Loading...
HomeMy WebLinkAbout20061331 Ver 1_401 Application_20060806- ! B. Scott Mitchell Environmental Consulting August I5, 2006 2 0 0 6 1 3 3 1 ~~: Ms. Cyndi Karoly Ms. Jean Manuele NC Division of Water Quality US Army Corps of Engineers 401 /Wetlands Certification Unit Raleigh Regulatory Field Office 2321 Crabtree Blvd. 6508 Falls ofNeuse Road Suite 250 Suite 120 Raleigh, NC 27604-2260 Raleigh, NC 27615 Re: Bucklin Subdivision -PCN Application Wilson, North Carolina (Wilson County- Neuse River Basin) Ms. Karoly and Ms. Manuele: Attached is the completed Pre-Construction Notification Application for Bucklin Subdivision in Wilson, NC (Wilson County). This subdivision wilt create 156 single-family home sites on the 81.59 acre property. Proposed impacts include one stream crossing and five wetland impacts for road construction, sanitary sewer and lot fill. With the exception of proposed lot fill, these impacts aze unavoidable, as illustrated on the attached plans. Proposed lot fill is proposed for an existing, maintained agricultural ditch that was ruled a lineaz wetland during the March 22, 2006 USACE and DWQ concurrence meetings. For impact 4, the easement impacts both wetlands and anoff--site creek. Wetland boundaries in this off-site area were assumed. The total proposed impervious surface area for this project is approximately 14.35 acres or 18 percent of the 81.59 acre property. All newly concentrated stormwater discharges are diverted to existing ditches. Hence, no BMPs are proposed for this project. Thank you for your time spent reviewing this PCN Application. Please do not hesitate to call me if you have any questions or concerns about this project or if you need any additional information to process the application. Sincerely, - J„~~-- Scott Mitchell, PE, LSS 0 ~~~~ t.1 1~/ A~IG ~ 5 Z~U6 aENk : WC,T~p~ ~iJAl11`Y ~71AN03 AND STOp~yyA~ dFtq~N 602 East.4cademy Street Suite IOS Fuquay-Marina, North Carolina 27526 ~ee:919-557-4682 Fax: 919-SS7-9683 Mobile:919-669-0329 Office Use Only: Form Version March OS 20061331 USACE Action ID No. DWQ No. (If an}- particular item is not applicable to this project. please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: " . ®Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 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 D ~ ~ ~ ~~ ~ D 1. Owner/Applicant Information A~~ 1 5 2Q06 Name: Stafford Land Company, Inc Mailing Address: PO Box 1360 pENR - WATER (~UALI~ "'~" QlBB-MIB STENiIrIW~TER BRANCH! Holl S rin s NC 27540 ~~ `~. o~~~~ , c~ Telephone Number: 919-577-6870 Fax Number: E-mail Address: 2. AgentlConsultant 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: Scott Mitchell Company Affiliation: B. Scott Mitchell Environmental Consulting Mailing Address: 602 East Academy Street Suite 105 Fuquay Varina, NC 27526 Telephone Number: 919-557-4682 Fax Number: 919-557-4683 E-mail Address: bsmenvironmental t~earthlink.net iirdatca ttrtizoos Page ~ 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: Bucklin Subdivision 2. T.LP. Project Number or State Project Number (NCDOT Only): none 3. Property Identification Number (Tax PIN): 3724306434 4. Location County: Wilson County Nearest Town: Wilson Subdivision name (include phase/lot number): London Church Road Property Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, take I440 East to Exit 14. Take Exit 14 onto US 64 East toward Wilson. After approximately 17 miles merge onto US 264 East toward NC 97/Wilson. Take Exit 43A onto US 301 North. Then take the NC 42 East ramp toward Wilson/Pinetops. Turn slightly left onto the NC 42 West ramp toward Wilson and take a left onto NC 42. Turn right onto London Church Road. The property will be located on the left (West) side of the road, right before Upchurch Road. 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): 35.7791°N 77.9054°W 6. Property size (acres): 81.59 acres 7. Name of nearest receiving body of water: Toisnot 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 E~tt ~:%/h?c~.~I~r.state.nc.us!adn~in'mapsl.) 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 majority of the site is currently used for agricultural row Updated t I/U2005 Page 6 of 13 crops The remainder of the property is currently covered by one to two year old cutover or Toisnot swamp Properties to the north east and south of the sub ect site are currently used for agricultural row crops or rural density residential development. Properties west of the subject site have been developed as a residential subdivision. 10. Describe the overall project in detail, including the type of equipment to be used: The property will be developed into a single family home subdivision. Several types of equipment will be used such as trackhoes backhoes pans and dumptrucks. 11. Explain the purpose of the proposed work: The~urpose of developing this prope is to facilitate the property into a single family home subdivision. 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. On March 22 2006 DWQ reviewed two features that were found to be subjected to the Neuse Buffer Rules. The letter addressing these issues is attached to this application. Also attached is the Notification of Jurisdictional Determination from USACE dated March 29,2006. 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. There are no future permit requests anticipated for this protect. 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. Updated 11/1/2005 Page 7 of 13 Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include five wetland impacts and one temporary stream impact Wetland impacts include two road crossings two temporary easement impacts, and one lot fill impact The proposed stream impact is composed of one temporary easement impact Z. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) T}pe of Impact T}pe of Wetland {e.g.. forested, marsh, herbaceous, bog. etc.) Located within 100'}`ear Floodplain (}'es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Road crossing One }-ear cutover no 1,156 0.23 2 Road crossing One year cutover no 1,550 0.17 3 Sanitary Sewer (temp) One year cutover yes 800 0.35 4 Sanitary- Sewer (temp) forested yes 0 0.143 5 Lot fill Linear agricultural ditch no 2,530 0.034 ~• 0.927 a~ ~~~ 3. List the total acreage (estimated) of ail existing wetlands on the property: 28.78 acres 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. Stream Impact Number (indicate on map} Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im ct Impact Length (linear feet) Area of Impact (acres) 4 Toisnot Creek S~~}~ Sewer (temp) perennial 50 feet 30 0.033 Total Stream Impact (b}~ length and acreage} 30 0,034 ur~r~a i vi!zoos Page 8 of 13 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on map) Name of Waterbod} (if applicable) T}pe of Impact T}pe of Waterbai}~ (lake, pond, estuar}~, sound ba}~, ocean, etc.} Area of Impact (acres) none Total. Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U. S. resulting from the project: Stream Impact (acres): 0.034 Wetland Impact (acres): 0.927 Open Water Impact (acres): 0.000 Total Impact to Waters of the U. S. (acres) 0.961 Total Stream Im act (linear feet): 30.00 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.): none Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local starmwater requirement, etc.): none Current land use in the vicinity of the pond: none Size of watershed draining to pond: none Expected pond surface area: none 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. As illustrated on attached maps, the wetlands, stream and Neuse Buffer delineated on this site completely isolate u~t~d i viizons Page 9 of 13 significant upland~ortions of the site. Access to these portions of the site is unavailable without impacting these features. The proposed road crossings are designed perpendicular to the wetland in an effort to minimize impacts. Proposed lot fill is necessary to create room on lots 1, 2, 3, and 4 to construct homes. The wetland on these lots propsed for lot fill consist of a maintained agricultural ditch that was ruled jurisdictional. The value of this linear wetland feature is minimal at best. The proposed easement crossings in the wetlands and over the stream are all necessary due to physical requirements to maintain rg avity flow. Proposed sanita sr~ ewer easement impacts are all temporary. 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. USAGE - 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 USAGE 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 latt~h~~~.ent .Mate.nc.us-'nc~~~etlands/sit~m«~ .htn~l. 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. No mitigation is praposed for the proposed impacts. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating Updated 11/1/2005 Page l0 of l3 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 htt~:;','~~~~~~~,tr~r.stater.tz_e,usi~~~,- %inclex.httn. 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}: none Amount of buffer mitigation requested (square feet): none Amount of Riparian wetland mitigation requested (acres): none Amount ofNon-riparian wetland mitigation requested (acres): none Amount of Coastal wetland mitigation requested (acres): none [X. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state} land? Yes ^ No 2. if yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (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 multi Tiers. Zone* Impact (s uare feet) Multiplier Required Miti ation I 1800 3 (2 for Catawba) 0 Updated I I/1/2005 Page 11 of 13 2 1200 1.5 0 Total 3000 0 * Zone 1 extends oat 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I . If buffer mitigation is required, please discuss what type of mitigation. is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Mitigation is not required for proposed Meuse Buffer impacts. 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. The proposed impervious acreage is approximately 14.35 acres or 18% of this 81.59 acre site. Approximately 10.75 acres of this total impervious area is from home sites and the other 3.6 acres is from roadway. These two calculations use an average of 3000 square feet per lot and a twenty four foot pavement section for the roadway. 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. Waste water will be collected by an existingpublic sanitary sewer system. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this 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 htt~~i~'h?~~.ct~r.4tclle.l~~.us!nc~~~etlands. If no, please provide a short narrative description: The likelihood of cumulative impacts from this development is minimal. XV. Other Circumstances (Optional): Updated I I!1/2005 Page 12 of l3 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). none ~ ~ 2~ D r Applicant/Agent's Signature J ~ Date (Agent's signature is valid only if an authorization letter ftom the applicant is provided.) upd~rd i v~izaos Page 13 of 13 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: London Church Road Property Date: 2-15-2006 Applicant !Owner: Stafford Land Com~any_(Apnlicant) County: Wilson Investigator: Scott Mitchell State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Rubus betulifolius SS FAC 9. 2. Carex spp. HR FAC 10. 3. Pinus taeda SS FAC 11. 4. 12. 5. 13. 6. 14. 7, 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: Facultative vegetation present. HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated -Saturated in Upper 12" X No Recorded Data Available -Water Marks _ Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: N/A (in.) _Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: ~18+ (in.) x FAC-Neutral Test Other (Explain in Remarks) Remarks: Hydrology not present. SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inched Horizon (Munsell Moistl (Munsell Moist) Ataundance/Contrast Structure, etc. 0-13 A 2.SY 4/4 N/A N/A Loam 13-18+ B 2.SY 4/3 N/A N/A Loam Hydric Soil Indicators: Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Hydric soil not present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes No X Hydric Soils Present? Yes No X Remarks: Is the Sampling Point Within a Wetland? Yes_ No X Upland by flag B-5. DATA FORM ~'' ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: London Church Road Property Date: 2-15-2006 Applicant /Owner: Stafford Land Company (Applicant) County: Wilson Investigator: Scott Mitchell State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Rubus betulifolius SS FAC 9. 2. Carex spp. HR FAC 10. 3. Pinus taeda SS FAC 11. 4. Arundinaria gigantea SS FACW 12. 5. 13. 6. 14. 7, 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: Facultative vegetation present. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated x Saturated in Upper 12" X No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: ~5 (in.) x FAC-Neutral Test Other (Explain in Remarks) Remarks: Hydrology present. SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist- (Munsell Moist) AbundancelContrast Structure, etc. 0-10 A 2.SY 4/2 7.SYR 2.5/3 10% Loam 10-18+ B 2.SY 5/3 lOYR 3/6 10% Loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Hydric soil present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes X No Hydric Soils Present? Yes X No Remarks: Is the Sampling Point Within a Wetland? Yes X No Wetland by flag B-5. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project !Site: London Chwch Road Property Date: 2-15-2006 Applicant /Owner: Stafford Land Com~anv (Apulicant) Investigator: Scott Mitchell County: Wilson State: NC Do normal circumstances exist an the site? yes X No Community ID: Is the site significantly disturbed (Atypical situation)? yes No X Transect ID: Is the area a potential problem area? yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum indicator Dominant Plant Species Stratum Indicator 1. Rubus betulifolius SS FAC 9. 2. Juncus spp. HR FAC 10. 3. Pinus taeda SS FAC 11. 4. 12. 5. 13. 6. 14. 7, 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: ~ Facultative vegetation present. HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated _ X Saturated in Upper 12" X No Recorded Data Available _ Water Marks - Drift Lines Field Observations: _ Sediment Deposits -Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: N/A (in.) _Water-Stained Leaves x Local Soil Survey Data Depth to Saturated Soil: --7 (in.) x FAC-Neutral Test J Other (Explain in Remarks) Remarks: Hydrology present. ~~~~~ Map Unit Name {Series and Phase): Drainage Class: Taxonomy {Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moistl AbundancelContrast Structure, etc. 0-14 A lOYR 3/1 7.SYR 2.5/3 2% Loam 14-19+ B l OYR 5/1 l OYR 4/6 2% Sandy Loam Hydric Soil Indicators: - Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors _ Other {Explain in Remarks) Remarks: Hydric soil present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes X No Hydric Soils Present? Yes X No Remarks: Is the Sampling Point Within a Wetland? Yes X No Wetland by flag A-34. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: London Church Road Property Date: 2-15-2006 Applicant I Owner: Stafford Land Company (Applicant) ,County: Wilson Investigator: Scott Mitchell ~ State: NC Do normal circumstances exist on the site? Yes X No `Community ID: Is the site significantly disturbed (Atypical situation)? Yes Ivo. X '"Transect ID: Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Rubus betulifolius SS FAC 9. 2. Juncus spp. HR FAC 10. 3. Carex spp. HR FAC 11. 4. Pinus taeda SS FAC 12. 5. 13. 6. 14. 7, 15. g. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: Facultative vegetation present. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated X Saturated in Upper 12" X No Recorded Data Available Water Marks Drift Lines Field Observations: _ Sediment Deposits `Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: N/A (in.) water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: ~l0 (in.) x FAC-Neutral Test Other (Explain in Remarks) Remarks: Hydrology present. SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, inches Horizon (Munsell Moistl ( Munsell Moist) Abundance/Contrast Structure. etc. 0-8 A lOYR 3/1 lOYR 314 4% Loam 8-18 B 1 1 OYR 4/4 1 OYR 3/4 4% Sandy Loam 18-20+ B2 2.SY 5/4 7.SYR 4/6 l5% Sand~Loam Hydric Soil Indicators: ,_ Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils list Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Not hydric soil. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes X No Hydric Soils Present? Yes No X Remarks: Is the Sampling Point Within a Wetland? Yes No X Upland by flag A-34. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200620629 County: Wilson U.S.G.S. Quad: Winstead Crossroads NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: William Thomas Lamm, III Address: Post Office Box 578 121 West Barnes Street Witson, NC 27894-0578 Telephone No.: 252-291-0172 Size and location of property (waterbody, road name/number, town, etc.) The project is located on the west side SR 1327 (London Church Roadl, west of SR 1330 (Upchurch Road), north of Wilson, in Wilson County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be Wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. B. Approved Determination _ There are Wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA}(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the Wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X _ The Wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The Wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-64$1 to determine their requirements. Remarks: Corps Regulatory Official: ~.c~,,.,~~ . ~\ Date March 29, 2006 Expiration Date Page 1 of 2 Action Id. 200620629 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Jean B. Manuele at 919-876-8441, Ext. 24. C. Basis for Determination Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property. The stream channel on the property is an unnamed tributary to Toisnot Swamp, which flows into the Neuse River and ultimately flows to the Atlantic Ocean through the Neuse River in North Carolina. D. Remarks E. Appeals Infarmation (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RPA) form. If you request to appeal this determination you must submit a completed RFA from to the South Atlantic Division, Division Office at the following address: Mr. Michael Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, if must be received at the above address by 29 March 2006. ** It is not necessary to submit an RFA form to the Division Engineer if you do not object to the determination in this correspondence.** Corps Regulatory Official (Initial):OQ~'~`n FOR OFFICE USE ONLY: ~~~ • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. CF: f W A T~ Michael F. Easley, Governor Ci 9 ~ Q William G. Ross Jr., Secretary ~ North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director © ~ Division of Water Quality May 4, 2006 NBR# 06-088 Wilson County B. Scott Mitchell Environmental Consulting 5601 Maggie Run Lane Fuquay-Varina, NC 27526 Attn: Mr. Scott Mitchell BASIN: Neuse River X (15A NCAC 2B .0233) Complaint NOV Incident # Project Name: London Church Road Site Buffer Determination X l Call Location/Directions: located off of London Church Rd. Site across from the intersection of London Church Road and Upchurch Road south of Lake Wilson. Subject Stream: UT to Toisonot Swamp Date of Determination: 3122/06 Feature(s) Not Subject Subject Start @ Stop @ Stream Form Pts. Soil Survey USGS Topo A X Approx.201inear feet upstream from large tree on the most southern roe line X B X X X Explanation: The feature(s) listed above has or have been located on the Soil Survey of Johnston County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property, Features that are chocked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams other streams located on your properly that do not show up on the maps referenced above but, still ~ Caro "d ~atural~~y North Carolina Division of Water Quality Raleigh Regional Qffice Surface Water Protection Internet h2o.enrstate.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 Tar-Pamlico (15A NCAC 2B .0259) Phone (919) 791-4200 Customer Service FAX (919) 571-4718 1-877.623-6748 An Equal OpportunitylAffirmative Action Empbyer- 5096 Recycaed110% Post Consumer Paper London Church Road Property 5/4/2006 Page 2 of 2 maybe considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly ,DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolfna General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404!401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, ~.rYr~.. c~ ~rJl,w---- Michael Horan Environmental Spec. I CC: Jamie Shern-US Army Corps of Engineers, Raleigh Regulatory Office Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 File Copy Central Files Na" Carolina ~urallr~ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877.623-6748 An Equal OpportunitylAffirmativeRction Employer - 50°k Recycled110°~ Post Consumer Paper a s ~/'~ ~. Y r ~ LL _.. _ ~' •~ N s i w Q .~ 3 t Q -~- _ _ _ r_ ~-_-.. r. =_ ~:^' ,~ " •, ~ ~ ~ _.~-- • ~' ~~ J . ~`_ ~: ...___ ,~ ~ ~.~; ~:~ .~: .~ ~ ~:~. ,~. .~ ~~ _ .~•',~ ~. Q ~M • 4 ~.. ~~. J -;- J • ~i ~ r . _ 4 . ~ ~ ~ ~- ^"?~ -mac- yw t ~?_ '`BRA V~`~w~`d.... '. -' ~.. .~` ~ 1 .. ~' --'s~41 ~ - ! +$ "P~ .. vim.. ~ ,~ J ~ ~' ~~' ~' ;W,r~ -.=w.a, i _. ~ § ~ ~ ~'°w ~ ~ ice„ ' `~ a. ,+ Y,: ~` ~ a5 ~ .~ e ,. ~ °"+~~ .: ~ _. ': ._.. _ 11 \ ~ fix' :> ." s i - ~` - n~ f l ~ ~" .Mr• `y L yt. ~ ' ~ jf ~, ~ .~~, : ~ '~ ~ ""' .~ ~ ~~ ~ ~1 ,. ~' t •~ v _ ~ "~ ~..S. ~ - ~'• ' 1 ~ Ate'.. t m~~~ ~ ~ '~~ ~ '~ ~~~§ ~- L, x ~ 4..., .wr"" "_ ?pew _, ~'%'tv $ ~~ ~~;. Y i ~ i^"^^"'y'I'~..~w'#~ ~kS.z~Y ~~ ,4'ug 02 06 05:04p Don ~-1izelle 919-577-6892 p.1 AuG t)Z,Z~06 11:20A B. Scott Mitct:el 577G675 P89e 2 B. Scott 1Vlitc~ell Environmental Consulting AGENT AUTHORIZATION FORM A].L )3[ANKS TO tfl: FILLED iN ttY C'URRF.N't' LAIVDQW:~fER t~ttrne: ~ fa~'>a',•c( L-~»~( Co.~,,~cb.,y ~ 1 ~c ndar~ss: ~o anX ~~~r, Project Nameil)escription: ~,.,.G.~. ~,rj~ S ,hdlu -'s.'v.n 'I~he Department of the Army US Atmy Corps of !~.ngineers V-'iltnirtgton District YU Box 184(1 V1~'ilmington, NC 2$402-1890 1~ Attn: _ /'I S. JlGrn _ _. /~/fAnyr cle Field C)tfice:_~~[r;~,~, ~~a,.1~~~~ Rc: Wetlands Related C-:oasultiJn`g&`-Ycrcnitting T~ Whcnn It ?v[uy Concern: I, the current propeR)• owner, hereby designate anclauthorire ti. Suttt Mitchell f'.nv9mnmentat Ctxtsultiag to act en ttty behalEas my agent in the processing of permit applications, w fumislt upon request supplctncntal information in support of applications, etc., from this day foruvard. This the: Zti~ dayot' ~,,c~K ~ ?•at~~ This notification super~eedi.s taty previous correspondetx~ coneernit~ the agcJtt ibr this pn~ject. ~ ~~ ~ ~~ _ ('RtNT Owr~.-r's Naruc; RQPERTY er's , ure Lc: 1~ts. Cy~tdi Karoly NCbE'~tR - Divis;iem of Water Quality ~A] Watldruis CJnit ICSO Mail Service Center Raleiiglr, KC 27699-1650 bU2 Lust ~icurlelny Slrret, Suite ]US Fuyuuy Ycrri-ra, North Carollrra 7752b O~Jicr: 919-557-4681 Ficra: 919-557-~bA3 Mnhilt: 91 Q-66S~-U3Z9 AUG 02,2006 04:51P 919 577 6892 page 1 :~~~ _ i ~; ~ ~~ ~ i i N ~. ~i ~_ -` _ - ____._~___ s, ~ ~ w - - ~ . ~~ a ~ •. ~ •~ ~~. J a ~ \. _ _ - - .- ~. 1 '~ - r • ~' ' • E ~~. • .,, ~~ • -~-,. 3- ~ ~ ~ :. • 1~ ~ ~ '~ Ci.: 1 ' ,r i ~ 'v :I l is /f ~ ~~ ~ ~ t ~ ~ ~ ~ « ~'~ ,ice q • /~~ ~ •• ~ ~s ~ .. ~. ~ ,(.(~ ` C r ~ ~ 4 v ~ ~ ~ ~.~ ~ / _ _ Cr l r ~~` ~~ ,; r~ ~~( . , ~. ~ 1 ~ x .~ _. ~:- ~y 1' f CC ~ -- ~-~ '" i ~ ` Q. t ~. ~ _ ~, _,' 'q ~ /~ 1 I ~ \ }/ _ •~ a ,.. ~ _. ,~ air ~ / S, ~ - ~, ~ _.! ~ ~. ~F _ 1~. f ~~. .. I ~ w ~~,. `- ~i ~-,~ . ~~ _ , , .. 7 .. ~,.:i `'~ 1 a;^ ~_ C _ < ~.~+ i .,6 Y~ ry Ijj s•_ ,. .... ~4 ~ y L/ i _ i "~ ~ ~ Y i ~ ~ j ~ y ~ _ t a k-~ x ~ ~ n' \ f -~ ~ e~-:. 4 =-J1 ~ _• •~ `~~` ~` ~, ~,~.,~ _~ ,. ~ ` ~ i j ... _ .r-~ .. tom' '~~•~~ y z: ~ ,.k.+. ~; i 4 . 111 ~ E .~ 4 ~~ ~~ Y 4 ~, . ~'> `- .. ., _..- ~ ~ N ~~• s ~': Y i a.,~ .. , f ~I Tc~p~~Lun~ -The VVeb'S Topographic MaP ('age 1 of 1 - =K~O~Z0f1e _ - _, -~ ~ I r. ~ ,cr : ~. •. ~~ - - ~-Ylr- - - - - - - f i~s~- _- f - - - .~ - - - - - - -~ - - - - - - - - - - ~ - ~1 ,a' ~ _ -. I 1 rP - ` `.~, ' • (1;3,1; ~„ .> Cem ` ~ ~(~rOQ.arn~td>; - -- ~ t I n _- . 1 , I __~ .. i _ -- - ti~ r- 1 ~ f ': _ r - ___ • ~~~ '~ r -_ p • s ~ I ~'r . ~'. ~ :33~} 1 • .,sue- w-": _ ~_ ..~ I ``r• ~` ~ l - 1 _- _ I • 1, _ ~ I r-- -' •j - - : :.. ~ t -- z /~, t ~\q. +- -_-_-- - ~ -- - -_. __ 1 f' i j ~ 1 __ - J ~~- • ,. ;~..~ ~ ~ chi 1 I ~' ~ ~_i: 1 ~ :~ I t ti . C_ I 1 ~ 1 - -' s.e ak V V.S V.b V.y 1.Z 1.a Km 4 0.2 0.4 0.6 0.8 1 mi Map center is UTM 18 237382E 3963342N (WGS84/NAD83) Winstead Crossroads quadrangle ~:I_-9.374 Projection is UTM Zone 18 NAD83 Datum i, - - L . ? 35 °7 79 i ° rv ~ -~ ~~ v ~~ ° v~; http://wwtiv.topozone.com/print.asp?~18&n=3963342&e=237382&size=l&datum=nad83 6/15/2006