provided a copy of rain gauge data and weekly iWspection/monitoring reports related to your inspections of the approved erosion and sedimentation control facilities for the past 3 months up to the date of receipt of this letter. Copies of all corresponding inspections subsequent to gain, events greater than 0.5 inches are required as well, Also, provide information that shows that facilities and systems of treatment and control are properly operated and maintained. Failure to provide this information constitutes furtber violation of the subject stormwater permit. This information must be hand delivered to the Regional Office at the address provided below within 5 days of receipt of this letter and must include rain gauge data and monitoring records through to the date of your written response to this letter. Your response must include the following: 1. The events that resulted in your non-compliance with the above-mentioned stormwater permit conditions. 2, When. you anticipate being in full compliance with the stormwater permit. Information describing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. Specifically, you must provide the Raleigh Regional Office copies of all monitoring records withizi 5 days of receipt of this notice. This information must T3/10/2008 09:59 9197887159 NCDWQRRC PAGE 06/0,10 Page 5 Bellemont Point Phase II Chatham County include the past 3 months of monitoring records through to the date of your written response to this letter. 3. Evidence that temporary erosion control measures are in place and sediment pond outlet structures are stabilized. Include a detailed implementation schedule with dates explaining when the stream and wetland restoration will be accomplished. This schedule should include a three-year monitoring plan to ensure that the streams and wetlands are restored. It is important that you adhere to this new plan once approved by DWQ and if you make any modifications to it, that DWQ approve them. Finally, please explain how you propose to prevent these problems from reoccurring on future projects. Submit fte uested Items To: Lauren Cobb DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Lauren Cobb at (919) 791-4200. c ely, r //I L 7217 Danny S th Region Supervisor Surface Water Protection Section cc: NPS Assistance and Compliance Oversight Unit DWQ Central Files Cyndi Karah - 401 Oversight and Express Permits Unit RRO - Water Quality piles 03/1012008 09:59 9197887159 NCDWQRRQ PACE 07104 0311012008 09:59 9197887159 NCDWQRRO FAX COVER SHEET .1628 M#fl ServWe Center flab fth, NC 27699-1628 7 Pages, induding cover sheet TO: S-+ E:C. FROM' pWQ FAX: ??`f LA - DATE: - 10 - °$ SUBJECT: -?1.sfYttmb?r?T 1ti1U? MESSAGE: If you do not receive all pages, cell 9119 1.420 or fax back to d ? q - 788 - 7 ? Sy PAGE 011DAD NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AVAND NATURAL RESOURCES NCDENR Releigh Regional Office PLEASE NQTL OUR HON ` CHANGED THE FAX NUMBER REMAINS THE SAME Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com April 8, 2008 S&EC Project No. 6878.W7 Ms. Lauren Witherspoon NCDENR-DWQ Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 Mr. Danny Smith NCDENR-DWQ NPS Assistance and Compliance Oversight 1617 Mail Service Center Raleigh, NC 27699-1617 Reference: Bellmont Point Phase II Notice of Violation Response USACE Action ID 200801124 Chatham County, NC Dear Ms. Witherspoon and Mr. Smith: As requested in your February 26, 2008 Notice of Violation (NOV),.Soil & Environmental Consultants, PA (S&EC) has been engaged by Ricky Spoon Builders to prepare a Sediment Impact Delineation Report and Clean-up Plan for in-stream sedimentation which has occurred within the referenced project site. In addition, further discussions between S&EC, Ricky Spoon Builders, the US Army Corps of Engineers and yourself has led to S&EC preparing this NOV response. Within the February 26, 2008 NOV, the following violations were listed and identified: 1) Removal of Best Usage 2) Failure to Secure a 401 Water Quality Certification 3) Other Waste (In-stream sediment) 4) Wetland Standard Violation 5) Stormwater General Permit - NCG010000 Violation The remainder of this letter will respond to each item individually; the original request will be in italics followed by our response: 1. Documentation depicting all jurisdictional features (e.g. steams and wetlands). A description and quantification of the impacts to those jurisdictional features and your plans to avoid further stream and wetland area impacts on the site. On August 28, 2002, Mr. Todd Tugwell, formerly with the USACE, issued a Notice of Jurisdictional Determination (JD) for the jurisdictional streams and wetlands on the northern portion of the subject property (see Action ID 200221408). This JD expired Bellemont Point Phase II Soil & Environmental Consultants, PA April 8, 2008 Project No. 6878.W7 in August of 2007.. S&EC was engaged by Ricky Spoon Builders to re-verify the previously issued JD, as well as gain USACE confirmation for the stream and wetland. features on the recently added southern portion of the property. On November 20, 2007, S&EC staff completed the wetland and stream delineation for the additional tract of land to the south. During this site visit, S&EC personnel discovered the above referenced violations; namely the stormwater pond identified as "Stormwater Pond 1" and "Sediment Basin "1" in the NOV. Additionally, S&EC staff also noted the sediment discharge in the stream above and below stormwater pond ".l;" the wetlands above pond "1" as well as sediment below basin "1." Since that time, both the USACE and the NC DWQ have been to the site and reviewed the violation areas. The USACE has stated in recent meetings that the "Sediment Basin "1" on "Stream 2" will be allowed to remain in place; however, the activity will need to be permitted. The USACE has also stated that the.sediment pond labeled "1" on "Stream 1" will need to be removed -and the stY•eam channel restored. To this end; S&EC has been engaged by Ricky Spoon Builders to prepare and subinit an after-the-fact application package for the. temporary stream channel impacts to "Strewn 1," the temporary sediment impacts to wetlands associated with "Stream 1" and the permanent and ,temporary stream. impacts to "Stream 2" on the subject property. Me anticipate providing this `information to the NC DWQ and the USACE within the next 60 days. 2. Stream Restoration Plan-Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channels to include the removal of the Storm'water pond, sediment basin, and associated fill. The streambed must be restored -to the original profile and the stream banks must be stabilized. As.:outlined in the previous response, S&EC has been engaged by Ricky Spoon Builders' to provide the NC DWQ and the USACE with a Stream Restoration plan for "Stream 1," and an "after-the-fact" permit request for the stream impacts to "Stream 2." This plan and the "after-the-fact" permit request are currently being developed and will be submitted to both the USACE and the NC DWQ for approval under separate cover within the next 60 days. 3. Stream and Wetland Restoration Plan (sediment impacts) - Sediment impacts to the streams and wetlands onsite and downstream of the site must be removed. As a part of this plan; you should provide the amount (depth) of material that has been deposited in the streams and wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and' wheelbarrows) to remove deposited sediment from the stream channel. The sediment should be removed from the channel, taken to high ground away from the stream Page 2 of 4 Bellemont Point Phase II April 8, 2008 Soil & Environmental Consultants; PA Project No. 6878.W7 channel and stabilized. Also, the plan must address the measures that will be used for temporary stabilizations/sediment control while this work is under way. As discussed previously, S&EC has been engaged by Ricky Spoon Builders to develop a Sediment Delineation and Removal reportfor the stream channel above and below "Stormwater Pond 1," the wetlands associated with "Stream 1" and the stream channel below "Sediment Basin 1." This report is currently being developed and will be submitted to both the USACE and the NC DWQ for approval under separate cover within the next 60 days. 4. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army Corps or Engineers (USACE) for information on the type(s) of permit required. Depending on the type of permits USACE requires, application for a 401 Water Quality Certification to DWQ will also he required. Please note that sediment impacts to streams are not permittable. S&EC has been engaged by Ricky Spoon Builders to prepare and submit an ",after- the-fact" permit request for the "Sediment Basin 1" that is currently within "Stream S&EC will also be preparing an application request for the. temporary stream impacts associated with "Stormwater Pond" within "Stream 1".as well as any . additional proposed impacts for the future development. This application package is currently.being prepared and will be submitted to both the NC DWQ.and the USAGE within the next 60 days. The February 26, 2008 NOV letter also requested additional information with respect to the general stormwater permit (NCG010000). The remainder of this letter will respond to each item individually; the original request will be in italics followed by our response: 1.. The events that resulted in your non-compliance with the above-mentioned stormwater permit conditions. The applicant, Ricky Spoon Builders, engaged a separate.•engineering firm to provide an overall erosion control plan for the proposed development. This plan showed the installation of a temporary sediment basin within "Stream Channel 1" which was subsequently installed as shown on the plans. Those plans were approved by the Division of Land Quality for the installation; therefore the applicant did not think there were any issues relative to the sediment basin with respect to wetland and stream locations. 2. When you anticipate being in full compliance with the stormwater permit. Information describing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. Specifically, you must provide the Raleigh Regional Office copies of all monitoring records within S days of receipt of this notice. This information must include 3 months oj'monitoring records through to the date of your written - , Page 3 of 4 Bellemont Point Phase II April 8, 2008 Soil & Enviromnental Consultants, PA. Project No. 6.878.W7 response to this letter. The applicant has stated that the box that the sediment and erosion control plans, reports and monitoring records were kept in on site was vandalized and removed 'from the property (i.e. stolen).. Therefore, all of the requested data in this letter is unavailable.; Additionally, Ricky Spoon Builders has not received any violations from'the Division of. Land Quality as it relates to the erosion control measures or off--site sedimentation documented in this letter. 3.. Evidence that temporary erosion control measures are in place and sediment pond outlet structures are stabilized. S&EC has been engaged by Ricky Spoon Builders to assist with site stabilization and erosion control measures.. These measures includes silt fences along the streams. and wetlands. in areas where there is currently grading in upland areas as well as monitoring of the sediment basins to prevent further sediment deposition to the stream channel below the basin. Ve.. anticipate--that this. addresses all of the DWQ's concerns. If you have. any further questions or any additional explanation is needed, please don't hesitate to call. Sincerely, ole J. Thomson Regulatory Specialist Cc: Mr. Monte Matthews, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 Ms. Cyndi Kart ly, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Ricky Spoon, Ricky Spoon Builders, 2475 Redbud Road, Pittsboro, NC 27312 Page 4 of 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 i•IAK 1 0h, WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 27, 2008 Regulatory Division Action ID. 200801124 Mr. Ricky Spoon Ricky Spoon Builders 2475 Redbud Road Pittsboro, North Carolina 27312 Dear Mr. Spoon: This refers to a recent site meeting between Mr. Monte Matthews of the U.S Army Corps of Engineers (Corps), and Mr. Sean Clark on December 6, 2007, on property you are developing at the intersection of Hwy 151501 and US 64 Bypass in Pittsboro, Chatham County, North Carolina. The purpose of the site meeting was to verify the presence of jurisdictional waters within recently developed stormwater basins. The December 2007 site visit revealed that.approximately 200-300 linear feet of jurisdictional stream channel had been impacted without a section 404 permit during the construction of 2 stormwater basins. This activity is considered a violation of Section 301 of the Clean Water Act. At the time of the site visit, Mr. Clark indicated that no further work would occur in waters of the U.S. without a DA permit. The Corps agrees that this is a necessary step that would help in the overall remediation process. It is understood that additional impacts may be required for complete construction ofthe subdivision and that these impacts will be addressed during the permitting process. Please provide a formal response to this letter indicating when the violation was completed, the reasons for the violation, the amount of stream channel impacted by the violation, and the remediation steps proposed. Removal of the fill and restoration of the streams or verification of an After-the-Fact permit would act as remediation of the Section 301 violation. Submit your response on or before April 30, 2008, and note that any permit application must include all impacts associated with your project. Please be reminded that no new impacts within wetlands or waters other than restoration of the site can occur on your property until this matter is resolved. Such work, without authorization by a DA permit, may result in referral of this matter to the U.S. Attorney for appropriate action. Please contact Mr. Matthews at telephone (919) 554-4884 ext 30, if you have any questions regarding this letter or the actions required on your part to resolve this violation. Sincerely, C-, c ' Jean B. Manuele Chief, Raleigh Regulatory Field Office Copies Furnished: U.S. Attorney Eastern District of North Carolina Federal Building 310 New Bern Avenue, Suite 800 Raleigh, North Carolina 27601-1461 Mr. Ron Mikulak, Chief Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Cyndi Karoly North Carolina Department of Environment and Natural Resources Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 2 Mr. Justin McCorcle Assistant District Council Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Mr. Sean Clark Soil & Environmental Consultants, Inc. 11010 Raven Ridge Road Raleigh, North Carolina 27614 3 .08 0 9 5 6 500' 0 500' 1000' SCALE: V=500' (Hartz.) LO®E'S 11N DO 111 !"\ ? ?\ J ? /? / , r NP-#4 /I' p /I f 1 ??? 1 1 1 1 1/ i/??, ir? / l/r/?? 1 ? / I I ?. 1\v v? ?I I ?•./\-! ?? ? ? ( /-?- ??/?J X111 I ! i 77 0 ROAD CROSSING IMPACT #1 O 0 \) I / \ ! I !a 1l? I? I ? l ? 11 1 1 `II ?jlll?lll?r .?? i I/l?l! IIII? 111 I?l /111 II I? ?? SEDI * TOTAL EXISTING WETLANDS=± 13,354 S.F ± 0.31 AC. Z ?ZZm Z W?tm O 1 s? Z W > Z om -J L W m ?m -i C) O 5 z h Z F)mZay 0. w 0. II z cc 00j? W H ? W J ??Wa Wa>? M ON NORTH IMPACT TOTALS PERMANENT IMPACTS RIP RAP S.F. 209 STREAM LF 44 STREAM CULVERT S.F. 526 STREAM L F 101 STREAM RCAD FILL S.F. 157 WETLAND AC. 0.004 VVETLAND POND S.F. 137 WETLAND AC. L F. 0.003 101 WETLAND STREAM TEMPORARY IMPACTS PORARY SEDIMENT BASIN TL -F-. 168 STREAM TEM 0 a r m N0 0 0 O 00 O n Z 4 O D _i O Z / Z l / I \ 1 J ?m 1 1 / E / ji ?A 507-,l / 1 Z 0 71,1 e BELLEMONT POINT PITTSBORO, N.C. CROSSING #1 EXISTING CONDITIONS SCALE: V= = 40' Group,.,. LAND PLANNING CIVIL ENGINEERING LAND SUR\/EYING 11000 Regency Parkway, 5u,te 410' Cary, N.C. 275 18 V.- (919) 367-8790 F. (919) 367-8791 1.1 EXISTING STREAM q \\INV.OUT 02.45 \. \.. PERM. ROAD FILL WETLAND IMPA6T=1 S. F. 1 PERM. RIP-RAP \ IMPACT 209 S.F. \ 44 L.F. \ CLASS "1" \ 23"DEPTH \ \1 PERM. CULVERT \ IMPACT= 526 S.F. -REAM IMPACT= 101 L.F., `PROPOSED STORM WATER MANAGEMENT \ 9 POND PROPOSED 8" sti \ WATER MAIN ooo \ PROPOSED \ \ 8" GRAVITY SEWER LOCATION VICINITY 40' 0 40' 80' SCALE: 1"=40' (Horiz.) ROADWAY CROSS SECTION HORIZONTAL SCALE 1"=40' d ? 1-1 ACC\ESS ROAD 11 \ `T PORARY BRIDGE, CR SING NO IMPACT \ \ INV. IN= ? I CROSSING #1 INPACT TOTALS PERK4ANENT IIVPACTS RP4:?AP S.F. 209 STREAM CULVERT S.F. 526 STREAM L F 101 STREAM RCAD FILL S.F. 157 VVETLAND AC. 0.004 WE RAND LEGEND ? PERMANENT RIP-RAP IMPACT PERMANENT CULVERT IMPACT ? PERMANENT ROAD FILL IMPACT U Z } VJ am W Q ZW > a f ,( dm < rh VI J Q n Z?f4 W m ?L 0 Q Q=' 0 > Z a Z w Z ? 0 ? II z 0 J W W m 0 y ? a z ? v o A a y cc V 4ig NORTH 520 518 ???? Z??wm 516 ?(i ZW}_? O W rm Z W sm 514 ????? C? ?Z??? VJ?34 m 512 Z>Z$> QUQ= 510 508 506 504 502 ¦ W -v.10 5DD a z II 498 z c¦ a O r ¦¦ 496 W h ??za W mdyy LOCATION 10+00 11+00 O VICINITY cc ROADWAY CROSS SECTION VERTICAL SCALE 111=4' 40' 0 40' 80' SCALE:1"=40' (Horiz.) NORTH 65'SHOULDER ? 24 E•E I - - RROPASE - - --_-___. RROPOSED GRADE 3:1 MIN. '.GRADE 3:1 MIN. ;PROPOSED ?__8"1rIfATE MAIN PROPOSED -- - ? -8"GRAVI '? - ? SEWER j -?_..____ ?L?fifia12'GAUGECMPCONTEC ____.m__ H H2O OR APPRQyEp.FQUAL---_, ?-___ __-_,__._ ___ _?. -- ? - - @0,57%SLOPE - -- METAL O CONCRETE METAL OR HEADWALLS ?? ? ?- ?---60Nl;RET - - - - ?? , HEADWALLS _. ? __?_ _ - i NY OU7 502:4 _?..__? .-? N , ? tit _. __ _-.-- EXISTING- ---- ?- -- - GRADE `L'F CUSS .__.._„_,....__.dO.LE: PROPOSEp?C JLVER?__ RIPRAP PAD__ _-____ _ PIPE BOTTOM TO BE SET 1' , ? ___.®BELOW EXISTING-DhTCH GRADE- '-- --- ---- i i j o ? o ? ? N u '1 II W O a r w 0 2 0 N' O 0% 0 NN N, N, .\ \\\ \\ \\\ \\ \\ \\ \ \\ \ \ ?i >\ I i I I \ \ \\ \ \\ \ \ \\ \ \\ \ // I f f I i I \ \ / I \ \ \\ \ \ \\ \\ \\ \\ \\ \\ \ \\ \\ / j \ ?\ j I < - -N = I I I i I I I \\ \ \ \\ \\ \\ \ \\ \\ \\ \NN \\ \ \ \ \ \ \ \ \ \ \ / I I I ' I I NN, NN, $ \\ \\ \\ \\ \ \\ \\ \\ \\ \\ \\ \\ NN \ \ \ \\ \ \ \ \\ \ \ \\ \ o \ \ \ \ \ \ \ \ 1 \ \ NC - co 1\ \\ \\ t` t 1 \ 1 \ 1 (a A ? W/ -' 1 1 m 1 1 40 '11, NNN'l ?. INN N IN \'N ! / / / / vv ??\ °\ NN, v N N 'N,`NN, ? N, "N NN 'N ?`\ ( \r.`. i l l 'N NN / I 'vt NN, / `•?? N i I I `00?\N \t0\N? X?. y / / / / I 'NN - I -ems- - / / BELLEMONT POINT Group, 1(IG. o PITTSBORO, N.C.,..,tia m LP.Nt] PLANNING = SEDIMENT POND EXISTING CONDITIONS CIVIL ENGINEErzING LA N I] S U IZ\/ EYI N G SCALE. ?O' 11000 Regen y Parkway. 5uite 410, Cary, N.C. 27518 Voice (919) 367-8790 F. (919) 367-8791 0 N D o r m 0 0 N O 00 0 ? +7 ?Z rnN?-I o \\ \\ \` \ \\ \` \\ \\ \\ \\ ` \ \\ \` \\ \ \\ \\ 11 I I I I \ \ \ \ \ \ \ \ \ \ i / CA) < z 11 CA Alit \ I / / - J-Z m m z -gym - / / / D v G 3 3 ?m?? _- \ D r -- / b -zi m ----- m ° ----- / / / _---_- 0 M ----- ?? / / / i to -------/ i BELLEMONT POINT o PITTSBORO, N.C. = PROPOSED WET POND #6 iMPACT #2 SCALE: 1 " = 40' Group, 1f G. LAN C7 PLANNING CIVIL ENGI NEEKI NG LANG SU2V EYING 1 1000 Regency Parkway, 5uite 410, Cary, N.C. 27518 Voce (919) 367-8790 Fax (919) 367-8791 I 1 II ? I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I r rr i r r I r r r , r 1 r r r , r r r r r r r ? r I r r ? r r r r r r r r r r r r r r r r r I r r r r , I I LOCATION VICINITY 40' 0 40' 80, immomm SCALE: 1"=40' (Horiz.) I 11 1 EXISTING WETLARDS I , 1 TEhSTREAM IMPAL 168 L.F. 1 I \ I I \ I I 1:. } 1 / 1 I '.. ` EXISTING S DIMENT BASIN I I EXISTING CHANNEL TO BE I ?? I REMOVED AND STREAM 1 I I I I CHANNELREPTORED 1 I ? 1 ? 11 I 1 ? , I 1 ? ? 1 11 1 II \ I I I \ 1 I r ? 1 r ? I I I ? 1 I r ? 1 I ? ? 10 000*10-?? I 10 LEGEND CROSSING #3 IMPACT TOTALS TENPORARYIMPACTS TEMPORARY SECIMENT BASIN LF. 168 STREAM 11 1 II II I I I I I I I i EXISTING TREE LINE I 1 1 1 1 TEMPORARY SEDIMENT BASIN IMPACT (STREAM) zzz -m I?Im Z W 'W (? 7 W um L > om ? Qz??LL ? ym L z s? O W m ZJ?0s Q?Q8' JUJ H Z 10011 0 0. Z 0 J J W m v z OIL 0 cc 0 m H L d II ¦. W J y Z Q m z W N 4 NORTH Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com 108 0956 May 23, 2008 S&EC Project No. 6878.D1 Ms. Lauren Witherspoon NC Division of Water Quality Surface Water Protection Unit 2860 Barrett Drive Raleigh, NC 27609 Reference: Bellemont Point Phase II Sediment Impact Delineation Report and Clean-up Plan Chatham County, NC Dear Ms. Witherspoon: Soil & Environmental Consultants, PA (S&EC) has been engaged by Ricky Spoon Builders to prepare a Sediment Impact Delineation Report and Clean-up Plan for stream and wetland buffer sediment impacts which occurred within the referenced project site. These actions are in response to observations made by the Division of Water Quality (DWQ) and the United States Army Corp of Engineers (USACE) as sited in the Notice of Violation (NOV-2008-PC-0140) dated February 22, 2008 and the Cease and Desist Letter (Action ID #200801124) dated March, 27 2008. The purpose of this,letter is to summarize our findings regarding sediment deposition that has occurred onsite and describe in detail our plan for its clean-up and proper disposal. Site Description The project site is located south of Highway 64 and east of Highway 15-501 in Pittsboro, NC. A vicinity map is shown on Sheet 1. Field Efforts and Onsite Observations Our observations and evaluations were focused on sediment deposition within a portion of previously delineated site, streams, and buffers (non-regulated). These areas were impacted by sedimentation from site grading operations of upland areas. S&EC Bellemont Point May 23, 2008 Soil & Environmental Consultants, PA Project No. 6878.D1 performed an onsite inspection on April 3, 2008. While onsite we observed the characteristics of the site (including current grading and stabilization operations), the surrounding area, verified surface and channel flow conditions, observed wetland, stream, and buffer sediment deposition, and existing property boundaries. During our site visits, the impacted areas were traversed and the extent and severity of the impacts was observed. While onsite, we identified, delineated (with sequentially lettered and numbered flags), and GPS located the approximate boundaries of the flagged sediment impacts. From our site observations, sediment appears to have entered the impacted wetlands, streams and buffers by the following primary means: 1) at various locations onsite where existing Erosion and Sedimentation (E&S) devices were overwhelmed, and 2) a lack of vegetative cover. A total of 0.24 acres (10,477 square feet) of Category 1 and 0.023 acres (1022.21 square feet) of Category 2 impacts were observed. This sediment deposition varied from a skim layer up to thicknesses of approximately twelve (12) inches. Areas of sediment accumulation in the streams, buffers, and wetlands were flagged in the field and are shown on the attached site maps (Sheets 1 through 6). Photos representative of our observations are also provided for reference. Observed Sediment Deposition Sediment deposition observed onsite varies considerably within the wetlands, streams, and buffers. For ease of evaluations we have divided observed sediment impacts into one of two categories: Category 1- Sediment deposition in excess of approximately two (2) inches in thickness which will require removal and proper disposal. Category 2 - Sediment deposition less than approximately two (2) inches in thickness which will remain in place. NOTE: Based on experience with similar sediment deposition and subsequent clean-up operations, it is our opinion that deposition layers less than approximately two (2) inches in thickness should remain in place. Clean-up of thin layers can result in damage to the underlying soils which will exceed the temporary nature of localized thin layered deposition. These impacted areas have been identified on the attached maps (Sheets 1 through 6). Proposed Clean-up Operations This clean-up plan has been prepared for the sole purpose of providing a systematic approach to remove and/or stabilize in place sediment deposited into the wetland, stream, and buffers. Page 2 of 4 Bellemont Point Soil & Environmental Consultants, PA May 23, 2008 Project No. 6878.D 1 Based on our site observations and experience with similar projects, S&EC proposes the following steps be performed to remove the existing sediment impacts onsite and reduce the potential for future sediment impacts: Step 1 Repair. as necessary and augment existing site Erosion and Sediment (E&S) control measures including silt fence, existing sediment traps, sediment basins, and temporary stabilization. measures. All additional E&S control measures and repairs should be performed / installed in accordance with NCDENR approved standards and the approved Erosion and Sediment Control Plan (by others). Temporary and permanent seeding measures should be applied at the earliest opportunity across exposed (non-actively graded) portions of the site. All existing and new E&S devices should be inspected and cleaned out (sediment removed from upstream of the devices) as required. Typically the frequency of inspection is weekly, and after each rainfall event of 0.5 inches (or greater). Step 2 To the extent, required by DWQ, manually remove excess sediment in the wetlands (Category 1) as identified on the plan sheets. Sediment will be excavated to a depth that reaches the approximate natural grade (as determined by S&EC personnel). All wetland excavation will be performed by hand. Excavation will be performed with manual labor using shovels (flat head or "sharp shooter") and 5 gallon buckets. Caution will be applied so as not to disturb the original wetland surface. Existing easements or site trails and roads will be used for vehicular and mechanized equipment access to assist in mass sediment removal. Where heavy equipment is used every effort will be made to reduce the impact to the existing vegetation. No thinning or clearing of vegetation will be performed. Delineated wetland areas will not be trafficked with motorized equipment to perform clean-up operations. Recovered sediment will be transported away from any channel, wetland, or ponds and disposed of properly (in accordance with State and local regulations). Step 3 Impacted wetland areas onsite will be seeded with a native wetland seed mix following clean-up. The seed mix should include a minimum of four species with a wetland indicator status of FAC, FACW or OBL. Species may include but are not limited to: • Virginia Wild Rye (Elynms virginicus) Page 3 of 4 Bellemont Point May 23, 2008 Sofl & Environmental Consultants, PA Project No. 6878.D1 • Soft Rush (Juncus effusus) • Sedge (Carex lurida, lupulina, or vulpinoidea) • Woolgrass (Scirpus cyperinus) • Cardinal Flower (Lobelia cardinalis) • Lizard's Tail (Saururus cernuus) Acceptable wetland/ buffer seed mixes are commercially available that include many more buffer species and are designed for specific site situations. Preference should be given to southeastern seed sources and/or NC ecotype seeds in order to ensure seeds are adapted to the local climate. Seed should be applied at a rate of 15 pounds per acre (or as directed by the seed supplier) and covered with light straw mulch. Implementation Schedule Clean-up and stabilization work should be executed immediately following the review and approval of this plan by the USACE and DWQ. Based on experience with similar projects, we anticipate the clean-up work can be completed (barring any inclement weather) within 60 days of the approval of this plan. A notification should be submitted to DWQ and the USACE following the completion of site work. Please contact me if you have any questions or comments regarding these recommendations. Sincerely, SOIL & ENVIRO Rebecca S. Peterson, P.1 N.C. License No. 31266 Attachments: Site Maps - (Sheets 1 through 6) Site Photos (1 through 11) 0-" v I ?) I! David M. Gainey Environmental Specialist Cc: Mr. Ricky Spoon, 2475 Redbud Rd, Pittsboro, NC 27312 Mr. Monte Matthews, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC, 27587 TANTS, PA Page 4 of 4 Sediment Impact Photos .l Ati 4 3?? .t 1 Photo 1-Impact Area I-Basin 2 t Photo 2-Impact Area I-Category 1 Impacts-Downstream of Basin 2 Bellemont Point-Sediment Clean-up Plan Soil & Environmental Consultants, PA May 2008 S&EC Job # 6878.D1 Sediment Impact Photos rt : H ° t O W I Yfi a 4 + " ? )K A ., .i w Ik `` ?? J' '` AT r ?, } f ( 1 + • .. Photo 3-Impact Area 1-Basin 3 ?r _ 1/ Tf - -ta Photo 4-Impact Area 2-Category 1 Impacts (Typical), Deposition Typically in Excess of 2-inches, Looking Downstream To Basin 1 Bellemont Point-Sediment Clean-up Plan Soil & Environmental Consultants, PA May 2008 S&EC Job # 6878.D1 Sediment Impact Photos Photo 5-Impact Area 2-Basin 1 Photo 6-Impact Area 2-Category 1 Impacts (Typical), Deposition Typically in Excess of 2-inches, Downstream of Basin 1 Bellemont Point-Sediment Clean-up Plan Soil & Environmental Consultants, PA May 2008 S&EC Job # 6878.1) 1 Sediment Impact Photos Bellemont Point-Sediment Clean-up Plan Soil & Environmental Consultants, PA May 2008 S&EC Job # 6878.D1 Photo 7-Impact Area 3-Category 1 Impacts, Point of Entry of Sedi- ment into Stream Photo 8-Impact Area 3-Category 1 Impact Area (Typical), Heavy Deposition Typically in Excess of 2-inches in Thickness Sediment Impact Photos Photo 9-Impact Area 3-Pond 1 R•r a Y .7 r ? 4 rt ? ? ?,". ,,? c i a Photo 10-Impact Area 3-Category 1 Impacts (Typical), Downstream Culvert of Pond 1 Bellemont Point-Sediment Clean-up Plan Soil & Environmental Consultants, PA May 2008 S&EC Job # 6878.D1 Sediment Impact Photos . "ci s. a ) f fr '` a . . _ y 4.?91, 01 1 l JIY1W?'. ,.f '.r ` ? 4 '? C All • - aJ? c = >, e 1. +.Y ? . 1 w ? , 1•? x Y..y 4?_ . fir..\a ?l 1-?y F A -4 "?..?7? lk -a ca 'j- N.(ry r ? r _ ?` 1 ` r x " t I ? r j Photo 11-Impact Area 3-Category 2 Impacts (Typical), Thin Layered Deposition Typically Less Than 2-inches in Thickness Bellemont Point-Sediment Clean-up Plan Soil & Environmental Consultants, PA May 2008 S&EC Job # 6878.D1 VICINITY MAP (PITT5B0R0 * BYNUM QUADRANGLES) NOT TO SCALE ENVIRONMENTAL DE51GN FIRM: 501L * ENVIRONMENTAL CONSULTANTS, PA 11010 Raven Ridge Road Raleigh, North Carolina 27G 14 (919) 64G-5900 PREPARED FOR: @-2-31--t BELLEMONT POINT Ricky 5poon Builders 2475 Redbud Road n Pittaboro, NC 27312 CLEAN-UP PLAN CHATHAM COUNT'. NC CONTENTS: . COVER, CONTENTS, VICINITY MAP 2. OVERALL 51TE PLAN INDEX SHEET 3. I N PACT AREA 1 4. 1 M PACT AREA 2 5. IMPACT AREA 3 G. ER0510N CONTROL DETAILS :E Z _3g 3 C9 ?pz O z? X00 0 A3 u L L J1 ((1 N IL K Q O ?rr 9 Z Zz 0 U Og 0 > b} z W LLJW z z LLl U 0 m ?..0 oa?w z °am0 0 o=r ? ?uNO a ?T Y. Iw? b 0 U U ?' E tlN U z Om qW W? m ?d rile: S-Vob54-6k\6151tl.U I\Urawm 5U.on5tructioo Urawln 5.dw N N DRAWINGS PRINTED EXISTING STREAM CHANNEL ? PROPERTY BOUNDARY rn ' `T M e \ L f- S C e `L CATEGORY I CATEGORY 2 SEDIMENT IMPACTS SEDIMENT IMPACTS J Q !? h ` o. tr N NORTH D SCALE I" = 100' 100 50 0 100 \??I\^?11-/ 1 I A11 :?_ I" y,y Y \ CONTOUR INTERVAL = 2' --s _-------- o- ,\ e . \\ \ \\ I \\ . `?\\ \ /' /' ?? 1 A A\ . 1 > / 70 rn r ? \ r-n PAt IA' I ,/ / \\ I /Y/ / 1' ' 1 1? it f 1 \ ?l 1 \ I I , ?,' \\\ I 1 I % Ill Il 1t-, , i/ ? / ? vv I ' I a l • ?I ? ? .1 // v ?? \ 1,,, 1'11111 t;? i 1 1 I I "? \ 1 / 1 ! r 1 \ I I i I ; ! \ 1, ' I I I , r 1 i 111, ?` 111?,'11t s / I // / / i I '1 'Ij11 I ,l NOTES: I . SITE DATA INCLUDING ROADS, STREAMS, CONTOURS, UTILITIES, AND CHANNEL IMPACTS PROVIDED BY THE CE GROUP, INC. OF CARY, NC. --- 4f 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE i \ \ 1 FEATURES ARE APPROXIMATE. _ _ ' 'r I' ' ', • ='I ` ' I \ 3. SEDIMENT IMPACTS FLAGGED AND GPS DATA COLLECTED ON APRIL 3, 2008, BY SPEC. ALL LOCATIONS ARE 11 I• 1 1 \ APPROXIMATE.;: Project: Project No.: 13ELLEMONT POINT 6878.D1 CLEAN-UP PLAN Prod. Mgr.: Drawn: Soil & Environmental Consultants, PA Re: NMM Location: CIVC Scale: 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 CtIATIAM CO., NC RICKY SPOON BUILDERS " = 100' _.SandEC.com Sheet Title: Sheet No.: OVERALL 51TE PLAN f- INDEX SHEET 2 OF G 10 IP, DRAWINGS PRINTED ?-------- AT HALF- SCALE . . . N I ?' I \ \ \ \ \ \ \ i I I I I i Property ?t? / ?/ ?,-------------\ Boundary y'A <\ ®\ s?,y ` \? ` \\ 'sue I \?° `\ \\ \\ I ?, \ \ \ i `\ \ \ ?S^? I Existing ®, \ / \ \ \\ Sediment Basin I / c \\? , Existing 14 \4 . NOTES: SITE DATA INCLUDING ROADS, STREAMS, CONTOURS, UTILITIES, AND CHANNEL IMPACTS PROVIDED BY THE CE GROUP, INC. OF CARY, NC. 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES ARE APPROXIMATE. 3. SEDIMENT IMPACTS FLAGGED AND GPS DATA COLLECTED ON APRIL 3, 2005,13Y S#-EC. ALL LOCATIONS ARE APPROXIMATE. 4. CATEGORY I BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED PIN FLAGS (#GOO-G29) 5. CATEGORY 2 BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED PIN FLAGS (#GO8, G22-G23) EXISTING STREAM CHANNEL 1:1 2' CONTOURS REVISED SILT FENCE / PROPERTY BOUNDARY -5F- OCR NO5NALLATION OR REPAIRS) CATEGORY I CATEGORY 2 SEDIMENT IMPACTS ® SEDIMENT IMPACTS Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.eom / 'ro?ect: Project No.: BELLEMONT POINT 6876.1)1 CLEAN-UP PLAN Prod. Mgr.: Drawl K5P NMI _ocabon: Chent. Scale: CHAT JAM CO., NC RICKY SPOON BUILDERS 1 20 Sheet Title: Sheet No.: IMPACT AREA 1 3 OF G Sediment ?- Basin / / / / / Category / - Sediment deposition in excess of approximately two (2) Inches In thickness which will require removal and proper disposal. Category 2 - Sediment dep051tion Ie55 than approximately two (2) Inches in thlckne55 which will remain in place. DRAWINGS PRINTED AT HALF- SCALE 0 NORTH SCALE I" = 15' 5 7.5 0 CONTOUR INTERVAL = 2' . \ EXISTING STREAM CHANNEL El PROPERTY BOUNDARY ` ` \\\\ CATEGORY I SEDIMENT IMPACTS l . \ \ I ? -D / / s / r / I NOTE5: SITE DATA INCLUDING ROADS, STREAMS, CONTOURS, UTILITIES, AND CHANNEL IMPACTS PROVIDED DY THE CE GROUP, INC. OF CARY, NC. 2. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES ARE APPROXIMATE. 3. SEDIMENT IMPACTS FLAGGED AND GP5 DATA COLLECTED ON APRIL 3, 2008, BY S*EC. ALL LOCATIONS ARE APPROXIMATE. 4. CATEGORY 15OUNDARIE5 MARKED WITH SEQUENTIALLY NUMBERED PIN FLAGS (#400-413, 500-510) © 2005 5oil # Environmental Con5ultant5, PA. `1 , SF , 1 Exl5ting 1 ma4 ^5"? Sediment 1 1 Basin r ?1 ? 1 ??`Sf'SP O \ 111 1. ' r 1 9 ? 111 r \ 1R 11 s, \5° ? p 1 1 t t \? I \S \sF \sF 11 \ SA\ 5f 11 1 0 / 41- r \\ ?SF r Category / - Sediment deposition in excess of approximately two (2) Inches In thickness which will re?ulre removal and proper disposal 5F 5" ?.. 51 _ Sf \ \ ,- qfs NSF \\\ , , J 9F At M PACT AREA 2 zz og z Z? 0Z wW mu 1 I I I I 1 1 I I I w m Z 0 0 N Y U U 0 LL 0 V N w K Q U IL 2 I ae 11 Od UG .a a [j U? ?z m 41 i ?d 2' CONTOURS REVISED SILT FENCE LOCATION (FOR OR REPAIRS) ?TION 0 N 0 co D KAWI N GS F KI NTE D N 0 Fn AT HALE- SCALE v 1 1 1 o } l LP I I N C W N NORTH I -o I , D SCALE I" = 25' ?.? 25 12.5 O 25 CONTOUR INTERVAL = 2' l / / Jr / J I i /a I 1 ,? I 1 11 I I J I 1 I 1 I 1 ' 1 1 I ; I r I r 1 I 1 / 1 it I l 1 / F-n ; , I 1 , r 1 1 / ? I 1 1 r 1 r r I / r 1 r 1 I 1 1 r r r 1 I 1 /? I 1 / I 1 r I I 1 1 I l I I 1 1 ! 1 I l I I 1 1 1 1 / I I I I I 1 1 I 1 I I I i 1 1 I I I I I 1 I I I I i I I I I 1 , I I I I 1 , 1 I I I I 1 1 I I l f 1 / I I 1 1 I ? 1 ! ! 1 l rl ? i 1 I ! r ! 1 D n EXISTING 2' CONTOURS STREAM CHANNEL r PROPERTY BOUNDARY -5F- CATEGORY I SEDIMENT IMPACTS REVISED SILT FENCE LOCATION ORR REPAIRS) ATION CATEGORY 2 SEDIMENT IMPACTS } 1 I Category / - Sediment depo5ltlon in exce55 of approximately two (2) Inches in thickness which will require removal and proper d15p05al. Category 2 - Sediment dep05ltlon Ie55 than approximately two (2) Inches In thickness which will remain in glace. t S ? ? 1 ? ? 1 t 1 1 I ? 1 1 1 I 1 it 11 tl 1 ? 1 1 1 1 1 , 11 ? 1 1 1 1 11 \ >, 11 11 ® ? ® 1 ? l 1 ' 1 1 i 1 1 ? I 1 I I I 1 ? ?xlsting I I Sediment I Basin 11 1` I ? 1 ?\ 11 i ,4 ti I, 1 1 I I i ` / 4 X11 ?? •1 / i pa- yi, r 1 ? I '1 ? I I I ti f 1 I ? 11 ly / ? I 1 t i ? 1 I I 1 ? ,ITE DATA INCLUDING ROADS, STREAMS, CONTOURS, UTILITIES, ND CHANNEL IMPACTS PROVIDED BY THE CE GROUP, INC. OF ARY, NC. DCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL SITE FEATURES RE APPROXIMATE. EDIMENT IMPACTS FLAGGED AND GPS DATA COLLECTED ON APRIL 2006, BY 5> EC. ALL LOCATIONS ARE APPROXIMATE. ATEGOKY I BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED N FLAGS (# 1 -22, 100-122, 200-213, 300-309) ATEGOKY 2 BOUNDARY MARKED WITH SEQUENTIALLY NUMBERED N FLAGS (#213-222, 310-31 5) Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 vmv.SandRCcom BELLEMONT POINT CLEAN-UP PLAN ICHATHAM CO.. NC I RICKY SPOON BUILDERS I I - 9, 1 I M PACT AREA 3 5 0FG I I I I 1 I I I r ?I 1 1 1 1 1 1 I I I I i I I I ca I TEMPORARY SEEDING SPECIFICATIONS GENERAL AREAS WHERE NO SUBSTANTIAL OR SIGNIFICANT PROGRESS 15 MADE FOR MORE THAN 14 DAYS SHOULD BE TEMPORARILY SEEDED AS FOLLOWS. ALL AREAS SHOULD BE SEEDED AND MULCHED. INCIDENTAL GRADING SHALL NOT CONSTITUTE SUBSTANTIAL OR SIGNIFICANT PROGRESS IN CONSTRUCTION ACTIVITY. SEEDING AND MULCHING SHALL BE DONE IMMEDIATELY FOLLOWING CONSTRUCTION. ALL D15TUR5ED AREAS SHALL BE DU55ED TO A DEPTH OF 8 INCHES. THE TOP 3 INCHES SHALL BE PULVERIZED TO PROVIDE A UNIFORM SEEDBED. MULCH MULCHING SHALL CON515TE OF SMALL GRAIN STRAW APPLIED AT A RATE OF 70 L55./1000 5G. FT. NO ASPHALT SHALL BE USED FOR TACKING. USE JUTE, EXCELSIOR MATTING OR SIMILAR MATERIAL TO COVER EXPOSED AREAS OF CONCENTRATED FLOW. SEEDING SEEDING DATES MAY I - AUG. 15 AUG. 15 - MAY I GERMAN MILLET RYE (GRAIN) RATE (L[35/ACRE) 10 30 MAINTENANCE INSPECT AND REPAIR MULCH FREQUENTLY. REFEKTILIZE AND RESEED AS REQUIRED TO MAINTAIN VIGOROUS TEMPORARY VEGETATIVE COVER DURING CONSTRUCTION. MIN. 12-1/2 GAUGE INTERMEDIATE WIRES MIN. 10 GAUGE LINE WIRES PROFILE VIEW 12" ECO-STAKE 0 ff„ O-STAKED • TRENCHED TOP OF MATTING TO A DEPTH OF AT LEAST 12", STAKE OR STAPLE IN PLACE, 4, BACKFILL TO DESIGN GRADE 0 m 0 N • MINIMUM 24" ECO-STAKE50 INSTALLED ALONG TOE OF MATTING (Intercept between water surface and bank) STEEL P05T EVEN WIRE FABRIC LT FENCE FABRIC ZADE G" MIN. COVER OVER SKIRT ANCHOR SKIRT AS DIRECTED BY ENGINEER/DE5IGNER STANDARD TEMPORARY SILT FENCE DETAIL (NOT TO SCALE) NOTE: ALL D15TURBED AREAS TO BE SEEDED WITH WETLAND/BUFFER SEED MIX, BANKFULL BENCH 24" FRONT VIEW CO-STAKE 0 MINIMUM 2' CENTERS ALONG BOTTOM . 12" ECO-5TAKE50 INSTALLED IN BANK FLUSH WITH COIR MATTING ABOVE • MINIMUM P OVERLAP AT JOINING BOTTOM ROW OF 24" ECO-STAKES 0 SECTIONS OF COIR MATTING • ECO-STAKESO SPACED AT MAXIMUM 3' CENTERS(APPROX.) COIR MATTING DETAIL (NOT TO SCALE) 3' BOTH 3' BOTH DIRECTIONS DIRECTIONS WIRE STAPLES EROSION `'? CONTROL i J?\f?\ \ ?\ MATTING ?t?/?/?? EROSION CONTROL MATTING, ANCHOR IN TRENCH @ BOTH TOP AND BOTTOM EDGES NO. , ? I"MIN. GAUGE STEEL f G" jMIN. I WIRE STAPLE EROSION CONTROL MATTING ANCHORING DETAIL DETAIL (NOT TO SCALE) (NOT TO SCALE) u 11- 0 u w- o N J F- m Q ZZ 0 g o 0 o D z F 0 :? z z u 0 ?W Z z WU 0?0 oL 0 N, v W a ?P ?V?yyl tl ?u U= a ?. a N M h U ?z ?A ???yy a a •nl W O o y? © 2008 Soil ? Environmental Consultants, PA. E 80510 N CONTROL D ETAI L5 11 910F VIFVV FRONT VIEW