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HomeMy WebLinkAbout20040997 Ver 1_Site Plan_20040621Certification of Completion DWQ Project No.: 0 ? -(f? 9 14 County: AN SON Applicant: E 6X NCU?E - 1, LLC Project Name: MUI Pt*J D SrtMAM ?G Ib f f'? IlO V eO:VZ,r Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401AVetlands Unit, North Carolina Division of Water Quali?y, 1650 Mail Service Center, Raleigh, NC, 27699-t6j0. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature 1P hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Agent's Certification Date: I. 2 S(Yl 1 hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materia . Signature: Date: ?- © S If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full tune) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date ??C?C?OdC? p IA'4 D ',!N 2- 2005 G • t,1,,-4,TER QUALITY .i:Oi..VYATFR BRANCH ?GF W A TF1p ?Oco r o ? Ms. Tara Disy Allden Environmental Banc & Exchange, LLC 8000 Regency Parkway, Suite 200 Cary, NC, 27511 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 15, 2004 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-0977 Anson County Subject Property: City Pond Site Stream Restoration Plan Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Allden: You have our approval, in accordance with the attached conditions and those listed below, to restore or enhance 8,836 feet of streams for the purpose of constructing a stream mitigation site at the subject property, as described within your application dated June 14, 004 and received by the N.C. Division of Water Quality (DWQ) on June 17, 2004 along with additional \, rrespondence received November 12, 2004. After reviewing your application, we have decided that the, impacts are covered by General Water Quality Certification Number(s) 3399 (GC3399). The Certification(s) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USAGE). 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, Non-discharge, and other applicable regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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 the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) Stream 8,836 (feet) PCN form and 404 Permit 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet: htto:Hh2o enr state.nc.us/ncwetlands None Carolina tura1r Ms. Tara Disy Allden Page 2 of 3 November 15, 2004 2. 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. No Waste, Spoil, Solids, or Fill of Any Kind 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 Pre-Construction Notification. 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. 4. 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. 5. 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. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by 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, 6714 Mail Service Center, Ms. Tara Disy Allden Page 3 of 3 November 15, 2004 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486-1541. Sincerely, Alan W. Klimek, P.E. AWKIcbk Enclosures: GC 3399 Certificate of Completion cc: Kevin Tweedy/Stacy Ricks, Buck Engineering, 8000 Rejency Pkwy, Suite 200, Cary NC 27511 USACE Wilmington Regulatory Field Office DWQ Fayetteville Regional Office DLR Fayetteville Regional Office File Copy Central Files Filename: 040977CityPond(Anson)401 City Pond, Anson County Subject: City Pond, Anson County From: "Frye, Jennifer S SAW" <Jennifer. S.Frye @ saw02.usace. army.mil> Date: Mon, 8 Nov 2004 08:31:30 -0600 To: "'cyndi.karoly@ncmail.net"' <cyndi.karoly@ncmail.net> NWP 27 verified today w/ conditions. I'll fax a copy to you today. USFWS did not note any ESA, but they did make some suggestions. I'll also fax a copy of that memo to you as well. I can't make their suggestions permit conditions, but I did forward the comments to the permittee. YEAH, another one off my desk! Sad, but there's about 10 more waiting to take its place .... you know the feeling. Jen Hey, by the way, are you going to Charlotte this week for the COE/WRP meeting? Saw you name on the emails. I am headed up there today ...guess I have a 4+ hour ride ahead of me. 1 of 1 11/10/2004 1:15 PM NOV. 8.2004 10:42AN USAED WILMINGTON NO.685 P.1 FACSIMILE TRANSMITTAL HEADER SHEET Far w of t* lam wpAR z9.11; tM Ropm" qm k COW COMMANDf NAMFJ 01TICE TELEPHONE FAX NO. OFFICE S?MI E (AUTOvONICanmi. (AUTOVON/Camm.J. f TO: CLASSIFICATION FRECI vSA C Dwya ? 0. PAGES DATE-TIME OWN ds 'a°gd l f/ 014" o? MONTH YEAR RELEASER'S SIGNATURE Ir ay - REMARKS - 62K4 CM Cat- Po-xw , cr Below krrC0MM4 liya s COUP On 00Y DA FORM 391 G-R, JUL 90 DA FORM 3918,P, AUG 72 IS 03301..ETE NOV-8-2004 MON 09:21 TEL:9197336893 NAME:DWO-WETLANDS P. 1 NOV. 8.2004 10:42AM USAED WILMINGTON NO.685 U-S. ARMY CORPS OF NG11V MRS WMANGTON DISTRICT Action ID. 200401161 CDunty: Anson USGS Quad: Wadesboro GENERAL PERMIT (REGIONAL AND NATIONWEDE) VERIFICATION Property Owner / Authorized Agent: Environmental Banc & Exchange, TALC Address: Attn: Tara Disy Allden 800 R en Parkwa Suite 200 Cary, NC 27511 P.2 Telephone No.: 919-459-9039 Size and location of property (water body, road name/number, town, etc,): The 24 acre ro ect site is located to the southeast of MLFhway 109, off roe Jones Road, in unnamed tributaries to City Pond and the North Fork of Jones River, south of Wadesboro Anson Coun% North Carolina "- Description of projects area and activity: Excavation and discharge of fill material of/into 8836 linear feet of nrisdietional stream channels for the ose of coastrue ' the Ci Pond Stream Mitt ation Pro'eet. Applicable Draw: Seaton 404 (Clean Water Act, 33 USC 13441 Q Section 10 (Rivers and Harbon Act, 33 USC 403) Authorization: Regional General pem=t Number: Nationwide Permit Number. 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with th,e attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. 'ibis verification will remain valid until the expiration date identified below unless the nationwide authorization is modifiea, suspended or revoked. 4 prior to the expiration daze identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid umta the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under eousttuctioii) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. AcTi ities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twexity coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginn* work you must contact the N.C. Division of Coastal Management. This Department of tae Army verification does nor relieve the permittes of the responsibility to obtain any other required Federal, State or local approvaWpermits. If there are any questions regardmg this verification, any of the conditions of the Permit, or the Corps of engineers regulatory ro sat, lease coma t P r c ar 19. e, Corps Regulatory Official Qe=m Qm Q-U S==. Expiration Irate of Verification: 11/09/200 Date, 1111/0/2p0q Page 1 of 2 NOO-8-2004 MON 09:21 TEL:9197336893 NAME:DWO-WETLANDS P. 2 NOV. 8.2004 10:42AM SAED WILMINGTON 110.685 P.2 Determination of Jurisdiction: Based ou preliminary infor=003 , there appear.to be waters of the US including wetlands within the above described project area, 11 s prelimfimry determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). There are Navigable Waters of the United States within the above described project area subject to the pernnit requirements of Section 10 of the Rivers and 11arbolrs Act and Section 404 of the Clean Water Act. Unless there is a change in the laW or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? There are waters of the US and/or wetlands within the above described project area subject to the permit req*amenrs of Section 404 of the Clem Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed dive years from the date of this notification, The jurisdictional areas witbin The above described project area have been identified under a previous action. Please reference jurisdictional determination issued 9129/2004. Action ID 206401161 Basis of Tgrisdic6 mal Determination:) This si contains waterbodies that exhibit Ordinary Hi Water Marks ag-indicated b corps Regulatory Date 1119/2004 0^ SURVEY PLATS, FIELD SYMCH, WETLAND DELIl?EATION FORMS, PROJECT PLANS, ETC., MUST BE ATI'ACI4iED TO nM FILE COPY' OF THIS FORM, IF REQUOM OR AVAILABLE. Copy Furnisbed: %..' Kevin Tweedy, Buck Engineering, PC., 800 Regency Parkway, Suite 200, Cary, NC 27511 Ken Averitte, NCDENRDWQ Fayetteville Regional Office, 225 Green St., Suite 714/Systel Bldg,, Fayetteville, NC 28301 Page z of 2 NOU-8-2004 MON 09:22 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 NOV. 8.2004 10:43AM USAED WILMINGTON Action ID No. 200401161 SPECIAL CONDMONS: NO. 685 P.4 Z . Authorization of this work in no way obligates the US Army Corps of Engineers to recognize this project as a mitigation bank or as compensation for any past or future permitted impacts. 2. The Corps of Engineers does not recognize as valid apy references to mitigation "credits", or any other issues associated with a mitigation bank or mitigation for any past or future permitted impacts. NOV-8-2004 MON 09:22 TEL:9197336893 NAME:DWO-WETLANDS P. 4 11/aNOV. 8.20043 10:43AN 238LJSAED WILMINGTONFWS A6hev111e,NC Memorandum U.S. Fish and Wildlife Service Laura M. Fogo Fish and Wildlife Biologist Pee Dee NWR Rt. 1, Box 92 Wadesboro, NC 28170 704-6945334 office 704694-6570 Fax October 21, 2004 Dear Mark, NO.685 P.51uu1 h.1 Today, I went to the fyture City Pond stream restoration site located within the headwaters of North Fork Jones Creek and the impoundment of City Pond, off Joe Jones Road (SR. 1140), south of Wadesboro, In Anson County, North Carolina, The purpose of the site visit per your request, was to survey for Schweinitz's sunflower, (Helianthus schweinitzii) and Georgia aster (Symphyotdchum georgianum), I did not find any evidence of either of these species present on the approximate 30 acre property. I did see a nice population of game grass (Tripsacum dactyloides) that is a common native warm season grass that occurs in wetter areas. 1 found the majority on the west side of the stream immediately off the road, 1, and the Piedmont Prairie Partnership would like the opportunity to obtain plugs or plant material if the plans are to disturb this area, which i would assume it would involving stream restoration. Depending on their plan, i would recommend they save (heel In) some of this grass to plant back in the riparian zone for stabilization and native understory vegetation (see more below), The site is in bad shape and desperately needs restoration. The riparian area was probably farmed and/or converted to pasture and now some of the east side has succeeded to a 10^15 year old loblolly pine forest with a patch of early succession near the road. The gams is dominant in the lower elevations as mentioned on the west side, and tall fescue and dallas grass are in the higher elevatlons, with some gama mixed. Downstream past the barbed wire fence, approximately 1,200 feet, the fescue is much thicker and broomsedge is more common. I found very little gams downstream because of the fescue. Here, both sides of the stream are in pasture or old field for an approximate 1,000 foot stretch, then another natural forest is present on the east side, and pasture on the west before the stream goes into a forest approximately another NOV-8-2004 MON 09:22 TEL:9197336893 NAME:DWO-WETLANDS P. 5 11/4IOV. 8.2004IJ 10:43AM' «?JSAED WILMINGTOWIP AsAeyl-L",lvc: NO. 685 P.6' UUJ 1,000 Feet downstream. It Y linear estimates are probably off, bac i wanted to give you an idea of the site. It has a lot of linear feet to repair and lots of floodplain and open area to work with, There Is evidence the stream was chanrlelized, and over the years it had down cut and eroded substantially. As I know you agree, any invasive, nonnative plants should he eradicated to make the restoration project successful and allow the native vegetation to grow without competition, Within the planting plan, l recommend they eradicate all the tall fescue by spraying it with 2 quarts/AC of roundup mixed with 8 oz/AC menthylated soybean oil (MSO) in the fall or the spring before planting natives, Replant the existing gama grass in the understory with plugs saved from construction just like they would shrubs. Native warm season grasses as you also probably know have very deep roots and are excellent for stabilization as well as wildlife. Cama plugs will work quickly to stabilize . the ground and should work well with trees and shrubs. Mere is a list of species seen while on site: tlckseed (Bidens sristosa), this is probably the yellow flower the COE saw; deer tongue (Panicum clandestinum), Panicum anceps, Panicum sp., gama grass, plume grass (Erfanthus contortus), tall fescue, dallas grass, Lobe/ia puberula, sneezeweed or bitter-weed (Hefenium smarum), ironweed (Vemonia ndvebomconsis), blackberry, loblolly, sumac, black willow, red maple, sweet gum, and Eastern red cedar. i walked through the pine forest up to the old house and surveyed the edges of the road and the fields, I am sure more species exist, but these are the few I noted that were dominant and present. Both Kevin Tweedy, Buck Engineering and Tara Allden of EBX have called me concerning the survey on Monday the 25"h, and I told them i would do the survey today or next Tuesday and that the letter would come from your office. I would be more than glad to most Kevin onsite in the future to let him know about the natural vegetative resource they have to help save the gama grass, to help them make it a better restoration project and hopefully help them save with vegetative costs for the planting plan. Possibly they may want to donate some gama for other prairie restoration projects in the Piedmont Including Pee Dee NWR, If you need to ask me any questions or need anything else, please let me know. I am glad I could help out. Sincerely, Laura Fogo Our mission is wonting with others to conserve, pmfict, and enhance fish, WNW, and plants and their habitats for the continuing benefit of the American people, NOV-8-2004 MON 09:22 TEL:9197336893 NAME:DWQ-WETLANDS P. 6 11/12/2004 13:04 19194635490 BUCK ENGINEERING PAGE 01 ?'?3-(ae93 () L I KS iAj(-) HOV-12-2004 FRI 11:42 TEL:919733Ge93 NAME:DWO-WETLANDS P. 1 11/121/2004 13:04 19194635490 BUCK ENGINEERING PAGE 02 U.S. ARMY CORPS OF ENGI WILMINGTON DISTRICT Action. ID. 200401161 County: Anson USGS Quad: GENERAL PERAUT (REGIONAL AND NATIONM Property Owner / Authorized Agent: Euvfxopmental Banc & Exchan e, LLC Address: Attn: Tara A1sy Allden 800 Reizency Parkway, Suite 200 Cary, NC 27511 Telephone No.: 919-459-9039 Size and location of property (water body, road name/number, town, etc.): Raver, south of Wadesboro Anson County, North Carolina. Description of projects area and activity: Excavation and discharQ jurisdictional stream channels for the Uurpose of constructintg ti Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Pemiit Number- 21 Your work is authorized by the above referenced permit provided it is accomplished in contentions and your submitted plans. Any violation of the attached conditions or deviatiot pent ittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remains valid until the expiration date identified below unles! suspended or revoked, If, prior to the expiration date identified below, the nationw modified, this verification will remain valid until the expiration date identified below, pt the modified nationwide permit. If the nationwide permit authorization expires or is susp activity would no longer comply with the terms and conditions of the nationwide permit under construction.) or are under contract to commence in reliance upon the nationwide activity is completed within twelve months of the date of the natienwide. permit's ex] discretionary authority has been exercised on a ease-by-case basis to modify, suspend or v Activities subject to Section 404 (as indicated above) may also require an individual Se should contact the NC Division of Water Quality (telephone (919) 733-1786) to detern-ine For activities occurring within the twenty coastal counties subject to regulation under tl prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Array verification does not relieve the permittee of the respon State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Pernli' program, please contact Jennifer S. Frye. Corps Regulatory Ot'ficial - ?1- Expuatioti. Date of Verification: 11/08/2006 Page 1 of 2 Date: ) VERIFICATION strict accordance rA ith the attached from your submitted plans may subject the the nationwide authorization is modified, le permit authorization is reissued and/or wided it complies with all requirements of tided, revoked, or is modified, such that the activities which have commenced (i,e., art ennit, will remain authorized provided the iratlon, modification or revocation, unless coke the authorization, tion 401 Water Quality Certification, You Section 401 requirements, : Coastal Area Management Act (CAN4A), to obtain any other required Federal, or the Corps of Engineers regulatory NOU-12-2004 FRI 11:42 TEL:9197336893 NAME:DWO-WETLANDS P. 2 11/12/2004 13:04 19194635490 BUCK ENGINEERING PAGE 03 Determination of Jurisdiction: [] Based oupreliminary information, there appear to be waters of the US including wetlands within the above described project area. This prelin inary determination is not an appealable action under the Regulatory Progr m Administrative Appeal Process ( Reference 33 CFR Part 331). Q There are Navigable Waters of the United states within the above described project ar a subject to the perrrdt requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. U ess there is a change in the law or our published regulations, this detetznirtation may be relied upon for a period not to exceed five years from the date of this notification. [] There are waters of the US and/or wetlands within the above described project area su ject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the 1 w or our published regulations, this determination may be relied upon for a period not to exceed five years from the date o' this notification. The jurisdictional areas within the above described project area have been identified jurisdictional determination issued 9129/2004. Action ID M0401 Basis of Jurisdictional Determination. Corps Regulatory Official: Date 11/08/2004 SURVEY PLATS, FIELD S)KI37CH, WETLAND DELINEATION FORMS, I ATTACHED TO THE FU E COPY OF THIS FORM, IF REQUIRED OR AV. Copy Furnished: Kevitx Weedy, Back=-Engineering; PC.; 800 Regency. Parkway,. Suite 200., Cary,, N Ken A.veritte, NCDENR-DWQ Fayetteville Regional Office, 225 Green St., Suite 28301 Page 2 of 2 a previous action. Please reference PLANS, ETC., MUST BE 27.:51,1 , r14/Systel Bldg., Fayetteville, NC NOU-12-2004 FRI 11:42 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 - .111 --Tkl-Tkl? pAr4p Ad