Loading...
HomeMy WebLinkAbout20051592 Ver 1_Complete File_2005081901-11-'06 14,27 FROM-Div of Water Quality 3367714630 T-130 P0042/004 F-307 V) , lVC»m l.arcinna i)(-parn titm m r'.nvrl l ninium arlU iNmut al (\GSV UtVCS 'i flan W Klimek, P.F. Bitectc•r Division of' Vvatcl Quality October 4, 2005 DWQP 05-t592 Davidson County Nlr. Pe1Ty Kairis City of HT11 Point P. 0. Box 230 High. Point, NC 27261 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear N1r. Kairis: The City of High Point has our approval, in accordance with the attached conditions, to place permanent fill in 120 linear feet of perennial stream and to place temporary fill in 0.645 acre of forested wetlands in order to install a gravity sewer line along Payne Creek in Davidson County, as described in your application received by the Division of Water Quality (DWQ) on August 19, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3374, which can be viewed on our web site at http•//h2o.enr.state.nc.us!newetlands. This Certification allows you to use Nationwide Permit Number 12 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non.-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A_ NCAC 21-1 .0506 (h). llor this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of the Certification are met. No other impacts, including incidental impacts, are approved: _ Arnount Approved _Plan Location or Reference Streams 120 linear feet Payne Creek, beginning --1,200 linear feet downstream of Chestnut Drive and ending 3,200 linear feet upstream of Chestnut Drive, in Davidson County or•? NorthCarolmz NVatural(y Nor.h Carolina Nvi;ion of Watcr Quality vhllands Certification Unit 1650 Mail service Center Raleigh, NC 27699-1650 Phone (919) 732-1786 PAX (919) 733-2496 2321. Crabtree Blvd. Raleigh, NC 27604-2260 Interivt hUjj :h2o enr.stale x uslrrnell::nds Customer Service.1,lumber: 1-877-623-6748 An Equal OpprrtUmly;Af6rmative. Action Employer- 501% Recycledl10% Post Consuruer Paper JAh1-11-2006 l•JED 13:27 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 t 01-11-'06 14:281 FROM-Div of Water Quality 3367714630 October 4, 2005 T-130 P003/004 F-307 Amotuit Approved Plan Location or Reference ???Vetlands 0.645 acre Payne Creek, beginning 1,200 linear feet downstream of Clestnut Drive and ending --- 3,200 linear feet upstream of Chestnut Drive, in Davidson County 2. Soft bank stabilization methods, such as the use of erosion control matting and the planting of appropriate f round cover, shall be utilized to the maximum extent practicable. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to it depth sufficient to provide the thickness of riprap required for scour protection. `fhe elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result itt destabilization of the strcambed or banks upstrearn or downstream of any crossing. 3. In any area where the construction corridor must be installed parallel to and closer than 10 feet to a stream channel, appropriate sediment and erosion control measures, which equal or exceed those outlined in the inost recent version of the North Carolina Sediment and Erosion Control Planning and Design X/anual or the North Carolina Surface Alining rblanual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is Tn.ore appropriate, shall be designed, installed and maintained properly to assure compliance at all tintcs with the North Carolina water quality standards that are applicable to Class C waters as described in 1511 AICAC 02B.0211 Fresh Swface Water Quality Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. 't'hese measures must be maintained on all construction sites, borrow sites, an.d waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 4. Permanent, maintained access corridors shall be restricted to it maximum width of 20 feet, including manhole locations and vehicle turnaround areas. 5. Where joints must be placed in sewer lines within the foot print of the stream channel at crossings having topographic and bedrock constraints, the jointed section shall either be completely enclosed in a steel encasement pipe scaled at both ends, for aerial crossings, or encased in concrete from ban]< to bank, for buried crossings. 6. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters uniil it has cured. 7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Along with the Certificate of Completion for»i, please send photographs upstream and downstream of each stream-crossing site to clocionent correct installation. JAN-11-2006 WED 1:3:27 TEL:9197336893 1AAME:DWQ-WETLAhtDS P. 3 t 01-11-'06 14;23 FROM-Div of Water Quality 3367714630 T-130 P004/004 F-307 October 4, 2005 if you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which confonns to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winton-Salem Regional Office at 336-771- 4600 or lan Mc iillan in the Central Office in Raleigh 919-715-4631. Sincerely, Alan W. Klimck, P.E. AWK/cdl Attachments ce: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Randy McNeill, Davis-Martin-Powell and Associates, 6415 Old Plank Road, High Point, NC 27265 JAN-11-2006 WED 13:28 TEL:9197336893 NAME:DWQ-WETLANDS P. 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Mr. Perry Kairis City of High Point P. O. Box 230 High Point, NC 27261 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Kairis: Alan W. Klimek, P.E. Director Division of Water Quality October 4, 2005 DWQ# 05-1592 Davidson County The City of High Point has our approval, in accordance with the attached conditions, to place permanent fill in 120 linear feet of perennial stream and to place temporary fill in 0.645 acre of forested wetlands in order to install a gravity sewer line along Payne Creek in Davidson County, as described in your application received by the Division of Water Quality (DWQ) on August 19, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3374, which can be viewed on our web site at http://h2o.enr.state.ne.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 12 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of the Certification are met. No other impacts, including incidental impacts, are approved: Amount Approved Plan Location or Reference Streams 120 linear feet Payne Creek, beginning -1,200 linear feet downstream of Chestnut Drive and ending - 3,200 linear feet upstream of Chestnut Drive, in Davidson Count N r hCarolina Altura!!y North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet htto//:h2o.enr.state.nc.us/ncwetlands Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/100/6 Post Consumer Paper .\ir. Perry Kairis Page 2, DWQ# 05-1592 October 4, 2005 Amount Approved Plan Location or Reference Wetlands 0.645 acre Payne Creek, beginning 1,200 linear feet downstream of Chestnut Drive and ending - 3,200 linear feet upstream of Chestnut Drive, in Davidson County 71 2. Soft bank stabilization methods, such as the use of erosion control matting and the planting of appropriate ground cover, shall be utilized to the maximum extent practicable. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing. 3. In any area where the construction corridor must be installed parallel to and closer than 10 feet to a stream channel, appropriate sediment and erosion control measures, which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in 15A NCAC 02B .0211 Fresh Surface mater Quality Standards For Class C haters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 4. Permanent, maintained access corridors shall be restricted to a maximum width of 20 feet, including manhole locations and vehicle turnaround areas. 5. Where joints must be placed in sewer lines within the foot print of the stream channel at crossings having topographic and bedrock constraints, the jointed section shall either be completely enclosed in a steel encasement pipe sealed at both ends, for aerial crossings, or encased in concrete from bank to bank, for buried crossings. 6. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. 7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands unit of the NC Division of Water Quality upon completion of the project. Along with the Certificate of Completion form, please send photographs upstream and downstream of each stream-crossing site to document correct installation. Mr. Perry Kairis Page 3, DWQ# 05-1592 October 4, 2005 If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4600 or Ian McMillan in the Central Office in Raleigh 919-715-4631. Sincerely, Alan W. Klimek, P.E. AWK/cdl Attachments cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Randy McNeill, Davis-Martin-Powell and Associates, 6415 Old Plank Road, High Point, NC 27265 Triage Check List 8/22/05 L UP [ -::i fi=r L Y k ? s3 a; ? t ? Date: Project Name: City of High Point Lower Kindergarden Outfall DWQ#: 05-1592 Daryl Lamb, Winston-Salem Regional Office County: Davidson To: 60-day processing time: 8/19/05 - 10/17/05 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! INEMM DAVIS-MARTIN-POWELL & ASSOCIATES, INC. ENGINEERING • LAND PLANNING • SURVEYING 6415 Old Plank Road, High Point, NC 27265 M P (336) 886-4821 • Fax (336) 886-4458 • www.dmp-inc.com 2 00 5? 5 92 PAYMELNT August 15, 2005 RECEIVED Re: City of High Point Lower Kindergarden Outfall Replacement DMP Project E-3708 (BF) Mr. John Dorney Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Mr. Dorney: On behalf of the City of High Point, we have enclosed seven (7) copies of the enclosed "Pre- Construction Notification Application" along with check no. 027605 in the amount of $200.00, for a proposed sewer line installation. The proposed sewer line will cross five (5) sections of Payne Creek and one (1) section of an unnamed tributary to Payne Creek. Five (5) areas of wetlands will also be impacted along sewer line route with the total impact less than one (1) acre. We have enclosed two (2) copies of the USGS quad sheet section for this location with stream and wetland impacts identified, two (2) copies of the Wetland and Upland Data Forms for this project and two (2) sets of civil drawings for the proposed work. This project was previously permitted in October 1996, however the project was never constructed. A copy of the previous approval is also enclosed. We trust this information will allow you to make a thorough and timely review of this project. If you have any questions or require additional information, please call me. We appreciate your assistance with this matter and look forward to hearing from you. Sincerely, DAVIS-MARTIN-POWELL & ASSOCIATES, INC. Michael Goliber, PE C: Perry Kairis (enc) File (enc) %191 A? G ? ? 2005 pEtlfi - itiATIER QUALITY „eTl S?{Ua I?• EU ST.: A(/C; 9 2005 > DF??h ? p T?J?GSgp,p3?pRtifN ERA ?'VCy OF N ILL W ATF9 QG r Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.usace.anny.mil/wetlands/Perm app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. l f • t .1`, lr ?'l F * I '0051-592 t" r is r" Page 1 of 12 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.anny.mil/wetlands/nwpfinalFedRea.12df. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly.state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham. Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763 Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National IV, US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 12 Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 452-7772 t CAMA and NC Coastal Counties Beaufort Chowan Hertford Pasquotank Bertie Craven Hyde Pender Brunswick Currituck New Hanover Perquimans Camden Dare Onslow Tyrrell Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Alleghany Caldwell Watauga Ashe Mitchell Wilkes Avery Stokes Burke Surry Buncombe Henderson Polk Cherokee Jackson Rutherford Clay Macon Swain Graham Madison Transylvania Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4. Page 4 of 12 -- liC?,Lt''yfC Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2 0 0 5 1 5 9 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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), ch ck herre: ? ((??? ??n II. Applicant Information D AUG 1 9 2005 1. Owner/Applicant Information Name: City of High Point WAIF?f 14 Mailing Address: PO Box 230 "" RffiYATER SRWN High Point, North Carolina 27261 Telephone Number: 336-883-3166 Fax Number: 336-883-1675 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: Randy McNeill Company Affiliation: Davis-Martin-Powell and Associates Mailing Address: 6415 Old Plank Road High Point, North Carolina 27265 Telephone Number: 336-886-4821 Fax Number: 336-886-4458 E-mail Address: rmcneilKDdmp-inc.com Page 5 of 12 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: City of High Point, Lower Kindergarden Outfall Improvements 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Davidson Nearest Town: High Point Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Project area located along Payne Creek beginning approximately 1200 linear feet (LF) downstream of Chestnut Dr. and ending approximately 3200 LF upstream of Chestnut St. 5. Site coordinates, if available (UTM or Lat/Long): See Attachment No. 1 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Nearest body of water (stream/river/sound/ocean/lake): Payne Creek 8. River Basin: Yadkin (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/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: The project corridor is mainly wooded/forest area with sparse residential throughout Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will consist of installation of a new sewer outfall to replace the existing undersized/deteriorating outfall. Pipeline installation will be via trenching methods utilizing track mounted excavators and dozers. All proposed channel crossings will be stabilized immediately upon crossing and wetland areas crossed will be returned to pre-construction grades and seeded w/native vegetation species. 11. Explain the purpose of the proposed work: The replacement of the existing outfall which has surpassed it's useful life (both in capacity and condition). 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 pen-nits 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. See Attachment No. 2 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. None anticipated 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intennittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Installation of gravity sewer via Page 7 of 12 open-cut method. Streams will be stabilized upon completion of sewer installation & wetlands will be restored to natural grade and allowed to reve2etate by natural means. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** KB Excavation 0.0740 Yes 45 Forested Wetland KC Excavation 0.0945 Yes 39 Forested Wetland KD Excavation 0.1410 Yes 22 Forested Wetland KE Excavation 0.1469 Yes 23 Forested Wetland KF Excavation 0.1879 Yes 40 Forested Wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at littp://www.feina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 0.6443 acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma) (linear feet) Before Impact (please secif 1 Excavation/ 20 Tributary to Payne 18 Perennial Stabilization Creek 2 Excavation/ 20 Payne Creek 30 Perennial Stabilization 3 Excavation/ 20 Payne Creek 25 Perennial Stabilization 4 Excavation/ 20 Payne Creek 25 Perennial Stabilization 5 Excavation/ 20 Payne Creek 6 Perennial Stabilization 6 Excavation/ 20 Payne Creek 8 Perennial Stabilization * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 120 L.F. Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): Size of watershed draining to pond: Expected pond surface area: 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. Reouired stream crossings are proposed to be made as near perpendicular as possible and alignments have been shifted where possible to minimize wetland impacts. . 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No N 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 N 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 N 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No N If you answered "yes", provide the following information: 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 3 2 1.5 Total * Zone I extends out 30 feet perpendicular tiom near bank of channel; Gone G extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. i XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. 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. Proposed project is replacement of existing outfall with ultimate treatment at the City of High Point's Westside WWTF. 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. 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). Z Applic%'nt/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ja?l R ? ? ? ?'-? ?? '' /?^ •) ?- ? it ' ? ?? ? 1 ? - - `L t r ? PIS- T `} v t-? ?f??l?? ?`???1??i %'?\V ? lfi ?l(r?' ??????? )'?i? 5 `?f'"' J?/? k ???? f",IT ???7 ? ? J? f ? .> ?, s ?;, DAVIS-MARTIN-POWELL & ASSOCIATES, INC CITY OF HIGH POINT, NC LOWER KINDERGARDEN OUTFALL IMPROVEMENTS IMPACTED STREAMS & WETLANDS SITES VICINITY MAP Attachment 1 Stream Site Coordinates Stream Impact Site Station Stream Latitude Longitude Number Tributary to Payne ' 1 10+97 to 11+20 84°12 30" 78006'15" Creek 2 39+28 to 39+60 Payne Creek 84°44'10" 78°28'20" 3 42+29 to 42+60 Payne Creek 84046'65" 78°40'50" Tributary to Payne 4 47+10 to 47+57 84°50'25" 78°46'65" Creek 5 55+13 to 55+46 Payne Creek 84°55'13" 78°50'25" Tributary to u Payne 6 56+13 to 56+43 84°57'68" 78048'01" River D DAVIS-MARTIN-POWELL ASSOCIATES Stream Site Coordinates E3708 - 7/29/2005 ATTACHMENT NO. 2 The proposed project, originally designed in 1995-1996, received USACE and DWQ approval in 1996. The original applications were submitted under 1996 cover and approved by the respective agencies as follows (approvals attached): US Army Corps of Engineers November 1, 1996 Action ID 199700099 Division of Water Quality October 18, 1996 . DWQ Proj # 960985 The originally designed project was not built for economic reasons. A few minor changes have been made to the alignment from the previously permitted alignment due to easement restrictions. The changes that have been made were done in a manner to minimize impacts to wetlands and stream crossings. f U.S. ARMY CORPS OF ENGINEERS --!C WILMINGTON DISTRICT Action ID. 199700099 County Davidson GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent City of High Point Address Post Office Box 230. Hi0h Point. North Carolina'` 27261 Telephone No. 910 883-3167 Size and Location of project (waterway, road name/number, town, etc.) City of High Point Kool Pool and Kindergarden sewer outfall easement located from Canterbury Road to Burton Avenue (S.R. 1784) including the Corbett sewer outfall easement located from Nottingham Drive to Allen Drive . adjacent to Payne Creek near High Point in Davidson County North Carolina. Description of Activity Proposed sewer outfall project resulting in less than an 0.42 acre of impacts to the jurisdictional waters of the Payne Creek. X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. NWP 12 Nationwide Permit Number. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. / Regulatory Project Manager Signature 4 )- Date November 1. 1996 Expir tion Date. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. -f9 State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality JamesB. Hunt, Jr., Govemor Jonathan B. hbwes, Secretary ID FE H N F1 A. Presto n Howard, Jr., P.E., Directo r October 18, 1996 Davidson County DWQ Project # 960985 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS City of High Point P.O. Box 230 High Point, NC 27261 Dear Sirs: You have our approval to place fill material in 0.42 acres of wetlands or waters for the purpose of constructing the Kool Pool, Kindergarten and Corbett outfalls in High Point, as you described in your application dated 9 October 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3022. This certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Applicant is reminded that stream crossings should be perpendicular. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non- Discharge and Water Supply Watershed regulations. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.' You must act within 60 days of the date that you receive this letter. To ask for a bearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Pr ston Howard, Jr. P.E. Attachment i cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office Mr. John Domey Central Files Keliy'Hayes; Davis=Martin=Powellarid Associates; 960985.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lower Kindergarden Outfall Replacement Date: 515105 Applicant / Owner: County: Davidson Investigator: Jessi O'Neal, Robert J. Goldstein & Associates, Inc. State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Bottomland Hardwood Is the area a potential problem area? Yes No x Swamp (explain on reverse if needed) Transect ID: Wetland KA, KB, KC. KD, KE, KF, KG, KH VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer negundo tree FACW 9. Lonicera japonica vine FAC- 2. Fraxinus pennsylvanica tree FACW 10. Toxicodendron radicans vine FAC 3. Platanus occidentalis tree FACW- 11. Boehmeria cylindrica herb FACW+ 4. Acer rubrum tree FAC 12. Geum virginianum herb FACW- 5. Liguidambar styraciflua tree FAC+ 13. Violapanilionacea herb FAC 6. Ligustrum sinense shrub FAC 14. Impatiens capensis herb FACW 7. Acer negundo shrub FACW 15. Galium tinctorium herb FACW 8. Cornus amomum shrub FACW+ 16. Carex vulpinoidea herb OBL Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 94 Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. 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" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: (in.) x Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Chewacla loam Drainage Class: somewhat poorly drained Taxonomy (Subgroup): Fluvaquentic D shpt Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) ( Munsell Moist) Abundance/Contrast Structure, etc. 12 2.5Y 511 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: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Is the Sampling Point Wetland Hydrology Present? Yes x No Within a Wetland? Yes x No Hydric Soils Present? Yes x No Remarks: Location is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lower Kindersarden Outfall Replacement Date: 515105, 5/6/05 Applicant / Owner: County: Davidson Investigator: Jessi O'Neal, Robert J. Goldstein & Associates, Inc. State: NC Do normal circumstances exist on the site? Yes x No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Mesic Mixed Hardwood . Is the area a potential problem area? Yes No x Transect ID: Wetland (explain on reverse if needed) KA, KB, KC, KD, KE, KF, KG, KH VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Liriodendron tulipifera tree FAC 9. Lonicera japonica vine FAC- 2. Quercus alba tree FACU 10. Toxicodendron radicans vine FAC 3. Ouercus falcata tree FACU- 11. Polystichum acrostichoides herb FAC 4. Acer saccharinum tree FACU- 12. Hexastylis arifolia herb FAC- 5. Carya ovata shrub FACU 13. Vitis rotundifolia vine -FAQ 6. Fa ugs Qrandifolia shrub FACU 14. Polygonatum biflorum herb FAC- T. Viburnum acerifolium shrub FACU 15. Podophvllum peltatum herb FACU 8. Cornus florida herb FACU 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 27 Remarks:. Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are not Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: (in,) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: (in.) _ FAC-Neutral Test - Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Chewacla loam Drainage Class: somewhat poorly drained Taxonomy (Subgroup): Fluvaquentic Dystrudept Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseli Moist) Abundance/Contrast Structure, etc. 12 10YR 4/4 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: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No x Is the Sampling Point Wetland Hydrology Present? Yes No x Within a Wetland? Yes_ No x Hydric Soils Present? Yes No x Remarks: Location is not classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. EiN!T. RECEIVED n 0 0 5 1 5 0 2 R ? OWIR D AUG 1 9 1005 DENK - WMER QkMLITY tNETLANCS AND STGTwml ER BUNCH 0 of WA7-9 QG 77 Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.usace.army.mil/wetlands/Perm app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.anny.mil/wetlands/reZour.htm, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/newetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator.(listed by county on page 4 of this application) prior to submittal of the application. Page 1 of 12 Coastal Area Management Act (LAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General pen-nits. To review the minimum amount of information that must be provided for a, complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwl2finalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies, of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required. or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwctlands/fees.litml. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabam?s Graham. Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 2514511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763 Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 Telephone: (252) 728-5090 Page 3 of 12 Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 452-7772 T CAMA and NC Coastal Counties Beaufort Chowan Hertford Pasquotank Bettie Craven Hyde Pender Brunswick Currituck New Hanover Perquimans Camden Dare Onslow Tyrrell Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Alleghany Caldwell Ashe Mitchell Avery Stokes Burke Surry Buncombe Henderson Cherokee Jackson Clay Macon Graham Madison Haywood McDowell Watauga Wilkes Polk Rutherford Swain Transylvania Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4. Page 4 of 12 Drl?t"•!"` r 'v LL Office Use Only: 2 Q O 5 Form Version May 2002 1 5 9 2 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 u R@ 12? Lfw19 11 1. Owner/Applicant Information AU(i I :) LUUn Name: City of High Point Mailing Address: PO Box 230 rm"Ivw., rc!= High Point, North Carolina 27261 Telephone Number: 336-883-3166 Fax Number: 336-883-1675 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: Randy McNeill Company Affiliation: Davis-Martin-Powell and Associates Mailing Address: 6415 Old Plank Road High Point North Carolina 27265 Telephone Number: 336-886-4821 Fax Number: 336-886-4458 E-mail Address: rmcneill-dmn-inc.com Page 5 of 12 Ill. 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: City of High Point, Lower Kinderuarden Outfall Improvements 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN) 4. Location County: Davidson Nearest Town: High Point Subdivision name (include phase/lot,number): Directions to site (include road numbers, landmarks, etc.): Project area located along Payne Creek beginning approximately 1200 linear feet (LF) downstream of Chestnut Dr. and ending approximately 3200 LF upstream of Chestnut St. 5. Site coordinates, if available (UTM or Lat/Long): See Attachment No. 1 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Nearest body of water (stream/river/sound/ocean/lake): Payne Creek 8. River Basin: Yadkin (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/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: The project corridor is mainly wooded/forest area with sparse residential throughout Page 6of12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will consist of installation of a new sewer outfall to replace the existing undersized/deteriorating outfall. Pipeline installation will be via trenching methods utilizing track mounted excavators and dozers. All proposed channel crossings will be stabilized immediately upon crossing and wetland areas crossed will be returned to pre-construction grades and seeded w/native vegetation species. 11. Explain the purpose of the proposed work: The replacement of the existing outfall which has surpassed it's useful life (both in capacity and condition). 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 pen-nits 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 pen-nits issued for prior segments of the same T.I.P. project, along with construction schedules. See Attachment No. 2 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. None anticipated VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, pennanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Installation of gravity sewer via Page 7 of 12 open-cut method. Streams will be stabilized upon completion of sewer installation & wetlands will be restored to natural grade and allowed to.reve2etate by natural means. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** KB Excavation 0.0740 Yes 45 Forested Wetland KC Excavation 0.0945 Yes 39 Forested Wetland KD Excavation 0.1410 Yes 22 Forested Wetland KE Excavation 0.1469 Yes 23 Forested Wetland KF Excavation 0.1879 Yes 40 Forested Wetland List each impact separately 'and identify temporary impacts. 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. ** 100-Year tloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps .(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at littp://www.fema.gov. *?* List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 0.6443 acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma (linear feet) Before Impact leasespecify) I Excavation/ 20 Tributary to Payne 18 Perennial Stabilization Creek 2 Excavation/ 20 Payne Creek 30 Perennial Stabilization 3 Excavation/ 20 Payne Creek 25 Perennial Stabilization 4 Excavation/ 20 Payne Creek 25 Perennial Stabilization 5 Excavation/ 20 Payne Creek 6 Perennial Stabilization 6 Excavation/ 20 Payne Creek 8 Perennial Stabilization * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstreamn named strewn into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Www.useS.ROV. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapduest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 120 L.F. Page 8of12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map). Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): Size of watershed draining to pond: Expected pond surface area: 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. Required stream crossings are proposed to be made as near perpendicular as possible and alignments have been shifted where possible to minimize wetland impacts. 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much infonnation 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. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional infonnation regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: 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 Miti ration 1 3 2 1.5 Total * Zone 1 extends out 30 teet perpendicular trom near bank of channel; Gone G extenos an additional 20 feet from the edge of Zone I. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. 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. Proposed protect is replacement of existing outfall with ultimate treatment at the City of High Point's Westside WWTF. 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. 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 pen-nits. 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). ?/?/6s_ Appli ant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ? (?? , ? ( ? `,ti. ? ? , L ? Ito ? ??, , ?,,, • ?J•?`? ? ? (( r?t?: ??-'?? ('?.? ?f/,??? I l?? ? ? r .? mss, I p i&A ?o ?k W3 1%? ?'K I a - i d ,w+y6 ?? i %% 1?, /r 'n . , i {•-•???! 1\ 1\J /.•(`,`t ;%' r ! -?,'? -..?,,f 7r1 ?l`'l,? 1 l t ; R f: li ?? ! 1 _/?? ?! % Nl',y,?! ? !!{ ?,? ,r ?? ?(t?. Jr ? ?? 1?..` •" ''Itil ?.\? . ?• ti"ti? ', ^^- ?.`-'11?? ?'!j+??11((??`+l/I' ?111? 1tt?T?((1 i,?'?_??'1?? J-? `/???`ir..`,71--_?rt??l,?';?J?? 3?airy r• ,, ? ,:A ?'+?'..? +t '? ??/L ..' ?? ' ?'•l,? 4/ ' .? I? ? i,??it?? ??%ir(_ ?, J tr??.?Y?l(/ ) ?S• ) / ?r7)? ??`I-? ?, (//? ?. ? C?J'7 ? ?: "" I4'?.??I' ??/ ?/'•? +/ %" DAVIS-MARTIN-POWELL & ASSOCIATES, INC CITY OF HIGH POINT, NC LOWER KINDERGARDEN OUTFALL IMPROVEMENTS IMPACTED STREAMS & WETLANDS SITES ' mp VICINITY MAP COME= I Attachment 1 Stream Site Coordinates Stream Impact Site Station Stream Latitude Longitude Number 1 10+97 to 11+20 Tributary to Payne 84°12'30" 78°06'15" Creek 2 39+28 to 39+60 Payne Creek 84°44'10" 78°28'20" 3 42+29 to 42+60 Payne Creek 84046'65" 78°40'50" Tributary to Payne ' " 4 47+10 to 47+57 84050 25 78°46'65" Creek 5 55+13 to 55+46 Payne Creek 84055'13" 78°50'25" Tributary to Payne 6 56+13 to 56+43 a 84 57 68 o „ 78 48 O1 Dee River DAVIS-MARTIN-POWELL ASSOCIATES Stream Site Coordinates E3708 - 7/29/2005 ATTACHMENT NO. 2 The proposed project, originally designed in 1995-1996, received USACE and DWQ approval in 1996. The original applications were submitted under 1996 cover and approved by the respective agencies as follows (approvals attached): I US Army Corps of Engineers November 1, 1996 Action ID 199700099 Division of Water Quality October 18, 1996 DWQ Proj # 960985 The originally designed project was not built for economic reasons. A few minor changes have been made to the alignment from the previously permitted alignment due to easement restrictions. The changes that have been made were done in a manner to minimize impacts to wetlands and stream crossings. J U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT. Action ID. 199700099 County Davidson GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent City of High Point Address Post Office Box 230. High Point. North Carolina` 27261 Telephone No. .910883-3167 Size and Location of project (waterway, road name/number, town, etc.) _ City of High Point Kool Pool and Kindergarden sewer outfall easement located from Canterbury Road to Burton Avenue (S.R. 1784) including the Corbettsewer outfall easement located from Nottingham Drive to Allen Drive . adjacent to Payne Creek near High Point in Davidson County North Carolina. Description of Activity Proposed sewer outfall project resulting in less than an 0.42 acre of impacts to the jurisdictional waters of the Payne Creek. X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. NWP 12 Nationwide Permit Number. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Regulatory Project Manager Signature S Date November 1. 1996 Expir tion Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. %9-IT1 State of North Carolina Department of Environment, 009?E Health and Natural Resources 1 0 • Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Ho w e s, Secretary ®FE ?--? N F1 A. Preston Howard, Jr., P.E., Director' October 18, 1996 Davidson County DWQ Project # 960985 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS City of High Point P.O. Box 230 High Point, NC 27261 Dear Sirs You have our approval to place fill material in 0.42 acres of wetlands or waters for the purpose of constructing the Kool Pool, Kindergarten and Corbett outfalls in High Point, as you described in your application dated 9 October 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3022, This certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Applicant is reminded that stream crossings should be perpendicular. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non- Discharge and Water Supply Watershed regulations. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a bearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Pr stop Howard, Jr. P.E. Attachment ' i cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston=Salem DWQ Regional Office Mr. John Dorney Central Files Kelly Mayes, Davis Nlar;d Powell. and.Associates 960985.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX TM 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands. Determination Manual) Project 1 Site: Lower KinderQarden Outfall Replacement Date: 515105 Applicant / Owner: County: Davidson Investigator: Jessi O'Neal, Robert J. Goldstein & Associates, Inc. State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Bottomland Hardwood Is the area a potential problem area? Yes No x Swamp (explain on reverse if needed) Transect ID: Wetland KA, KB, KC, KD, KE, KF, KG, KH VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer negundo tree FACW 9. Lonicera japonica vine FAC- 2. Fraxinus pennsylvanica tree FACW 10. Toxicodendron radicans vine FAC 3. Platanus occidentalis tree FACW- 11. Boehmeria cylindrica herb FACW+ 4. Acer rubrum tree FAC 12. Geum virginianum herb FACW- 5. Liquidambar styraciflua tree FAC+ 13. Viola papilionacea herb FAC 6. Ligustrum sinense shrub FAC 14. Impatiens capensis herb FACW 7. Acer negundo shrub FACW 15. Galium tinctorium herb FACW 8. Cornus amomum shrub FACW+ 16. Carex vulpinoidea herb OBL Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 94 Remarks: Wetland Veget ation Present Based Upon Greater than 50% of the Plant Species are Classifi ed as FAC-OBL in the National List of Plant Species that Occur in Wetlands. 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" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: (in.) x Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Chewacla loam Drainage Class: somewhat poorly drained Taxonomy (Subgroup): Fluvaquentic Dv strudept Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 12 2.5Y 5/1 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: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Is the Sampling Point Wetland Hydrology Present? Yes x No Within a Wetland? Yes x No Hydric Soils Present? Yes x No Remarks: Location is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lower Kindergarden Outfall Replacement Date: 5/5/05, 516105 Applicant / Owner: County: Davidson Investigator: Jessi O'Neal, Robert J. Goldstein & Associates, Inc. State: NC Do normal circumstances exist on the site? Yes x No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Mesic Mixed Hardwood . Is the area a potential problem area? Yes No x Transect ID: Wetland (explain on reverse if needed) KA, KB, KC, KD, ICE, KF, KG, KH VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Liriodendron tulipifera tree FAC 9. Lonicera japonica vine FAC- 2. Quercus alba tree FACU 10. Toxicodendron radicans vine FAC 3. Quercus falcata tree FACU- 11. Polvstichum acrostichoides herb FAC 4. Acer saccharinum tree FACU- 12. Hexastvlis arifolia herb FAC- 5. Carva ovata shrub FACU 13. Vitis rotundifolia vine FAC 6. Fasus erandifolia shrub ' FACU 14. Polveonatum biflorum herb FAC- 7. Viburnum acerifolium shrub FACU 15. Podophvllum peltatum herb FACU 8. Cornus florida herb FACU 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 27 Remarks:. Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are not Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators - Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: Sediment Deposits - Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: (in.) Water-Stained Leaves - Local Soil Survey Data Depth to Saturated Soil: FAC-Neutral Test Other (Explain in Remarks) Remarks: C -, SOILS Map Unit Name (Series and Phase): Chewacla loam Drainage Class: somewhat poorly drained Taxonomy (Subgroup): Fluvaguentic Dystrudg pt Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colo rs Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseli Moist) Abundance/Contrast Structure, etc. 12 10YR 4/4 Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor Organic Streaking in Sandy Solis _ Aquic Moisture Regime Listed On Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Solis List Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No x Is the Sampling Point Wetland Hydrology Present? Yes No x Within a Wetland? Yes_ No x Hydric Soils Present? Yes No x Remarks: Location is not classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. 027605 401 Water Quality Certification City of High Point E-3708 #529 200.00 F@THWIRP AUG i q ZOOS DE14r. - WATER QUALITY WETLANDS AND STORMtiVATER BRANCH