HomeMy WebLinkAbout20041892 Ver 1_COMPLETE FILE_20041123
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• Pond Doctor
• Weiland Sen-ices
• Watershed Planning
June 10, 2005
Ms. Tracey Wheeler
U.S. Army Corps of Engineers-Wilmington District
Washington Regulatory Field Office
107 Union Drive, Suite 302
Washington,'North Carolina 37889
Re: Request for Permit Modification
The Pines at Elizabeth City Golf Course, Permit n 200510079
Pasquotank County, North Carolina
Dear GIs. Wheeler:
Attached to this correspondence is a revised impact map illustrating the change in proposed impacts.
The proposed changes to project impacts would require reducing Impact nl and adding Impact -8. The
overall permanent impacts from the project will remain at 0.09 acre of wetlands as previously
authorized.
a attachments for Reference
- Revised impact map for Impacts 1 & S.
Please contact me if you have any questions or need additional information regarding this request for
modification for The Pines at Elizabeth City project. I thank you in advance for your attention to this
matter.
Sincerely,
Thaddeus J. Loucks, P.W.S.
Senior Environmental Specialist
Attachments
C: Mr. Bill Taylor, Pine Lakes Country Club (1)
Mr. Tom Clark, Ault, Clark and Associates (1)
Forth Carolina Division of Water Quality (1)
North Carolina Division of Coastal Management (1)
QFM c?12 od[9 0
JUN 1 5 2005
DENR- WArtrt QIJALJTY
"ETLANDS AND SY'LA rWATER bf(A .Ct;
• 106 N. Thompson Street • Suite ioi • Richmond . Virginia 23221 •
0 (804) 353-6017 9 Fax: (804) 353-6018 .
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IMPACT #1
PERMANENT
°!vr OPEN WATER
(POW)=427 S.F.
'mar/
- L7 r I q 1/37 113'J l l 331
8
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3
6.5
8 9 7-1
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7 1 1=468
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IMPACT #2B
PERMANENT IMPACT #2A
OPEN WATER PERMANENT
02? ' (POW)=102 S.F. l u is [c:',si OPEN WATER
- -- -
(POW)=119 S.F.
IMPACT #6
TEMPORARY
OPEN WATER
QD4 (POW)=800 S.F.?
IMPACT #8
PERMANENT
14 ?.? IMPACT #4 EMERGENT WETLAND
PERMANENT - (PEM)=843 S.F.
EMERGENT WETLAND
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t5 V (PEM)=453 S.F.
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GRAPHIC SCALE: V- 100'
100' 0• too'
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ANGLER
Envicoiiiii jita1
12801 Randolph Ridge Ln. 106 North Thompson SC
Manassas, Va. 20109 Richmond, Va. 23221
ph:(703)393-4843 ph: (804) 353-6017
fax: (703)393 2934 fax: (804) 353-6018
THE PINES AT ELIZABETH CITY
IMPACTS FIGURE 1
PASQUOTANK COUNTY,
NORTH CAROLINA
\1 583-Impact-FiglAgn 06/10/2005 02:38:05 PM FIM TR F. 1
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O?O? W AT QG
7
DTWG_L ? -i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 16, 2004
The Pines at Elizabeth City, LLC
Attn: Mr. Bill Taylor
Post Office Box 709
Elizabeth City, NC 27909
Subject Property: Map P142A, Parcel # 7
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Taylor:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1892
Pasquotank County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.018 acres of wetlands and 0.103 acres of waters for the purpose of golf
course renovations at the subject property, as described within your application dated November 19, 2004
and received by the N.C. Division of Water Quality (DWQ) on November 23, 2004. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18 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, and Non-discharge 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
(Units) Plan Location or Reference
404/LAMA Wetlands 0.018 (acres)
Waters 0.103 (acres)
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: http://h2o.enr.state. nc. us/ncwetlands
One
NhCarolina
Al tura!!y
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
91
The Pines at Elizabeth City, LLC
Page 2 of 3
December 16, 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.
3. 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 Pines at Elizabeth.City, LLC
Page 3 of 3
December 16, 2004
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffen or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
l
Alan W. Klimek, P.E.
AWK/bs
Enclosures: GC 3402
Certificate of Completion
cc: Angler Environmental, 106 N Thompson Street, Richmond, VA 23221
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 04-1892 The Pines as Elizabeth City (Pasq) 401
Ft L C 6 11, %1"'
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,ANGLER
o?Envlronmental
Pond Doctor o Wetland Services o Watershed Planning
Pre-Construction Notification (PCN) Application &
Support Documentation
0410.9
Prod ect
The Pines at Elizabeth City Golf Course
Applicable Permits
Nationwide Permit # 18
Prospective Permittee
The Pines at Elizabeth City, LLC
P.O. Box 709
Elizabeth City, North Carolina 27909
Attn: Mr. Bill Taylor
Authorized Agent
Angler Environmental
106 North Thompson Street
Richmond, VA 23221
November 2004
Q2 c?
NOV 2 3 2004
DENR - WATER QUALITY
WETLANDS AND STORMWATER 8FW
128o1 Randolph Ridge La tie, Suite 102 Manassas, VA 20109 Plt: (703) 393-4844 Fax (703) 393-2934
106N. Thompson St., Ste. toi Richmond, VA 23221 Plt: (804) 353-6017 Fax: (8o4) 353-6o18
170 West Shirley Avenue, Suite tot Warrenton, VA 2o186 Ph: (540) 349-5090
www.AnglerEnvironmental.com
TABLE OF CONTENTS
PART
1 PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM
2 PERMIT SUPPORT DOCUMENT (PSD)
PART I
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM
ANGLER
" .?E13 L"11'0?11I2 Z11 tat
• Pond Doctor
• Wetland Senzces
• Watershed Planning
November 22, 2004
Ms. Tracey Wheeler
U.S. Army Corps of Engineers-Wilmington District
Washington Regulatory Field Office
107 union Drive, Suite 202
Washington, North Carolina 27889
p@R0WR D
NOV 2 3 2004
Re: Pre-Construction Notification (PCN) Application
The Pines at Elizabeth City Golf Course
Pasquotank County, North Carolina
Dear Ms. Wheeler:
DENR - WATER QUALITY
VOLMDS AND STORMWATER BRANCH
4r
Attached to this correspondence is a completed Pre-Construction Notification (PCN) for the above-
referenced project. As detailed in the PCN document, the project qualifies for NWPs #18 and complies
with DWQ's conditions for Water Quality Certification. Permanent impacts from the project are limited
to 0.09 acre of wetlands.
• Attachments for Reference
- Pre-Construction Notification Application
- Permit Support Document (PSD)
Please contact me if you have any questions or need additional information regarding this request for
verification for The Pines at Elizabeth City project. I thank you in advance for your attention to this
matter.
Sincerely,
Thaddeus J. Loucks, P.W.S.
Senior Environmental Specialist
Attachments
C: Mr. Bill Taylor, Pine Lakes Country Club (1)
Mr. Tom Clark, Ault, Clark and Associates (1)
North Carolina Division of Water Quality (2)
North Carolina Division of Coastal Management (1)
• to6 N. Thompson Street • Suite tot • Richmond • Virginia 23221 •
• (804) 353-6o17 • Fax: (804) 353-6o18 •
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Office Use Only: } Form Version May 2002
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USACE Action ID No. D`VQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
,X U-J 11 EZ
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 18
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
i' 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
t 1. Owner/Applicant Information
Name: The Pines at Elizabeth City, LLC
Mailing Address: P.O. Box 709
Elizabeth City. N.C. 27909
Attn: Mr. Bill Taylor
t Telephone Number: (757) 270-2822 Fax Number: (757) 623-4979
E-mail Address: N/A
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: Thaddeus J. Loucks, P.W. S.
Company Affiliation: Angler Environmental
Mailing Address: 106 N. Thompson Street
Richmond, VA 23221
Telephone Number: (804)-353-6017 Fax Number: (,804) 353-6018
E-mail Address: TLoucks(a)anglerenvironmental.com
Page 5 of 13
li' 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: The pines at Elizabeth City Golf Course
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Map P 142A Parcel #7
4. Location
County: Pasquuotank Nearest Town: Elizabeth City
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The project site is located in
Elizabeth City on U.S. Route 17.
1 5. Site coordinates, if available (UTM or Lat/Long): N 36°,17°,40" W 76°,15°,05"
(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): ±120 ac.
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Knobbs
Creek
8. River Basin: Pasquotank
(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 property's current land use is a Qolf course and will
continue to be in for the foreseeable future.
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1-7,
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10. Describe the overall project in detail, including the type of equipment to be used: The
purpose of the project is to renovate an existing golf course through the use of mechanized
equipment to perform light/minor earthwork (shaping). Please see attached supporting
documentation.
11. Explain the purpose of the proposed work: The purpose of the project is to renovate an
existing Qolf course for aesthetic and course drainage reasons. Please see attached supporting
documentation.
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.
A jurisdictional determination for the site was performed on 11-12-2004 with USACE
representative Tracey Wheeler (Washington Regulatory Field Office).
1 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 further permit authorization is anticipated except for what is described within this
application.
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
Page 7 of 13
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.
1. Provide a written description of the proposed impacts: Please see attached supportin-g
documentation.
2. Individually list wetland impacts below:
1
11
Wetland Impact
Site Number
(indicate on map)
Type of
Impact
Area of Impact
(acres) Located within
100-year**
Floodplain
( es/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
4 Permanent 0.01 (453 W) No >600' Emergent (PEM)
5 Permanent 0.003 (149 W) No >1,320' Emergent (PEM)
7 Temporary 0.005 (241 ftz) No >240' Emergent (PEM)
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.fema.i?ov.
*** 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: 11 acres
Total area of wetland impact proposed: 0.09 Permanent (PEM & POW), 0.02 Temporary
1 3. Individually list all intermittent and perennial stream impacts below:
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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 secif )
N/A
Page 8 of 13
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* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
1
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
1 proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** S.;cam names can be fund on USGS tcpographic 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-S00-358-9616, or online at
1 ??ww.usos.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
%?,vw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
1 4. Individually list all open :mater impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
H
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Open Water Impact
Site Number
(indicate on map)
Type of Impact*
(acres) of Impact Impact
(if Name applicable) Wateplicable) le) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
1 Permanent 0.03 (1,270ft2) Pond (POW)
2a Permanent 0.003 (119ft2) Pond (POW)
2b Permanent 0.002 (102 ft2) Pond (POW)
2c Permanent 0.003 (123 ft2) Pond (POW)
2d Permanent 0.003 (118 ft2) Pond (POW)
2e Permanent 0.002 (96 ft) Pond (POW)
2f Permanent 0.002 (89ft2) Pond (POW)
3 Permanent 0.04 (1,799 ft2) Pond (POW)
6 Temporary 0.018 (800ft2) Pond (POW)
* List each impact separately and identity temporary impacts. impacts inctuae, out are not umneu to: an, rxLs)ia«V«, u1UU3,,1g,
1 flooding, drainage, bulkheads, etc.
5. Pond Creation
1 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.
1 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.): Excavation and expansion of an existincf ponds and new
1 ponds Please see attached support documentation.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
1 local stormwater requirement, etc.): Golf Course aesthetics and irrigation _
Size of watershed draining to pond: Pond Cl- 24.13 ac. Pond C2-11.60 ac. Pond C3-
1 743 ac. Pond C4- 5.72ac. Pond B- 15.08ac. Pond A2 7.82ac.
Expected pond surface area: Pond Cl- 1.46ac. Pond C2- 0.89ac. Pond C3- 1.03ac.
Pond C4- 0.58ac. Pond B-1.12 ac. Pond A2- 0.50ac.
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Page 9 of 13
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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.
Please see attached supporting documentation.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of `'Dater 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.
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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://l12o.enr.state.nc.us/ncwetlands/stn-ngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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Based on the conditions set forth in NWP 18 no compensatory mitigation will be required
for this project
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): Not Applicable
Amount of buffer mitigation requested (square feet): Not Applicable
Amount of Riparian wetland mitigation requested (acres): Not Applicable
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres): Not Applicable
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
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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 ® 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.
[I
1-1
Zone* Impact
(square feet) Multiplier Required
Mitigyation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
Existing Impervious 3.23 ac (cart paths) Proposed Impervious 3.43 ac. (cart paths)
Surface waters and wetlands downstream of the property will be protected through onsite ponds.
1 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.
Not Applicable
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ANGLER ENV RI(HACND PAGE 02/02
III. Violations (requixed by DWQ)
Is this site in violatiun of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yea ? No 2
ATV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow proeming tiAae for these permits. Hpwever, Mi CPU= may
choose to list constraints associated with construction or sequencitla tW may iz V= Emft on
work schedules (e.g., draw-down schedules for lakes, dates associated with )Endangered and
Threatened Species, accessibility problems, or other issues outsi& of *,- appHCc fs control).
Applican Agent's Signatuxe Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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PART 2
PERMIT SUPPORT DOCUMENT (PSD)
Table of Contents
Section Pape
Executive Summary iii
I. Project Summary I
lI. General Project Information I
III. Project Purpose 2
IV. Environmental Effects of Project 2
• Existing Waters of the U.S. 2
• Threatened/Endangered Species 2
• Cultural/Historic Resources 3
• Proposed Impacts to Waters of the U.S. 3
• Sequencing - Section 404 (b) (1) Requirements 3
V. Summary of NWP #I S Conditions 3
VI. Summary of NWP General Conditions 4
VII. Section 401 Compliance 7
Appendices and Attachments
Appendix A - Project Location and Vicinity Maps and Aerial Photograph
Appendix B - Corps Confirmed Delineation Map
Appendix C - Jurisdictional Impact Map and Figures
11
Executive Summary
1 This report provides Pre-Construction Notification (PCN) documentation in accordance with General
Condition #13 of the Nationwide Permits (67 FR 2090), regarding permitting of the "The Pines at
Elizabeth City" project under the Clean Water Act (CWA) Section 404 permitting requirements. This
project qualifies for authorization under Nationwide Permit (NWP) #18 (Minor Discharges) (67 FR 2020-
all conditions set forth for the North
2088). In addition, the Pines at Elizabeth City project meets
Carolina Division of Water Quality Section 401 water quality certification under the Department of Mater
Quality General Certification For Projects Eligible For Corps or Engineers Nationwide Permit Number
18 (WQC #3402). The remainder of this document presents the rationale and justification for this
permitting scenario.
The proposed project is a renovation to an existing golf course on 120 acres located within the limits of
Elizabeth City. The renovation of this course will include renovation construction of new tees boxes,
fairways, greens and the expansion or improvement of nine ponds with associated outfall structures.
These proposed construction activities will necessitate minimal impacts to emergent wetlands and open
water wetlands respectively. These impacts are unavoidable due to a combination of site and engineering
constraints. Onsite permanent impacts to 0.01 acre of non-tidal emergent wetlands and 0.08 acre of open
water wetlands qualify for authorization under NWP #18. Additionally, during the proposed construction
activities it will be necessary to temporarily impact 0.005 acre of non-tidal emergent wetlands and 0.02
acre of open water wetlands. Following the temporary construction activities, these areas will
immediately be returned to their preexisting grades and their will be no loss of hydrologic connectivity.
As is demonstrated later in this document, the permit applicant has made a significant effort to avoid and
minimize jurisdictional impacts to the greatest extent practicable. Based on the conditions outlined in the
permits requested for this project, compensation for the permanent emergent and open water wetland
impacts (0.09 acres non-tidal) would not be necessary provided that the impacts fall within the threshold
of the desired permit.
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1. Project Summary
The proposed project is an existing ±120 ac. 18-hole golf course located in Elizabeth City, N.C. adjacent
to U.S. Route 17. Construction of for.this project will include redesign/reshaping of the existing tee
boxes, fairways, greens and irrigation ponds. These impacts are unavoidable due to a combination of site
and engineering constraints. Construction of the newly expanded irrigation ponds and outfall structures
will result in 0.01 acre of permanent non-tidal emergent wetland impacts and 0.08 acre of permanent open
water wetland impacts. As stated previously, the project will also require two temporary wetland impacts
in the form of 0.005 acre of non-tidal emergent wetlands and 0.02 acre of open water wetlands. These
impacts are necessary for the installation of a reinforced concrete pipe and an erosion and sediment
control structure. These temporary impacts will improve the overall environmental quality of the project
and will not disrupt hydrologic connectivity of the site. Based on guidance from the USACE, these
proposed impacts qualify for authorization under NWP #18.
NWP #18 Project Components: Fill of jurisdictional wetlands for construction of one concrete culvert
road crossing.
Permanent Impacts: 0.01 acre(s) of emergent (PEM) wetland
0.08 acre(s) of open water (POW) wetland
Temporary Impacts: 0.005 acre(s) of emergent (PEM) wetland
0.018 acre(s) of open water (POW) wetland
Permit Scenario: Under the general terms and conditions of NWP #18 specifically, this project
qualifies for NWP #18 with a PCN requirement.
Total Permanent Loss of Wetlands or Waters of the U.S. = 0.09 acre
** As discussed in the following sections, all conditions related to the combining of NWPs are met by
this project and proposed permitting method.
II. General Project Information
Prospective Permittee
The Pines at Elizabeth City, LLC
P.O. Box 709
Elizabeth City, North Carolina 27909
Phone: (757) 270-2822
Attn: Mr. Bill Taylor
Authorized Agent
Angler Environmental
106 N. Thompson Street
Richmond, Virginia 23221
Phone: (804) 353-6017
Fax: (703) 353-6018
Attn: Mr. Thad Loucks
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• Location of Proposed Work
The approximate 120-acre lot site and entrance road is located in Pasquotank County, North Carolina
within the limits of Elizabeth City. The property is bound to the north by U.S. Route 17 and to the
south and east by single family residential. An unnamed tributary of Knobbs Creek and associated
wetlands border the subject property to the west. (See the Project Location and Vicinity maps and
Aerial Photograph located in Attachment A).
• Waterway
An unnamed tributary of Knobbs Creek borders the western half of the property, draining to Knobbs
Creek.
111. Project Purpose
The purpose of the project is to improve the onsite drainage while increasing the landscape aesthetics of
the course. The renovation and construction of the new course will allow the playing surfaces of the
course to drain properly while increasing the volume of onsite irrigation ponds. These proposed
improvements will provide course patrons with a playing surface that is both properly drained and
manicured.
IV. Environmental Effects of Project
The prospective permittee has significant efforts to avoid and minimize impacts to jurisdictional waters of
the U.S. This project will result in only minimal adverse effects to the environment. The unavoidable
permanent impacts to this system will be limited to 0.01 acre of non-tidal emergent (PEM) wetlands and
0.08 acre of non-tidal open water (POW) due to the renovation of a fairways and expansion of irrigation
ponds. Additionally, 0.005 acre of non-tidal emergent wetlands and 0.02 acre of open water wetlands will
be temporarily impacted for the project.
1 • Existing Waters of the U.S.
A delineation of jurisdictional wetlands and streams located on the property was conducted by Angler
Environmental (Angler), and survey-located by Hyman & Robey, PC. This delineation was confinned
as accurate in the field by the U.S. Army Corps of Engineers (Tracey Wheeler) on 11-12-2004. A copy
of the USACE confirmed wetland map has been provided in Appendix B.
Wetlands - Due to the relatively flat terrain on this site and the large adjacent wetlands, small portions
of the site contain emergent wetlands. The majority of these wetlands are located adjacent to onsite
irrigation ponds which drain to the unnamed tributary of Knobbs Creek. The majority of these
wetlands are linear and receive a portion of their hydrology from course flooding. These emergent
wetlands are dominated by the following species: Pennsylvania Smartweed (Polygonum
pennsylvanicum), Dallisgrass (Paspalum dilatatum), Marsh Dayflower (Murdannia keisak), and
Virginia Buttonweed (Diodia virginiana). Additionally the site also has two small forested wetland
areas located near the southern boundary. These areas are dominated by Black Gum (Nyssa sylvatica)
and Bald Cypress (Taxodium distichum) and will not be impacted by this project. Finally, the
remaining wetlands onsite are comprised of open water ponds which did not contain any floating or
subaquatie vegetation during onsite inspection.
• Threatened/Endangered Species
According to initial conversations with the Corps of Engineers, there appear to be no known threatened
or endangered species that occur within the project site. This project should have no affect on
threatened or endangered species.
• Cultural/Historic Resources
According to initial conversations with the Corps of Engineers, there appears to be no indication of any
historic properties listed, or eligible for listing, in the National Register of Historic Places that will be
affected by the proposed development on the project site.
• Proposed Impacts to Waters of the U.S.
Impacts T•om Activities Authorized under NiVP #18 - Total permanent impacts to emergent and
open water wetlands resulting from activities authorized under NWP #18 is 0.09 acre. This
includes all proposed impacts resulting from construction the fairway and pond expansion with
outfall structures.
An overall Impacts Map depicting the entire site development plan and detailed Impact Figures
showing the proposed permanent and temporary impacts associated with the fairway construction,
1 stormwater ponds, and outfall structures are included in Appendix D.
• Sequencing- Section 404 (b) (1) Requirements
Avoidance & Minimization - The applicant has made significant efforts to avoid and minimize
impacts to jurisdictional waters of the U.S. and other natural resources on the property. Overall,
1 the proposed actions will avoid 10.91 acres of the 11 acres of jurisdictional wetlands onsite with
respect to the construction of one fairway and the expansion or construction of nine ponds with
associated outfall structures.
The proposed renovated fairway and ponds have been designed to accommodate requirements of
proper course drainage design while minimizing jurisdictional impacts to the greatest extent
practicable. These two constraints allow only a narrow area for the placement of the fairway and
onsite ponds, and will require a minimal impact to onsite emergent and open water wetlands. The
impacts, however, from the expansion of the ponds will provide long term drainage and irrigation
supply for the course. Finally, it should be noted that although the proposed project will
necessitate some minimal permanent impacts to onsite jurisdictional features, the proposed layout
will maintain hydrologic connectivity of the onsite wetlands while increasing the size of the open
water wetlands.
Compensation - Based on the permit conditions outlined for the two requested permits,
compensation for impact of 0.01 acre of emergent wetlands and 0.08 acre of open water impacts
associated with this project will not require mitigation provided that the impacts remain under
0.10 acre.
V. Summary of NWP #18 Conditions
This section details the conditions that are specified within the text of NWP #18 itself (67 FR 2088), as
related to The Pines at Elizabeth City project. NWP General Conditions are addressed in Section VI of
this PCN document.
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1 NWP #18 General Applicability
NWP #18 authorizes activities in waters of the U.S. associated with minor discharges of dredge and fill
material from construction activities for a single and complete project. The current project proposes
impacts associated with the construction and renovation of a golf course and associated outfall structures.
The impact to jurisdictional waters will result from grading and fill activities associated with the
construction of one course fairway and the expansion or construction of 9 irrigation ponds with associated
outfall structures. Total permanent losses of waters of the U.S. proposed by this project for authorization
under NWP #18 include 0.01 acre of emergent wetlands and 0.08 acre of open water wetlands. NWP #18
is applicable for this impact provided that the activity meets all of the following criteria:
NWP #18 Conditions
• The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards
below the plane of the ordinary high water mark or the high tide line.
Discharges for this project will not exceed 25 cubic yards of nontidal waters of the U.S.
• The discharge, including any excavated area, will not cause the loss of more than 1/10 acre of a
special aquatic site, including fvetlauds. For the purposes of this nationwide permit, the acreage
limitation includes the filled area and the excavated area plus special aquatic sites that are
adversely affected by flooding and special aquatic sites that are drained so that they would no
longer be a water of the United States as a result of the project..
This proposed permanent impacts for this project will not affect more than 1/10 acre of waters of the
U.S. including wetlands.
• If the discharge, including any excavated area, exceeds 10 cubic yards below the plane of the
ordinary high water mark or the high tide line or if the discharge is in a special aquatic site,
including wetlands, the permittee notifies the District engineer in accordance with the
"Notification"general condition. For discharges in special aquatic sites, including wetlands, the
notifleation must also include a delineation of affected special aquatic sites, including wetlands.
This project will exceed 10 cubic yards below the plane of ordinary of high water. A PCN is being
submitted because greater than 10 cubic yards of discharge is proposed for this project.
1 • The discharge including all attendant features, both temporary and permanent, is part of a single
and complete project and is not placed for the purposes of a stream diversion.
The discharge for this project is part of a single and complete project and will not in any way affect
intermittent or perennial streams.
VII. Summary of NWP General Conditions
This section details the NWP General Conditions (67 FR 2089), as related to the Gibson Wright Lot
project.
1. Navigation.
Not applicable to this project.
2. Proper Maintenance.
This project, to be authorized by NWP #18, will be maintained in accordance with all applicable
Division of Land Resources requirements.
® 3. Soil Erosion and Sediment Controls.
All appropriate soil erosion and sediment controls will be used during construction, in accordance
with the Division of Land Resources requirements, and an approved erosion and sediment control
plan.
4. Aquatic Life Movements.
Not applicable to this project (per the terms of this General Condition) since the project's primary
purpose is for impoundment of water. However, no disruption to any necessary life-cycle movements
of aquatic life is anticipated to result from the project.
5. Equipment.
No heavy equipment associated with this project is anticipated to be working in non permitted or
preserved jurisdictional areas on the property. However, if this is required during construction,
appropriate measures will be taken to minimize soil disturbance in these areas.
6. Regional and Case-By-Case Conditions.
Not applicable to this project.
7. Wild and Scenic Rivers.
Not applicable to this project.
8. Tribal Rights.
Not applicable to this project.
9. Water Quality.
(a) The DWQ has provided conditional authorization for Section 401 water quality certification for
NWP #18.
(b) This project will comply with all required local and State water quality regulations, including
erosion and sediment control measures to ensure that the project will not cause more than
minimal degradation of downstream water quality.
® 10. Coastal Zane Management.
Not applicable to this project, but the DCM will be copied on the distribution of this application.
11. Endangered Species.
I
Initial coordination with USACE indicated no presence of any threatened or endangered species in
¦ the project area.
12. Historic Properties.
Angler is not aware of any historic properties listed, or eligible for listing, in the National Register of
Historic Places that will be affected by the proposed development on the project site. The site is not
located within any historic resource district and no existing structures are located on the property.
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13. Notification.
This PCN document has been prepared in accordance with the notification requirements of NWP
General Condition #13.
14. Compliance Certification.
The permit applicant will submit a signed certification following completion of the authorized work,
in accordance with this NWP General Condition.
15. Use of Aiultiple Nationwide Permits.
Not applicable to this project.
16. Water Supply Intakes.
Not applicable to this project.
17. Shellfish Beds.
Not applicable to this project.
18. Suitable Material.
All fill material to be used for this project will be generated onsite and will be free from toxic
pollutants in toxic amounts.
19. Mitigation.
Compensation for impacts to the emergent wetlands resulting from the construction of proposed
activities will not be required provided that the project impacts do not exceed those set forth in the
permit guidelines.
20. Spawning Areas.
Not applicable to this project.
21. Management of Water Flows.
This project has been designed to maintain pre-construction flow conditions to the maximum extent
practicable. Furthermore, the project will not permanently restrict or impede downstream flows.
22. Adverse Effects From Impoundments.
Not applicable to this project.
23. Waterfowl Breeding Areas.
Not applicable to this project.
24. Removal of Temporary Fills.
All temporary fills will be removed immediately following the temporary activity.
25. Designated Critical Resource Waters.
Not applicable to this project.
26. Fills Within 100-Year Floodplains.
Not applicable to this project.
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VII. Section 401 Compliance
This section details the conditions, as related to The Pines at Elizabeth City, that are specified in the
March 2003 decision by the Department of Water Quality, regarding Section 401 water quality
certification for activities authorized by Corps NWP #18. Based on our review, The Pines at Elizabeth
City project appears to meet all conditions set forth for the applicable Section 401 Water Quality
Certification of NWP # 18.
1 Section 401 Individual Review Conditions:
1. The North Carolina Division of Water Quality provides conditional Section 401 `'Water Quality
Certification for projects authorized under NWP #18 as outlined within WQC #3402.
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Appendix A
Project Location and Vicinity Maps and Aerial Photograph
PROJECT LOCATION MAP
THE PINES AT ELIZABETH CITY
AN&A
ANGLER
1wiWiFEnvlronmental
USGS Topo Quad Maps - Elizabeth City, NC
Latitude= N360 17'40"
T Longitude= W760 15'5"
Approximate Size= 120+/- Acres
Elevation= 0-5'
Scale: 1"=2,000' (approx.)
VICINITY MAP
t THE PINES AT ELIZABETH CITY
NORTH
z x,.
1M
'
7
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•
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_
_ -.,- ads
p t, i rr;.Inc,; V 2004 GDTF Im,
. The 120+/- acre subject property is located in Pasquo-
? tank County, North Carolinia along U.S. Route 17 ap-
ANGLproximately 2 miles north of Elizabeth City.
???Envirorlmental
THE PINES AT
ELIZABETH CITY
AERIAL
PHOTOGRAPH
' Appendix B
Corps Confirmed Wetland Delineation Map
I
Appendix C
Jurisdictional Impact Map and Figures
1
1
' Appendix C
Jurisdictional Impact Map and Figures
1
II'
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T T #1 ANENT ?+?_? ???J:
OPEN WATER
(POW)=1,270 S.F. _ \?_ s
Iiillk* 7
IMPACT #2B
PERMANENT IMPACT #2A
2 OPEN WATER PERMANENT
(POW)=102 S.F. !lf OPEN WATER
(POW)=119 S.F.
[ MPACT #6
OPEWATER
A)IPOND;C1 rl///Ipo?)7800-S-l
? WETLAND
F,P NORTH
GRAPHIC SCALE: 1" = 120'
0' 120' 240'
F11ViC011171ciltal
12801 Randolph Ridge Ln. 106 North Thompson St.
Manassas, Va. 20109 Richmond, Va. 23221
ph: (703) 3934844 ph: (804) 353.6017
fm: (703) 393-2934 fm: (804) 353-6018
THE PINES AT ELIZABETH CITY
WETLAND IMPACTS
FIGURE 1
PASQUOTANK COUNTY, NC
..\CADD\1583-impact-figurel.dgn 11/22/200410:07:56
POND C2 PERMANENT
NP=4.5 OPEN WATER
(POW)=123 S.F.
IMPACT #3
PERMANENT
OPEN WATER
(POW)=1,799 S.F.
PONDI
NP=4.5
#5
0(PEM)=149 S.F.`'? •••••••?••••
JwrrRS1'??yf i••
•
• • • • • • • •
GRAPHIC SCALE: V= = 120'
0' 120' 240'
ANGLER
Environmental
12801 Randolph Ridge Ln. 106 North Thompson St.
Maoasasa, Va. 20109 Richmond, Va. 23221
ph: (703) 3934944 ph: (804) 353-6017
fax: (703) 393-2934 fax: (804) 353.6018
ig)
NORTH
THE PINES AT ELIZABETH CITY
WETLAND IMPACTS
FIGURE 2
PASQUOTANK COUNTY, NC
_.\CADD\1583-imr3act-fiaure2don 11/22/200410:15:10
60600% •
• 6
:? 18
•
. 4,
•
•
•
•4.•
IMPACT #2D
PERMANENT
OPEN WATER
(POW)=118 S.F.
NORTH
GRAPHIC SCALE: 1" = 120'
0' 120' 240'
7
?. g _ g _ g _ g _ g _ t _ 1 . • • • .
IMPACT #2E
PERMANENT
OPEN WATER
(POW)=96 S.F.
ANGLER
Environmental
12801 Randolph Ridge Ln. 106 North Thompson Se.
Manassas, Va. 20109 Richmond, Va. 23221
ph: (703) 3934844 ph: (804) 353.6017
fax: (703) 393-2934 fax: (804) 353.6018
THE PINES AT ELIZABETH CITY
WETLAND IMPACTS
FIGURE 3
PASQUOTANK COUNTY, NC
\CADD\1583-impact-figure3.dgn 11/22/2004 10:16:49 AM
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