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HomeMy WebLinkAbout20040270 Ver 1_COMPLETE FILE_20040223O? W A Michael F. Easley, Governor p William G. Ross Jr., Secretary O North Carolina Department of Environment and Natural Resources [ Alan W. Klimek, P. E. Director "f Division of Water Quality o ?r Coleen H. Sullins, Deputy Director Division of Water Quality February 24, 2004 Town of Whitakers PO Box 727 302 NW Railroad Street Whitakers, INC 27891-0727 Subject Property: Town of Whitakers Ditch Maintenance, Whitakers, NC White Oak Swamp [03-03-02, 28-78-7-(1), DWQ Project No. 04-0270 Nash County Page 1 of 2 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with ADDITIONAL CONDITIONS To Whom It May Concern: You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 2.1 acres of protected riparian buffers for the purpose of conducting storm drainage maintenance activities along 3,350 feet of modified streams within the Town of Whitakers, as described within your application dated February 18, 2004. This letter shall act as your approved Authorization Certificate for impacts to the protected riparian buffers as per 15A NCAC 26.0259. In addition, we have decided that the stream impacts associated with the multiple pipe replacements depicted on the "Storm Drainage System Map" dated February 19, 2004 are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3376 (GC3376). The Certification(s)."allows you to use Nationwide Permit(s) 3 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, 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 and any additional conditions listed below. Conditions: 1. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. 2. No Waste, Spoil, Solids, or Fill of Any North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands Town of Whitakers, NC Page 2of2 February 24, 2004 No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar- Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, an W. Klimek, P.E., NC DWQ, Director Attachments: Certificate of Completion GC 3376 Cc: Marty Stone, The Wooten Co., 120 N. Boylan Ave., Raleigh, NC 27603 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files DWQ # 040270 Date: February 24, 2004 bz February 19, 2004 Mr. Bob Zarzecki NC DENR/Division of Water Quality THE Wetlands Unit 1650 Mail Service Center W 0 OT E N Raleigh, NC 27699-1650 COMPANY WETLANDS 401 GROUP ---- Re: Buffer Impact Application E N G I N E E R I N G Ditch Maintenance 4 Town of Whitakers, NC >FEB 1 3 1004 P L A N N I N G TWC No. 2744-F A R C H I T E C T U R E? " WATER QUALITY SECTION Dear Mr. Zarzecki: Please find attached seven (7) Pre-Construction Notification (PCN) applications requesting authorization to impact the Tar-Pamlico River Buffer to perform maintenance activities on the Town of Whitakers' main drainage way as we discussed in our February 13'x' meeting in the field with you and Mr. Steve Mitchell (DWQ), representatives of the town, and the contractor. No fee is attached because 404/401 certification is not required to perform maintenance activities on the ditch per Mr. Kevin Yates with the U.S. Army Corps of Engineers. The attached map, prepared by The Wooten Company, represents waters that are subject to 15A NCAC 02B .0259 as determined by Mr. Steve Mitchell out in the field. The purpose of the project is to clean out the ditch outfall (to original dimensions and profile) to provide positive drainage out of the town to help alleviate flooding that is causing safety concerns (water standing in the streets) and water quality concerns (potential sanitary sewer overflows). The work will be completed from 1 side of the ditch utilizing a 20' corridor in wooded buffers that will be re- vegetated and maintained for future maintenance. Trees 5" and greater DBH will be avoided within corridor to the maximum extent practical while still allowing for the maintenance work to be completed. Over half of the work to be completed will be within an existing agriculture field where the buffer is utilized for row crops. Please see PCN application for more details. Should you have any questions or need additional information, please let us know. Sincerely, The Wooten Company 120 North Boylan Avenue ?_Ile Raleigh NC 27603-1423 Marty . Stone, PE 919.828.0531 Enclosures tax 919.834.3589 c: Ms. Gwen Parker, Town of Whitakers Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not AppTic-ablef' 'N/A".) 1. Processing BUFFER ONLY APPLICATION (no fee required) 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: NONE required per Kevin Yates with the Arm Corps of Engineers 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 Owner/Applicant Information Name: Town of Wh Mailing Address: P Whi 1-072 WETLANDS / 401 GR01,,FE13 2 3 2004 Street: 302 NW Railroad Street Whitakers NC 27891 _ _Ur_ Telephone Number: 252-437-4011 Fax Number: 252-437-1720 E-mail Address: townofwhitakers(2aol.com 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: Marty D. Stone. P.E. Company Affiliation: The Wooten Company Mailing Address: 120 N. Boylan Ave. Raleigh NC 27603 Telephone Number: 919-828-0531 Fax Number: 919-834-3589 E-mail Address: mstone a,thewootencompany.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Town of Whitakers Ditch Maintenance 2. T.I.P. Project Number or State Project Number (NCDOT Only): na 3. Property Identification Number (Tax PIN): Town of Whitakers, NC 4. Location County: Edgecombe, Nash Nearest Town: Whitakers Subdivision name (include phase/lot number): na - various outfall ditches Directions to site (include road numbers, landmarks, etc.): See attached map 5. Site coordinates, if available (UTM or Lat/Long):_ See attached map (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): Tributary to White Oak Swamp 8. River Basin: Tar-Pamlico (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: Ditch outfalls need to be cleaned out. Land use varies from residential to partially wooded to agriculture Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The proiect involves the removal of sediment buildup and debris from the main drainage ditch outfall through town to obtain positive drainage When adjacent to agricultural fields and residential yards, sediment and debris will be moved a minimum of 30' from the top bank of the ditch. Within the agricultural fields the sediment will be incomorated by the farmer and existing use will continue. Within residential yards the sediment will be used to fill in low areas and then the area will be seeded. When removing sediment and debris from wooded areas, the material will be loaded into a dump truck and hauled outside the 50' buffer area of state waters to an upland area (no wetlands) and spreadout and seeded Proper erosion control measures (silt fence) will be utilized to protect the surrounding area as needed The banks (side slopes) are to be left alone except for removal of brush (mowing) All work in buffered areas (see map) will be completed from 1 side of the ditch All work in wooded buffered areas will be completed within a 20' corridor starting at the top of the bank and working outward. Within the 20' corridor, impact will be minimized to the maximum by avoiding all trees 5" and greater DBH when possible while still being able to perform maintenance operation. The 20' corridor will be seeded (vegetated) and then maintained for future ditch maintenance. The equipment to be used includes: a mower, track excavator, bulldozer (to spread sediment in designated areas and to finish grade within future maintenance corridor before seeding dump truck and various hand tools 11. Explain the purpose of the proposed work: The purpose of the project is to clean out the ditch outfall (to original dimensions and profile) to provide positive drainage out of the town to help alleviate flooding that is causing safety concerns (water standing in the streets) and water quality concerns (potential sanitary sewer overflows) IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Page 7of13 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. no - The Town plans to maintain the ditches (including mowing access corridor) annually to avoid need of future permits. 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 (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. Provide a written description of the proposed impacts: Propose entering buffer on 1 side of the outfall ditches to cleanout bottom to obtain positive drainage and to mow-banks. The town proposes establishing a 20' vegetated corridor on 1 side of the ditch within wooded buffers to be maintained in the future. Within corridor, town will minimize impacts to the maximum by avoiding trees 5" DBH when possible to still perform maintenance operations with tree(s) present. 2. Individually list wetland impacts below: NONE 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*** * 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 floodplains 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 http://www.ibm i gam. *** 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: na Total area of wetland impact proposed: na Page 8 of 13 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci ) Modified Stream per DWQ - Activity 1 Cleanout does not require (see attached map Sediment and 3 350 Tributary to White Oak 404/401 for ditch outfall Debris, Mowing , Swamp 5 Certification per maintenance) of Banks Kevin Yates with the Army Corps of Engineers T: L. -3L ca?u ,ILPMA scparatc1y anu iuennry 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 U'I (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 WWN'.ISgS.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: 3,350' 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: NONE 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.) T ..L -3L maw uuNau. SUPWatcly MILL wcnuty temporary impacts. impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation NONE If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): na Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): na Size of watershed draining to pond: na Expected pond surface area: na Page 9 of 13 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. To minimize impacts the town met in the field with Mr. Bob Zarzecki and Mr. Steve Mitchell with NCDWQ on February 13th to discuss project approach In general the ditch will be cleaned from 1 side only and the banks are to be undisturbed to the maximum extent practical except for mowing. Within wooded buffers a 20' corridor will be utilized and impacts will be minimized to the maximum extent practical by not disturbing as many trees 5" DBH or greater as possible while still being able to perform maintenance operations See the attached cover letter for details. VIII. Mitigation NONE DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on 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.iie.us/ncwetlaiids/strmgide.htm1. 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, Page 10 of 13 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 (NC WRP). Please note it is the applicant's responsibility to contact the NC WRP 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/wEp/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): na Amount of buffer mitigation requested (square feet): na Amount of Riparian wetland mitigation requested (acres): na Amount of Non-riparian wetland mitigation requested (acres): na Amount of Coastal wetland mitigation requested (acres): na IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ® ALL FUNDS ARE LOCAL. 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 ? na 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 ? na 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. Page 1 I of 13 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Tar-Pamlico )? 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 Mitigation 1 67,000 (see note) 3 0.0 2 23,000 (see note) 1.5 0.0 Total 90,000 0.0 -- UUL Jv i"L pcipcuuiumar rrom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. Note: For Zone 1, impact equals 20' wide corridor on 1 side of the ditch times total length of 3,350'. For Zone 2, impact is considered in the residential areas where sediment is going to be spread out and seeded in the outer 20' of the buffer in existing yard areas. The impact is calculated as 20' times full length of work to be completed in residential areas although the entire area will not be used for this purpose or even disturbed. 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. 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. No impervious surfaces to be added 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. No wastewater will be generated by project Page 12 of 13 X11I. Violations (required by DWQ) Is this site in violation of MVQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes Lj No Z 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 processim-) time for these permits. However, an applicant rrlay 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). A lot of the maintenance to_be- completed _is_adjacent-to_-ate icultural fields which needs _ to he completed as soon as-possible bef0rz fanner_s_plant theirs crops, in which caseT the town would need to clean the ditch from the more Niegetated (natural buffer on the opposite side of the ditch. Therefore, the town would like to have permission to perform maintenance duties by March 12`x' in order to complete work prior to fanners needing to get into their fields. A^ _-4on. Applicant/Ag /.nV's aiature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.)