20081765 Ver 1_401 Application_20081208

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Bit G M A N C O M P A N Y
1 N C O R P O R A T E D
November 24, 2008
C, O U R`ii` ESY
Copy
08-1765
Ms. Tracey Wheeler
U.S. Army Corps of Engineers
Washington Field Office
Post Office Box 1000
Washington, NC 27889-1000
RE: Nationwide Permit Request
NC Fairfield Harbour (Keech) 44514
Craven County, North Carolina
Dear Ms. Wheeler:
Q???od?p
DEC 1 2008
DENR - WATER QUALIS Y
WETLANDS AND STORMWATER BRANCH
On behalf of Stephanie Gooch of Environmental Resources Management (ERM),
we are pleased to submit this pre-construction notification for the unavoidable
impacts to water resources associated with the project. This letter summarizes
our findings and requested approvals.
Background:
ERM is the company facilitating the establishment of a new telecommunications
tower and compound to service the Alltel telecommunications network. Initially, a
preferred project site within the parcel was designated for the compound by the
landowner and Alltel. At this time, The Brigman Company inspected the
designated site location and assessed the entire tract for wetlands. After realizing
entire compound was within a wetland, The Brigman Company recommended
several alternative site locations within the property to avoid and minimize
impacts to water resources. After negotiations with the landowner and Alltel, one
of the alternative locations was chosen without any wetland impacts and only a
jurisdictional man-made ditch crossing for the access road. The access road will
cross a man-made ditch that is considered jurisdictional through connectivity to
other jurisdictional features and its high water mark found within its banks. Only a
small portion will be filled with a culvert and associated fill to reach an upland hill
for the proposed telecommunications compound.
The parent property is 28 acres, but only a small portion, including the access
road and the 100-foot by 100-foot compound area will be designated under a
long term lease agreement and will serve as the project area.
WWW.TliEbRIC,MANCOMPANY.COM
P.O. Box 1 532 0 CONWAY, SC 29528 9 [phone] • FAX [phone]
The property is located within the Fairfield Harbour area adjacent to Broad Creek
Road and just south of N.C. 55, east of New Bern in Craven County, North
Carolina (see Location Map - Figure 1).
The Brigman Company has been contracted by the applicant to review the
proposed project objectives, assess the impacts that these activities on
freshwater wetlands functions and suggest project revisions which will minimize
impacts and ensure the project is consistent with U.S. Army Corps of Engineers
and NC DENR guidelines and regulations.
404 Wetlands:
The project area was evaluated for potential wetland impacts subject to Section
404 of the Clean Water Act in May 2008 by The Brigman Company. Wetlands
and Waters of the U.S. are found within the 28-acre parent parcel, but only one
Waters of the U.S. is present within the project area.
The man-made ditch traveling through uplands at the proposed impact area is
located along the existing access road for the property. The man-made ditch was
constructed to build up the existing access road and to divert storm water from
the access road to another adjacent man-made canal to the south. The ditch
system continues to the south and intercepts an unnamed tributary to the Upper
Broad Creek located within the Neuse River Basin.
Even though the wetlands are not located within the project area, wetlands were
identified, demarcated, and mapped adjacent to the proposed lease areas, as
depicted on the plan view and overall view.
Avoidance/Minimization Efforts:
Complete avoidance of impacts to water resources is not practical due to the
location and distribution of the man-made ditch running along the edge of the
existing access road. Previous alternatives were discarded due to excessive
wetland impacts and the current alternative was chosen that minimizes the
overall effect to water resources. The proposed access roadway is positioned
avoiding all of the adjacent wetlands and only impacts a minimal portion of
Waters of the U.S. All valuable wetland and water resources are to be avoided
when practical.
Although it was not possible to simultaneously achieve optimum conditions for
each of these design criteria the development plan was developed so that a
reasonable balance could be achieved between avoidance of water resources
and the various logistical, economic, and safety parameters that must be
satisfied.
2
Proposed Water Resource Impacts:
Since the water resources completely separate the compound site and the
existing access road, a minor discharge into the jurisdictional ditch is required to
provide critical access into the lease area to facilitate construction and placement
of the telecommunications compound for Alltel. The construction of the linear
road crossing will require the placement of a culvert and associated fill material
into 0.0053-acres of a jurisdictional ditch.
Throughout the design process the unavoidable impacts to water resources was
minimized to the maximum extent possible and mitigation is not offered for
impacts to a jurisdictional man-made ditch traveling through uplands.
Request for Validation/Nationwide Permit #12 Authorization:
Acting as agent for Stephanie Gooch of ERM, we hereby request that the
unavoidable impacts to water resources occurring onsite resulting from
construction of an access road for utilities be authorized under the current
Nationwide Permit #12 or other nationwide permit this project would be eligible
for.
Along with a Preconstruction Notification form we are providing the following
supplemental information.
• Location Map
• U.S.G.S. Topography map
• Overall View
• Plan/Detail/Section View
• Section View
Please notify me at your earliest convenience in order to schedule an onsite
meeting.
Should you have any questions or require additional information, please advise.
Sincerely,
Jeff. Burleson
Project Manager
cc: Stephanie Gooch, ERM
Cyndi Karoly, NC DWQ (2 copies)
Terry Moore, District Manager, NC Division of Coastal Management
M:\2008\00831-08078\Drawings\Permit\COE permit request.doc
3
BR+GIVIAN COMPANY
I N C O R P O R A T E D
Statement of Authorization
Client Information: Ms. Stephanie Gooch
Environmental Resource Management
300 Chastain Center Boulevard, Suite 375
Kennesaw, GA 30144
RE: NC - Fairfield Harbour (44514)
Red Springs, North Carolina
hereby designate and authorize representatives of The Brigman Company
to act on my behalf as my agent in conducting a routine wetland
determination/delineation and associated permitting of the referenced
property. I further grant access onto the project area to facilitate these
services.
November 24, 2008
Client Authorization Date
WWW.TilEbRigMANCOMPANY.COM
P.O. Box 1532 CONWAY, SC 29528 • [phone] FAX [phone]
I
a[1@[95WR5
DEC r 2008
Office Use Only: DENR •
WETLANDS AND STORMINATER BRANCH Form Version March 05
USACE Action ID No. DWQ No. 0 8- 1 7 6 5
(If any particular item is not applicable to this project, please enter "Not Applicable" 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:
12
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: Stephanie Gooch, Environmental Resources Management
Mailing Address: 300 Chastain Center Boulevard, Suite 375
Kennesaw, GA 30144
Telephone Number: 770-590-8383 Fax Number: 866-670-9022
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: Jeff Burleson
Company Affiliation: The Brigman Company
Mailing Address: P. O. Box 1532
Conway, SC 29528
Telephone Number: 843-248-9388 Fax Number: 843-248-9388
E-mail Address: jburleson ,thebrigmancompany.com
Page 5 of 13
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: NC Fairfield Harbour (Keech) 44514
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2-016-087 (Portion of)
4. Location
County: Craven Nearest Town: Fairfield Harbour
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
N.C. 55 and Broad Creek Road east of New Bern, travel South on Broad Creek Road for 3.4
miles and turn right on to a dirt road at site. Site address is 746 Broad Creek Road, New
Bern, NC 28560.
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): 35.0938°N 76.9515°W
6. Property size (acres): Parent tract is 28 acres (Lease Area and Access Road =0.696 acres
7. Name of nearest receiving body of water: Upper Broad Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admiii/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Project area on site is unforested and is located on a typical
large home site with buildings, fishpond, and recreational maintained areas.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Standard medium-sized construction equipment
11. Explain the purpose of the proposed work: To provide an access road across a man-made
ditch that is classified as a "Waters of the U.S." to be used as a telecommunication utility.
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.n/a
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
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.
Page 7 of 13
I . Provide a written description of the proposed impacts: An access road will be placed
across a man-made ditch that is classified as "Waters of the U.S.". Ditch will be filled with a
culvert and associated fill.
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 stnicture and flendinu_
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
n/a Fill n/a n/a n/a n/a

Total Wetland Impact (acres) n/a
3. List the total acreage (estimated) of all existing wetlands on the property: 6.5 acres on
(parent tract)
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 mnltinly lenutlh X w;dth then by dl ';rO
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
n/a

Total Stream Impact (by length and acreage) n/a n/a
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 hnllrlhearle -to
Waters Impact
Site Number Nam
(if e applicable) Watee) v
Type of Impact Type of Waterbody
(lake, pond, estuary, sound bay, Area of
Impact
(indicate on ma) ocean, etc.) (acres)
1 n/a Fill (culvert) Man-made ditch 0.0053
Page 8 of 13
Total Open Water Impact (acres) 0.0053
b. List the cumulative impact to all Waters of the U.S. resulting trom the project
Stream Impact (acres):
Wetland Impact (acres):
Waters Impact (acres): 0.0053
Total Impact to Waters of the U.S. (acres) 0.0053
Total Stream Impact (linear feet):
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.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
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.
Proposed site was formerly completely within wetlands but site was assessed for wetlands
and an upland area was chosen void of any wetlands; however, a manmade ditch must be crossed
to access upland hill with an access road. Previous proposed wetland impact area was in excess
of 0.23 acres and was completely avoided with the new site placement The overall impacts to
jurisdictional waters has been reduced to a minimal jurisdictional ditch crossing 30 feet wide
Page 9 of 13
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://h')o.eiir.state.nc.us/ncwetiands/stringide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation not offered for the very minimal area of impact of a man-made but
jurisdictional ditch.
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:
Page 10 of 13
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX.
X.
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
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 213 .0233
(Meuse), 15A NCAC 213 .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 multinliers_
I I Im act
Zone* rcn„ap -F;.. N Multiplier Required
1 3 (2 for Catawba)
2 1.5
Total
I _J
* Zone 1 extends out 30 feet perpendicular from the top of the near ban
k of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 13
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.
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. n/a
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.
n/a
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 ? 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
littp://1i2o.enr.state.nc.us/ncxvctlands. If no, please provide a short narrative description:
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
Page 12 of 13
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).

(WI
r'?rAlicant/Agent's Signature ' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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NC Fairfield Harbour (Keech) 44514 PROPOSED ACTIVITY:
CRAVEN COUNTY Wetland Fill
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Date: 11/21/08 APPLICANT:
Environmental Resource
Date Revised: FIGURE Management
Application No. 2
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