20081723 Ver 1_401 Application_20081108

WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
TO: NC-Division of Water Quality
2321 Crabtree Boulevard
Raleigh, NC 27604
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
® Attached via
? Prints
? Change order
I,,.IL.II II I'?? <<>>II? II ? ?? '? ?E ill II II/??LI
DATE 11/19/08 JOB NO. 2060096.21
ATTENTION Ms. Cyndi Karoly
PHONE #
RE: Horse Pen Creek Sewer & Water EXDansion
Courier
? Plans
? Diskette
_ the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
7 Request for 404/401 Certification
1 Check
r-\ W7

E5
JD?
- NOV 1 9 2008
UALIi i
v??r?gyp9, ANO STORM?'A
THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted ? Resubmit
? For your use ? Approved as noted ? Submit
? As requested ? Returned for corrections ? Return
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: file
copies for approval
copies for distribution
corrected prints
SIGNED: Todd Preuni
if enclosures are not as noted, kindly notify as at once.
HORSE PEN CREEK
SEWER AND WATER EXPANS/ON
Horsepen Creek Road and Four Farms Road
Greensboro, Guilford County, North Carolina
ID k
???? ? ? BOOR
V.'??y0? pclp ?
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
WITHERS L1? RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
November 15, 2oo8
US Army Corps of Engineers
Attn: Mr. Andy Williams
3331 Heritage Trade Dr, Suite 105
Wake Forest, NC 27587
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604
Re: Horse Pen Creek Sewer and Water Expansion
Request for 404/401 Certification
W&R Project Number- 2o6oo96.21
Dear Mr. Williams and Ms. Karoly:
On behalf of the City of Greensboro, we are requesting authorization from the USACE
to use NWP 12 and NWP 18 for the construction of a sanitary sewer line. We are also
requesting 401-Certification from the NC-DWQ for the impacts to jurisdictional waters
and wetlands.
The proposed corridor is approximately 11,949 linear feet in length and is located
southwest of the intersection of Horse Pen Creek Road (previously SR 8182) and Four
Farms Road (previously SR 4324)• Latitude: 36.1392697°N and Longitude:
79.8748468°W in Greensboro, Guilford County, North Carolina (Figure 1). The site
contains unnamed tributaries to Horsepen Creek and is located in the Cape Fear River
Basin. The Water Quality Classification for these features is: WS-III; NSW, the
Cataloging Unit for this site is: 0303002, and the Stream Index number is:16-11-5-
(0.5)
Project History/Purpose and Need
Prior to design the applicant requested a detailed wetland delineation be completed
so impacts to wetlands and `waters' can be minimized. Wetlands were delineated by
Withers & Ravenel during June 2oo8. A site meeting was conducted with Mr. Andy
Williams, of the USACE on September 9, 2oo8. Mr. Williams agreed with our
delineation. JD forms in support of the delineation are included with the attachments.
• The City of Greensboro annexed the areas shown on the attached maps on July 1,
• 2oo8. As a condition of annexation (NC General Statute 16oA-35), a municipality is
• required to provide all municipal services to the annexed area including the
extensions of public utility services (e.g. water, sewer, garbage service). A copy of this
• statute is included with the attachments. The proposed sewer consists of 8-inch and
• 12-inch lines and will ultimately be treated at the North Buffalo Wastewater Treatment
• Plant. Please note, the purpose of this sewer line is not to serve a new development,
but will serve existing homes and businesses as well as the remainder of the annexed
• a rea.
n
L-j
• ill MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
• 7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: 91o.842.8o19
0
Proposed Impacts
The proposed temporary impacts include o.o86 acres of jurisdictional wetlands and
123 linear feet of perennial channel (66 LF temporary, 57 LF permanent). The
permanent stream impacts are necessary to allow for maintenance vehicles to access
the line and for access in the event of a line breakage or blockage. The access
corridor is limited to 15 feet at the stream crossings and will consist of pulling the
banks back to a 3:1 slope and placing rip-rap below the invert of the stream, to allow
for aquatic life passage (details are included with the attachments). Following
construction, all wetland areas will be returned to pre-construction contours and re-
seeded with a wetland seed mix. With the exception of the permanently maintained
15-foot wide corridor, stream crossings will also be returned to pre-construction
contours. The impacts are summarized on the overall impact map as well as the PCN
form. Please note that although some wetland areas on the map are marked as
permanent impacts, this is only for the purpose of determining whether mitigation will
be required. These areas will be returned to preconstruction contours, but will result
in the conversion of forested wetlands to herbaceous wetlands, due to periodic
mowing. Mitigation is typically required if greater than o.1 acres of forested wetland
are converted to emergent wetlands.
Avoidance and Minimization
The original alignment proposed 5 stream crossings, but by revising the original
planned sewer routing along the southern section and by utilizing an aerial crossing in
the northern section of the project, the number of stream crossings was reduced to 3.
Impacts were further minimized by crossing channels at a nearly perpendicular angle.
In addition, the majority of the line was kept outside the 50-foot stream and wetlands
buffer established by 15A NCAC SUBCHAPTER 02T for waters classified as WS-111. The
impacts identified on sheet 2 were dictated by the location of an existing pond dam.
Construction encroachment into this dam embankment could jeopardize the stability
resulting in a dam safety issue. In addition, maintenance access requirements by the
City of Greensboro would not permit this. In addition, the impacts on sheet 2 were
unavoidable due to the requirement to tie into an existing manhole. Finally, impacts
at sheet 2 were also reduced by eliminating the temporary construction corridor in this
area. Attempts were made to minimize wetland impacts on sheet 4, by crossing at the
narrowest point, however, the presence of an old dam, just south of the crossing,
limited placement of the sewer in this location. We examined the possibility of
trenchless construction using bore and jack at both the stream and wetland crossings.
Using a bore and jack below the water table raises concern about future subsistence
when the casing pipe rusts through but grouting the annulus to prevent this
significantly complicates any future repair. Moreover, we felt that there would be more
land disturbing activity associated with the use of a bore and jack rig (i.e. bore pits
and waste areas), and that the potential for sediment loss was greater than just
trenching the crossing in the dry and laying the pipe in the trench. Coffer dams and
pumps will be used so that work can be done in the dry. These impacts are accounted
for in our application and a detail for this work is included with the attachments.
Horse Pen Creek Sewer & Water Expansion
Greensboro, Guilford County, NC
W&R Project #02060096.21
November 18, 2008
Page 2
Indirect and Cumulative Impact Analysis - DWQ
We do not believe that this project will lead to additional development that will impact
downstream water quality. The purpose of this project is to provide existing homes
with water and sewer and is not driven by development but rather by the annexation
requirements placed on the City of Greensboro. The City is a delegated Phase II
community; therefore, any future development that might occur in this area will be
required to comply with the current NC-DWQ Stormwater guidelines. Additionally
because this site is located in a water supply watershed, the City will require a 50-foot
buffer on either side of the stream channels, further reducing the risk of impacts to
water quality.
Mitigation
As per a recent conversation with Mr. Andy Williams, because the proposed
`permanent' impacts (i.e. areas converted from forested wetland to herbaceous) are
less than o.1 acres, and because all crossings will be returned to pre-construction
contours, mitigation will not be required for this project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &7 RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quadrangle Map
5) Guilford County Soil Survey Map
6) Crossing Details
7) Details for cofferdam installation
8) NC General Statute 16oA-35
Horse Pen Creek Sewer & Water Expansion
Greensboro, Guilford County, NC
W&R Project #02060096.21
November 18, 2008
Page 3
PRE-CONSTRUCTION NOTIFICATION FORM
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 8_ 1 7 2 3
(If any particular item is not applicable to this project, please enter "Not Applrcante° or °N/A .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12, 18
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- r., 0V 114 II. Applicant Information ilRi NOV 1 9 2008
1. Owner/Applicant Information
Name: City of Greensboro Attention: Tony Kozuch u ?-w,l?rE?cua?i??
;?,'?Tl?1,Y2? APED SvnRr??n???Fh ?R?NCti
Mailing Address: P.O. Box 3136
Greensboro, NC 27402-3136
Telephone Number: 336-373-2960 Fax Number: 336-373-2338
E-mail Address: Tony.KuzochaGreensboro-NC..gov
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: Todd Preunin$er
Company Affiliation: Withers & Ravenel
Mailing Address: 111 Mackenan Drive
Cary NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: Tpreuningergwithersravenel.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: Horse Pen Creek Sewer Expansion
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
• 3. Property Identification Number (Tax PIN): 00-03-0175-0-0834-5-019. 00-03-0173-0-0834-
N-024 00-03-0175-0-0834-S-005 00-03-0175-0-0834-S-004 13-11-0694-0-0857-00-050,
00-03-0173-0-0834-N-015 00-03-0173-0-0835-00-095 13-11-0694-0-0857-00-048, 00-11-
0694-0-0857-00-033
4. Location
County: Guilford Nearest Town: Greensboro
Subdivision name (include phase/lot number): NA
• Directions to site (include road numbers/names, landmarks, etc.): The site is located south
. west of the intersection of Horse Pen Creek Road (SR 8182) and Four Farms Road (SR 4324)
in Greensboro. NC.
• 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): 36.1392697 ON 79.8748468 °W
• 6. Property size (acres): Linear Project: - 11,949 Linear Feet
7. Name of nearest receiving body of water: Horsepen Creek
8. River Basin: Cape Fear River Basin
• (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/mVs/.)
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 existing land use surrounding the proposed sewer line
• Page 2 of 10

includes mini-farm estates, residential housing` pastures, forested land, and athletic fields.
See Figure 3 (Aerial Photograph) included in the attachments.
10. Describe the overall project in detail, including the type of equipment to be used: This
project includes the installation of a sanitary sewer line approximately 11,949' in length.
peer reaches of the proposed alignment will be 8" line and approximately the last 1,700'
• will be 12" line. The proposed line will tie into an existing line which terminates at the
• North Buffalo Treatment Facility. Large excavation equipment i.e. trackhoe) will be
utilized to clear the easement and install the sewer line.
11. Explain the purpose of the proposed work: The City of Greensboro annexed the areas shown
• on the attached mates on July 1, 2008. As a condition of annexation (NC General Statute
160A-35), a municipality is required to provide all municipal services to the annexed area
including the extensions of public utility services (e.g. water, sewer, garbage service) . A
copy of this statute is included with the attachments. The proposed sewer consists of 8-inch
• and 12-inch lines and will ultimately be treated at the North Buffalo Wastewater Treatment
Plant. Please note, the purpose of this sewer line is not to serve a new development, but will
serve existing homes and businesses as well as the remainder of the annexed area.
• 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. Wetlands were delineated by Withers & Ravenel during June 2008. A
site meeting was conducted with the USACE on September 9 2008 to confirm the wetland
delineation.
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 sewer expansions are anticipated at this time The proposed line completes the sewer
expansion along Horse Pen Creek Road.
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,
• Page 3 of 10
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.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
•
0
0
0
•
•
0
0
0
0
1. Provide a written description of the proposed impacts: The proposed temporary impacts
include 0.086 acres of iurisdictional wetlands and 123 linear feet of perennial channel (66
LF temporary, 57 LF permanent). The permanent stream impacts are necessary to allow
for maintenance vehicles to access the line and for access in the event of a line breakage
or blockage. The access corridor is limited to 15 feet at the stream crossings and will
consist of pulling the banks back to a 3:1 slope and placing rip-rap below the invert of the
stream, to allow for aquatic life passage (details are included with the attachments).
Following construction, all wetland areas will be returned to pre-construction contours
and re-seeded with a wetland seed mix. With the exception of the permanently
maintained 15-foot wide corridor, stream crossings will also be returned to pre-
construction contours. Please note that although some wetland areas on the map are
marked as permanent impacts, this is only for the purpose of determining, whether
mitigation will be required. These areas will be returned to preconstruction contours, but
will result in the conversion of forested wetlands to herbaceous wetlands, due to periodic
mowing. Mitigation is typically required if greater than 0.1 acres of forested wetland are
converted to emergent wetlands.
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.
Temporary Wetland Impact
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, I00-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
T1 (Sheet 3) Temporary Forested Yes Abutting 0.007
T2 (Sheet 3) Temporary Forested Yes Abutting 0.001
T5 (Sheet 4) Temporary Forested Yes Abutting 0.010
T6 (Sheet 4) Temporary Forested Yes Abutting 0.027
T7 (Sheet 4) Temporary Forested Yes Abutting 0.004
T9 (Sheet 4) Temporary Forested Yes Abutting 0.0004
Total Wetland Impact (acres) 0.049
Page 4 of 10
Permanent Wetland Imnact (i_e_ within maintained easement- but returned to contour)
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
PI (Sheet 2) Temporary Forested Yes Abutting 0.003
P2 (Sheet 2) Temporary Forested Yes Abutting 0.0007
P3 (Sheet 3) Temporary Forested Yes Abutting 0.014
P5 (Sheet 4) Temporary Forested Yes Abutting 0.004
P7 (Sheet 4) Temporary Forested Yes Abutting 0.015
Total Wetland Impact (acres) 0.0367
3. List the total acreage (estimated) of all existing wetlands on the property: NA Linear Project
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.
Temporary Stream Impact
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)
T3 (Sheet 3) UT to Horsepen Temporary Perennial 2' 9' 0.0004
Creek
T4 (Sheet 3) UT to Horsepen Temporary Perennial 2 5' 0.0002
Creek
T8 (Sheet 4) UT to Horsepen Temporary Perennial 3.5 8' 0.0007
Creek
T10 (Sheet 4) UT to Horsepen Temporary Perennial 3.5 23' 0.002
Creek
TI I (Sheet 5) UT to Horsepen Temporary Perennial 5 16' 0.004
Creek
T12 (Sheet 5) UT to Horsepen Temporary Perennial 5 5' 0.002
Creek
Total Stream Impact (by length and acreage) 66' 0093
Permanent Stream Imnact (maintenance corridor)
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? . Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
P4 (Sheet 3) UT to Hokepen Permanent Perennial 3 16' 0.0008
Cree
P6 (Sheet 4) UT to Horsepen Permanent Perennial 3.5' 20' 0.002
Creek
P8 (Sheet 4) UT to Horsepen Permanent Perennial 5' 21' 0.006
Creek
Total Stream Impact (by length and acreage) 57' .0088
Page 5 of 10
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. dredaina. floodiniz. drainaize. bulkheads. etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resultiniz from the proiect:
Stream Impact (acres): 0.0181
Wetland Impact (acres): 0.086
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.104
Total Stream Impact (linear feet): 123
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.
NA
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Prior to site plan development
the applicant requested a detailed wetland delineation be completed so impacts to wetlands and
`waters' can be minimized. The original alignment proposed 5 stream crossings but by revising
the originally planned routing by running the sewer to the north side of the pond adjacent to Four
Page 6 of 10

Farms Road and by utilizing an aerial crossing in the northern section of the project, the number
of stream crossings was reduced to 3. Impacts were further minimized by crossing channels at a
nearly perpendicular angle In addition, the majority of the line was kept outside the 50' stream
and wetlands buffer established by 15A NCAC SUBCHAPTER 02T for water classified as
WS 111. The impacts identified on sheet 2 were dictated by the location of an existing pond dam.
Construction encroachment into this dam embankment could jeopardize the stability resulting in
a dam safety issue. In addition, maintenance access requirements by the City of Greensboro
would not permit this. In addition, the impacts on sheet 2 were unavoidable due to the
requirement to tie into an existing manhole. And finally, impacts at sheet 2 were also reduced by
eliminating the temporary construction corridor in this area. Attempts were made to minimize
wetland impacts on sheet 4, by crossing at the narrowest point however, the presence of an old
dam, just south of the crossing, limited placement of the sewer in this location. We examined the
possibility of trenchless construction using bore and jack at both the stream and wetland
crossings. Using a bore and iack below the water table raises concern about future subsistence
when the casing pipe rusts through but outing the annulus to prevent this significantly
complicates any future repair. Moreover, we felt that there would be more land disturbing
activity associated with the use of a bore and jack rig (i.e. bore pits and waste areas) and that the
potential for sediment loss was greater than just trenching the crossing in the dry and laying the
pipe in the trench. Coffer dams and pumps will be used so that work can be done in the dry.
These impacts are accounted for in our application and a detail for this work is included with the
attachments.
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
httn://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Page 7 of 10
I . 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.
As per a recent conversation with Mr. Andy Williams, because the proposed `permanent'
impacts (i.e. areas converted from forested wetland to herbaceous) are less than 0.1 acres,
and because all crossings will be returned to pre-construction contours, mitigation will not be
required for this project.
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
[phone] 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 http://h2o.enr.state.nc.us/wrp/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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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 [phone] 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,
Page 8 of 10
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
(Neuse), 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
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 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone I 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 213.0242 or.0244, or.0260. NA
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. This purpose of this project is to provide water
and sewer to existing homes and is not driven by new development. Any future development
will be required by the City of Greensboro to meet the Phase II stormwater requirements
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.
Sanitary Sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 9 of 10
Is this an after-the-fact permit application? Yes ? 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
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.ne.us/ncwetlands. If no, please provide a short narrative description: We do
not believe that this project will lead to additional development that will impact downstream
water quality. The purpose of this project is to provide existing homes with water and sewer and
is not driven by development but rather by the annexation requirements placed on the City of
Greensboro. The City is a delegated Phase II community, therefore any future development that
might occur in this area, will be required to comply with the current NC-DWQ Stormwater
guidelines. Additionally because this site is located in a water supply watershed the City will
require a 50-foot buffer on either side of the stream channels further reducing the risk of impacts
to water quality.
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).
NA
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
VICINITY MAPS
`... 1 LAKE
.e
5 _
s3 !
. r 1 c r.
'rig , i :. ?? C ? • S t? ?1 ? r? /! V ?,fi ?___ / • ?" - 6
I _
Ilk,
3
d _ )f i
!
'til
W
)r
• - ^d ?• r n
;, •? t ?• ;i... GaI
756
• axtJ { \?
r
ttf+>t .a /
.t ,
r
' j
FIGURE 1: USGS Drawn By: Scale: Figure No.:
WITHERS RAVENEL
ENGINEERS PLANNERS SURVEYORS TOPOGRAPHIC QUADRANGLE LT 12000' 7
• Horsepen Sewer
111 MacKenan Drive Cary, North Carolina 27511
• Wake County, North Carolina Date: Job Number:
te1:919-469-3340 fax: [phone]
Summerfield & Lake Brandt Quad's 9-4-08 02060096.21
www withersravenel. com
v
L-J
AGENT AUTHORIZATION

'S LA a v
Agent Authorization Form
2008 Annexation Water and Sewer - Part 1
Project Name:
Property Owner/Contract Purchaser: City of Greensboro
Address: P.O. Box 3136
Greensboro.. NC 2 7402-3 1 3 6
336 373-2960
Phone:
336 373-2338
Fax:
Email: [e-mail]
l hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: A S• ???? h
(Print Name
(Signat r
Date: `3 - 21- 08,
SITE PLANS
••••••••••••••••••••••••••••i••••••••••••••
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
!! \ 40' TEMPORARY
1 \ EAS MENTION
CONSTRU
.? .
P1 \
• HEADWATER FOREST
WETLAND
? P2

\ 15' UTILITY EASEMENT
• :\ EXCLUSIVE TO THE CITY
OF GREENSBORO EXISTING PROPERTY
\ ••? LINE (TYP)
\ WETLAND (TYP) •\ r - /- -
EXISTING \ \ P
SEWER ROPOSED
ALIGNMENT P)
\ ? r
1 -YR FEMA • \ _ \ . \ \• I
FL00 AY (TYP) \ \ \
100- FEMA--/• 1 • . , •.?
FLOODPLAI (TYP) \ SSM ?JA
\ ti
EXISTING 20ILTY EASEMENT
EC6UVE O °s ' • .
THE CITY ?` • • • ..
\\ •? OF GREENSBORO
CRAPM scuF 1._!50. DATE.• 10128106
Note: See Overall Wetlands Impact Map For Area Location & Notes o 25 50 75 2 Of 5
2008 ANNEXATION WATER AND SEWER-PART 1
WITHERS &- R" E N E L P04722, P04724, P04725, P04726, P04726A, & - P04M
• ENGINEERS I PLANNERS i SURVEYORS WETLAND AND STREAM IMPACTS
111 Xitaenan Drive Cary. North Carolina 27511 tal: 919-459-3340 tax: 919-67-6008 mm.•ithersrarMel.coa
CITY OF GREENSBORO GUILFORD COUNTY NORTH CAROLINA
•

0

•
• `< \ \2PROPOSED SANITARY
• ?\ SEWER ALIGNMENT (TYP) ' - - - - - - - J
• T2 HEADWATER
• MH \ \ ?• __:F E • ' : EXISTING 1 Y
?\ \ \ ?- WETLAND CM T3
MH P l
• !- - P3
_ ' • m P4 E
• 1? 1` ; T1ee T0 r - ?MH1
\ • ILT EASEMENT TTHECITY
• \ G?i NSBORO KOP O T4 \ \
• Yt 1 WETLAND (TYP)
40' TEMPORARY
• ` , 1 CONSTRUCTION
• ` 1 EASEMENT ? .. _ .. ,
• ?+ EXISTING PROPERTY
LINE 1 1 '
(TY) 1 1
100-YR FEMA \
• \ \
FLOODPLAIN (TlP) \' •
• p .
100-YR FEMA \
• o FLOODWAY (TYP) \
• GRAPM SCALE 1.=5o• DATE- 10128108
• Note: See Overall Wetlands Impact Map For Area Location & Notes o zs so 75 3 of 5
• 2008 ANNEXATION WATER AND SEWER-PART 1
• WITHERS & RAV E N E L P04722, P04724, P04725, P04726, P04726A, & P04M
• ENGINEERS 1 PLANNERS 1 SURVEYORS WETLAND AND STREAM IMPACTS
111 Won- Dive Cary. *rtn Carolina 27611 tel: [phone] fax: [phone] -wltnerseavenel.cw
QTY OF GREENSBORO GUILFORD COUNTY NORTH CAROLINA
•
•
•
o
m
•? ` \\ \IMH
• \ I w
• \TOP OF I
• ? BANK (TYP)
q
• WETLAND (TYP` \ I
1
• •, , I kxIS• ING LINE ERR
40' TEMPORARY ' T10 I I /
• CONSTRUCTION
EASEMENT `. I /
• 15' UTILITY EASEMENT , I
• EXCLUSIVE TO THE CITY I T6 a T5 J I ??
OF GREENSBORO` - I-
• 3 3 i
i
• ?i ?? F HWATER MARSH/
• - - - - - - - M EAVER IMPOUNDMENT
MH24
• I ( ..- ..
I 7-
• ( P7 ?, E 5 \\ \\
• FRESHWATER MARSH/ \
BEAVER IMPOUNDMENT I t P6 ?,? \ •''.-x?
• 3 \ \ ?' / T9
\ \ •/ `+
?o
• a PROPOSED SANITARY
6
SEWER ALIGNMENT (TYP) \\ ??C / 1` ?? \ `? • ' ??
• ? ? \ / ? , ••\ 100-YR FEMA
• U \ \ ?\ •';\ FLOODWAY (TYP) \ .
• \ y 100-YR FEMA
FLOODPLAIN (TYP)
• GRAPH S ME f-. DATE• 10128106
• Note: See Overall Wetlands Impact Map For Area Location & Notes 0 25 50 75 4 05
• 2008 ANNEXATION WATER AND SEWER-PART 1
WITHERS & RAV E N E L P04722, P04724, P04725, P04726, M47264 & PNM
• ENGINEERS i PLANNERS 1 SURVEYORS WETLAND AND STREAM IMPACTS
111 IfaeKman Or1ve Cary IlerM prolina 27511 tel: [phone]e9 f": 919-067-6009 -itherar-i. cm
C1IY OF GREENSBORO GUILFORD COUNTY NORTH CAROLINA
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
\ 20' UTI
l m \ EXCLUS
\ OF GRE
m ? \
r {?
9pl \ , \
Q •?\
a
WETLAN (TYP*) i /
.
t
1 0 0
1 m
m .?

a
r
? 11
S '
v
fC • _
JTY EASEMENT
IVE TO THE CITY
ENSBORO )m
- m
? m
0
I
TOP OF
BANK (TYP) p
\ m
r
I 133
l
PS ? \ \
T12
0
O~ •
0
0
Ho, v ? - -
X X
k /
• 1 ,
k / x
.
• I
m k /` x
T11
40'
i
i
i`
1i
e
?y
m?
1
1
EXISTING PROPERTY
\4 LINE (TYP)
UTILITY EASEMENT
EXCLUSIVE TO THE CITY
/ OF GREENSBORO
/
/ 100-YR FEMA
FLOODPLAIN (TYP)
/
/
PROPOSED SANITARY
SEWER ALIGNMENT (TYP)
CR*w ScAl 1--50' DATE. 10128108
I Note: See Overall Wetlands Impact Map For Area Location & Notes o 25 50 75 15 Of 5
2008 ANNEXATION WATER AND SEWER-PART 1
WITHERS & R" E N E L P047221 P04724, P04725, P04726, P047264 & P04772
ENGINEERS I PLANNERS 1 SURVEYORS WETLAND AND STREAM IMPACTS
111 mnftnm 9r1ve Cary, Norte Carallna 77511 tel: [phone] fax: [phone] -with x armel.cw
CITY OF GREENSBORO GUILFORD COUNTY NORTH CAROLINA
CROSSING DETAILS
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
20 ' PERM.
EASMENT (MIN.1
-10,
+1
STREAM
FLOW -
I
NA TURAL
GROUND
CROSSING
PIPE
,,;;c . j I
PLAN
TOP OF BANK
TOB
RIP-RAP
TYPICAL
SYNTHETIC FILTER
FABRIC
TOP OF BANK RIP RAP SHALL NOT
DRAINAGE DITCH EXTEND ABOVE NORMAL
OR SMALL STREAM HIGH WATER MARK
SYNTHETIC FILTER
EX. IN V.
s , FABRIC (AS PER
CREEK NCDOT SPEC $1056,
°F TYPE-2)
CROSSING PIPE
18" CLASS I
RIP-RAP
SECTION A -A
gl NOTES.'
0
1) PERMANENT CROSSING FOR VEHICLE MAINTENANCE EQUIPMENT.
2) CLASS I RIP-RAP TO BE LAID MIN. IB INCHES THICK OVER ENTIRE AREA OF DISTURBANCE
m
4 (AS DIRECTED BY ENGINEER).
9
3) CLASS II RIP-RAP USED IN LARGER STREAMS (AS DIRECTED BY ENGINEER).
4) AS PROJECT IS STABILIZED PLACE SYNTHETIC FILTER FABRIC 6 SPREAD ALL EXISTING
EROSION STONE INTO PERMANENT LINER AS SHOWN. ADD STONE AS NEEDED.
j 5) ANY REQUIRED ARMORING ABOVE NORMAL HIGH WATER MARK SHALL CONSIST OF
MATTING OR APPROVED VEGETATIVE COVER.
n
p C / r y OF G R E E N S B O R O
STD. NO. REV.
L STANDARD PERMANENT CREEK STABILIZATION
#I TH MAINTENANCE CROSSING 214 03_97 06-05
DETAILS FOR COFFER DAM INSTALLATION
•
•
•
•
0
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
PUMP
STREAM
FL ON
TEMP.
24 " TO
42 " CMP
CLASS "I "
RIP RAP
PROPOSED
EARTH BERM
(TYP.)
50" CONSTRUCTION EASEMENT
(SEE NOTE 5)
10' X 10'
DEWATERING BASIN
@ 2.'1 SIDE SLOPE
OR SIL T BAG.
PROPOSED
EARTH BERM PLAN
POLYETHYLENE FABRIC (TYP.J
ON FACE (B ML. THICK)
TO 12
MIN. TOP OF FROM
'UMP - - - - _ - -BANK- - PUMP
i
t G
A INSTALL SANDBAGS IN PIPE INVERT 6 FABRIC WHILE PUMPING
o AROUND DURING CONSTRUCTION IN STREAM.
POL YETHYLENE FABRIC
w ON FACE (B ML . THICK) B REMOVE SANDBAGS 6 FABRIC TO ALLOW FLOW THROUGH
PIPE WHEN NOT PUMPING AROUND.
SECTION A-A
1 OF 2
n
A C/ T Y O F G R E E N S B O R O
N
A
STANDARD TEMPORARY CREEK STD. NO. REV.
01-91 05-05
CROSSING DURING CONSTRU?'TION 213 03-97 09-05
03-05
TEMP. CONSTRUCTION
10' X f0'
SEDIMENT TRAP
66 2.' 1 SIDE SLOPE
OR SIL T BAG.
A
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
NOTES.
1) EROSION STONE TO BE -CLASS I- RIP-RAP UNLESS DESIGNA TED DIFFERENTLY ON
CONSTRUCTION PLAN.
2) PIPE SIZE AND AMOUNT NEEDED TO BE DETERMINED BY ENGINEER ON CONSTRUCTION
PLAN.
3) TEMPORARY STREAM CROSSING TO BE CONVERTED TO COG 0214 UPON PROJECT
CONSTRUCTION COMPLETION IF CALLED FOR ON THE CONSTRUCTION PLANS.
4) PUMP AND LINE SIZE TO BE DETERMINED BY THE CONTRACTOR USING THE BASE FLOW
SHOWN ON THE CONSTRUCTION PLANS.
5) WIDTH OF CONSTRUCTION EASEMENT SHALL BE MINIMIZED BASED UPON FIELD CONDITIONS.
ANY DISTURBANCE (S) EXCEEDING 40" MAY REQUIRE ADDITIONAL WATER DUALITY PERMITTING
OR MITIGATION.
CONSTRUCTION SEQUENCE FOR STREAM CROSSING
1) INSTALL PUMP AND LINE TO PUMP FLOW FROM AREA UPSTREAM OF TEMPORARY STREAM
CROSSING TO AREA DOWNSTREAM OF CONSTRUCTION AREA. BEGIN PUMPING AND
CONTINUING PUMPING WHILE WORKING WITHIN THE STREAM.
2) INSTALL UPSTREAM DAM, FIL TER FABRIC, AND TEMPORARY CMP. COVER PIPE INLET
WITH FABRIC AND SAND BAGS AS SHOWN IN INSET "A" WHILE WORKING IN THE STREAM.
ALLOW STREAM FLOW THROUGH CMP AS SHOWN IN INSET "B" WHEN NOT WORKING WITHIN
THE STREAM.
3) INSTALL DOWNSTREAM TEMPORARY STONE DAM AND FIL TER FABRIC TO PREVENT
BACK FLOW INTO CONSTRUCTION AREA.
4) INSTALL PROPOSED EARTH BERMS ALONG TOP OF BANK ON EACH SIDE OF THE
CONSTRUCTION AREA.
5) INSTALL DEWATERING BASIN OR SIL T BAG AT TOP OF BANK. DEWA TER CONSTRUCTION
AREA BETWEEN TEMPORARY DAM USING THIS BASIN.
6) INSTALL THE 10' X 10' SEDIMENT TRAP OR SIL T BAG.
7) UPON CONSTRUCTION COMPLETION, REMOVE TEMPORARY DAMS, FILTER FABRIC, AND
TEMPORARY CMP. DEPRESS TEMPORARY DAM BOTTOMS INTO STREAM BED UNTIL TOP OF
RIP RAP IS LEVEL WITH STREAM BOTTOM. CONVERT TO COG STANDARD A214 IF CALLED
FOR IN THE CONSTRUCTION PLANS.
B) UPON STABILIZATION OF CLEARED AREAS, REMOVE TEMPORARY EARTH BERM, SEDIMENT
TRAP, AND DEWATERING BASIN.
2OF2
C / T Y O F OR E E N S SO R O
N
STANDARD TEMPORARY CREEK STD. NO. REV.
01-9106-05
W
CROSSING DURING CONSTRUCTION 213 -9709-05
03
" 03-05
NC GENERAL STATUTE 16oA-35
§ 160A-35. Prerequisites to annexation; ability to serve; report and plans.
A municipality exercising authority under this Part shall make plans for the extension
of services to the area proposed to be annexed and shall, prior to the public hearing
provided for in G.S. 160A-37, prepare a report setting forth such plans to provide
services to such area. The report shall include:
(1) A map or maps of the municipality and adjacent territory to show the
following information:
a. The present and proposed boundaries of the municipality.
b. The proposed extensions of water mains and sewer outfalls to
serve the annexed area, if such utilities are operated by the
municipality. The water and sewer map must bear the seal of a
registered professional engineer or a licensed surveyor.
(2) A statement showing that the area to be annexed meets the requirements
of G.S. 160A-36.
(3) A statement setting forth the plans of the municipality for extending to
the area to be annexed each major municipal service performed within
the municipality at the time of annexation. Specifically, such plans
shall:
a. Provide for extending police protection, fire protection, solid
waste collection and street maintenance services to the area to be
annexed on the date of annexation on substantially the same basis
and in the same manner as such services are provided within the
rest of the municipality prior to annexation. A contract with a
rural fire department to provide fire protection shall be an
acceptable method of providing fire protection. If a water
distribution system is not available in the area to be annexed, the
plans must call for reasonably effective fire protection services
until such time as waterlines are made available in such area
under existing municipal policies for the extension of waterlines.
A contract with a private firm to provide solid waste collection
services shall be an acceptable method of providing solid waste
collection services.
b. Provide for extension of water mains and sewer lines into the
area to be annexed so that property owners in the area to be
annexed will be able to secure public water and sewer services
according to the policies in effect in such municipality for
extending water and sewer lines to individual lots or
subdivisions. If the municipality must, at its own expense, extend
water and/or sewer mains into the area to be annexed before
property owners in the area can, according to municipal policies,
make such connection to such lines, then the plans must call for
contracts to be let and construction to begin on such lines within
one year following the effective date of annexation. In areas
G.S. 160a-35 Page 1
where the installation of sewer is not economically feasible due
to the unique topography of the area, the municipality may agree
to provide septic system maintenance and repair service until
such time as sewer service is provided to properties similarly
situated.
C. Set forth the method under which the municipality plans to
finance extension of services into the area to be annexed.
(4) A statement of the impact of the annexation on any rural fire department
providing service in the area to be annexed and a statement of the
impact of the annexation on fire protection and fire insurance rates in
the area to be annexed, if the area where service is provided is in an
insurance district designated under G.S. 153A-233, a rural fire
protection district under Article 3A of Chapter 69 of the General
Statutes, or a fire service district under Article 16 of Chapter 153A of
the General Statutes. The rural fire department shall make available to
the city not later than 30 days following a written request from the city
all information in its possession or control, including but not limited to
operational, financial and budgetary information, necessary for
preparation of a statement of impact. The rural fire department forfeits
its rights under G.S. 160A-37.1 and G.S. 160A-37.2 if it fails to make a
good faith response within 45 days following receipt of the written
request for information from the city, provided that the city's written
request so states by specific reference to this section.
(5) A statement showing how the proposed annexation will affect the city's
finances and services, including city revenue change estimates. This
statement shall be delivered to the clerk of the board of county
commissioners at least 30 days before the date of the public
informational meeting on any annexation under this Part. (1959, c.
1010, s. 3; 1973, c. 426, s. 74; 1983, c. 636, ss. 7.1, 16, 18; 1985, c. 610,
ss. 1, 5, 7; 1989, c. 598, s. 5; 1991, c. 25, s. 1; c. 761, s. 30; 1998-150, s.
4.)
G.S. 160a-35 Page 2
JURISDICTIONAL DETERMINATION FORMS
• APPROVED JURISDICTIONAL DETERMINATION FORM
• U.S. Army Corps of Engineers
• This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
• A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
• B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
• C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Guilford City: Greensboro
• Center coordinates of site (]at/long in degree decimal format): Lat. 36.1392697° 1!), Long. 79.8748468° W.
• Universal Transverse Mercator:
Name of nearest waterbody: Horsepen Creek
• Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03030002
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
• Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
•
•
•
•
•
•
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): September 9, 2008
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the revarea. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
? TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
H Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: -130 linear feet: 2-8 width (ft) and/or NA acres.
Wetlands: < 1 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
1 Boxes checked below shall be supported by completing the appropriate sections in Section Ill below.
z For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
• The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
• Section HLA.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
• 1. TNW
Identify TNW: NA.
• Summarize rationale supporting determination:
• 2. Wetland adjacent to TNW
• Summarize rationale supporting conclusion that wetland is "adjacent": NA.
• B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
• This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
• determine whether or not the standards for jurisdiction established under Rapanos have been met.
• The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
• months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
• skip to Section III.D.4.
•
•
•
•
•
•
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section I11.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: acres
Drainage area: acres
Average annual rainfall: inches
Average annual snowfall: 10 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: NA.
Identify flow route to TNW5:
Tributary stream order, if known:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that Wply):
Tributary is: ? Natural
• ? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
•
Tributary properties with respect to top of bank (estimate):
• Average width: feet
• Average depth: feet
i
k Li
i
l
opes: P
Average s
de s
c
st.
•
Primary tributary substrate composition (check all that apply):
. ? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
• ? Bedrock ? Vegetation. Type/% cover:
• ? Other. Explain:
• Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
• Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
•
• (c) Flow:
Tributary provides for: Pick List
• Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
• Other information on duration and volume:
• Surface flow is: Pick List. Characteristics:
• Subsurface flow: Pick List. Explain findings:
• ? Dye (or other) test performed:
• Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
• ? clear, natural line impressed on the bank ? the presence of litter and debris
? changes in the character of soil ? destruction of terrestrial vegetation
• ? shelving ? the presence of wrack line
? vegetation matted down, bent, or absent ? sediment sorting
• ? leaf litter disturbed or washed away ? scour

• ? sediment deposition ? multiple observed or predicted flow events
? water staining ? abrupt change in plant community
• ? other (list):
? Discontinuous OHWM.' Explain:

• If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: Mean High Water Mark indicated by:
• ? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
• ? physical markings/characteristics ? vegetation lines/changes in vegetation types.
• ? tidal gauges
? other (list):
•
•
•
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, orwhere
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
n
H
L J
• For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
• Summarize overall biological, chemical and physical functions being performed:
•
• C. SIGNIFICANT NEXUS DETERMINATION
i A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
• by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
• wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
• of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
• wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
• outside of a floodplain is not solely determinative of significant nexus.
• Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
• other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
• support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
• Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
• below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
• findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
• 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
• adjacent wetlands, then go to Section III.D:
• 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
• D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
• THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
El TNWs: linear feet width (ft), Or, acres.
• 0 Wetlands adjacent to TNWs: acres.
• 2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
• Q Tributaries of TNW where tributaries have continuous flow "seasonally' (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section I1I.B. Provide rationale indicating that tributary flows
• seasonally:
0
Nn
?J
• Provide estimates for jurisdictional waters in the review area (check all that apply):
2 Tributary waters: -130 linear feet 3-8 width (ft).
• ? Other non-wetland waters: acres.
• Identify type(s) of waters:
• 3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
• TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
• ? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
• Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
• Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
• directly abutting an RPW: Wetlands tie to the channel as previously determined by Andy Williams during site
• meeting.
• Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
• abutting an RPW:
• Provide acreage estimates for jurisdictional wetlands in the review area: < lacres.
• 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
• and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
• Provide acreage estimates for jurisdictional wetlands in the review area: acres.
• 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
• ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
• conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
• 7. Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
U Demonstrate that impoundment was created from "waters of the U.S.," or
S ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
• ] Demonstrate that water is isolated with a nexus to commerce (see E below).
• E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
• DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
• ? which are or could be used by interstate or foreign travelers for recreational or other purposes.
• ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
• ? Interstate isolated waters. Explain:
Other factors. Explain:
• "See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
• 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos
•
•

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule' (MBR).
Waters do not meet the "Significant Nexus' standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
M 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.
ED U.S. Geological Survey snap(s). Cite scale & quad name: Quad.
M USDA Natural Resources Conservation Service Soil Survey. Citation: .
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
? FEMA/F1RM maps:
? 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:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: This form is for impacts since they are all perennial channels and abutting wetlands.