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HomeMy WebLinkAbout20011371 Ver 1_Complete File_20020908DWQ Project No.: 0/ - / 3 7 _County: Applicant: 1 c k ss og °,,;4 r LLC Project Name: Ar wick f?Je9; ?,4wate/ Date of Issuance of 401 Water Quality Certification: 10O 1}/D! r OF 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.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. Appli nt's Certif' ation 2.1 hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction uch that the construction was observed to be built within substantial compliance and intent of the 401 Water ality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: /( - 611K- AZ-Agent's Certification I, , 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: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) 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 ?TWN 8 ? D? ?QF wATr- Michael F. Easley, Governor William G. Ross Jr., Secretary ?O G? North Carolina Department of Environment and Natural Resources j ?- Gregory J. Thorpe, Ph.D. p Acting Director Division of Water Quality February 5, 2002 OrangeCounty DWQ # 01-1371 WAIVER of 401 Water Quality Certification and Neuse River buffer rule approval Clint Bradley Ashwick Associates, LLC P. O. Box 1142 Mebane, NC 27302 Dear Mr. Bradley: Your application for a 401 Water Quality Certification was received in the Central Office on September 8, 2001. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a 401 Water Quality Certification for your plans to impact 120 feet of streams for construction of the Ashwick subdivision as described in your application. However if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water Quality Certification will be required. If you have any questions, please telephone John Dorney at 919-733-1786.or Steve Mitchell at our Raleigh Regional Office at 919-571-4700. Sin erely, J R. Dorney Cc: Raleigh DWQ Regional Office Raleigh Field Office Corps of Engineers Wilmington District Office Corps of Engineers Central Files File Copy Ben Wilson, Engineering Consulting Service N DENR Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 Customer Service 1 800 623-7748 401 applications Subject: 401 applications Date: Wed, 10 Oct 2001 17:28:37 -0400 From: Megan Owen <Megan.Owen@ncmail.net> Organization: NC DENR, DWQ To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Todd St John <Todd. St.John @ ncmail.net>, John Domey <John.Dorney@ncmail.net> All: Below are three projects with WS implications: 011371 (Orange Co., Ashwick Associates LLC) - project is in WS-II-BW HQW on Eno River (Corporation Lake). Developer needs to get appropriate WS permits from Orange County planning department. Must follow BUA and buffer requirements (LD - 12% and 30' buffer or HD - 30% and 100' buffer and stormwater controls). Will need to show no practical alternative for buffer crossings of WS perennial streams. 011363 (Wake County, Sutherland Investment Co.) - New Light Creek is WS-IV. Since development is over an acre it probably needs a sediment and erosion control plan, which means the WSWP rules apply. BUA can be no more than 24% and WS and Neuse buffers apply. Must get appropriate permits from Wake County Planning Department. Must show no practical alternative for WS perennial buffer crossings. 011389 (Jackson Co., Thomas Jenkins) - projects is in WS-III territory (and probably Tr). Water dependent structures are allowed in the buffer, but Jenkins must show that the seawall and steps are water dependent and must minimize bua and divert stormwater. Plus WS permits must be obtained from local planning department. Megan Owen <megan.owen@ncmail.net> Environmental Planner North Carolina Department of Environment & Natural Resources Division of Water Quality 1 of 1 10/11/01 1:57 PM FILE Cop y Date: To: O e Mitchel ?FRO Ken Averitte ?WaRO Deborah Sawyer ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye ?ARO Mike Parker Triage Check List Project NamehW,Z? c?/ DWQ Project Number County Oft, .? p ?MRO Pete Colwell From: r s rie L'k Telephone (919) 733- ` qZ& The file attached is being forwarded to you for your evaluation. Please call if you need assistance. tream length impacted tream determination ? Wetland determination and distance to blue-line surface waters on USGW topo maps linimization/a ce issues uffer Rule Neuse, r-Pamilco, Catawba; Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concerns e r- ENGINEERING CONSULTING SERVICES, LTD. Geotechnical • Construction Materials • Environmental Mr. odd Tugwell U.S. Army Corp of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Mr. Todd St. John Mr. Bob Zarzecky NCDENR-Division of Water Quality 011371 Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 August 29, 2001 FigPeppy Re: Application for 401 & 404 Permits for Construction of Ashwick Subdivision US Highway 70, Efland, NC ECS Project # 9713 Gentleman: Enclosed please find pre-construction notification form for applications for 401 and 404 permits under NWP 39 and NWP 7 for construction of the Ashwick Subdivision in Efland, NC. The application is for impact to approximately 60 feet of stream and approximately .01 acres of wetlands. If you have any questions please do not hesitate to contact Benjamin V. Wilson, P.E. at (919) 544-1735. Respectfully, Enginee ing 7Consulti Services, Ltd. Benda ' V. Wilson, P.E. Princi al Engineer Vice President Attachments: 404/401PCN form with supporting documents 1 Copy to USACE 7 Copies to NCDWQ P. O. Box 12015, Research Triangle Park, North Carolina 27709 • (919) 544-1735 • FAX (919) 544-0810. 1-800-327-5832 • www.ecslimited.com Aberdeen, MD* • Atlanta, GA • Austin, TX • Baltimore, MD - Chantilly, VA • Charlotte, NC • Chicago, IL • Comelia, GA* • Dallas, TX • Danville, VA* • Frederick, MD • Fredericksburg, VA Greensboro, NC • Greenville, SC • Norfolk, VA - Research Triangle Park, NC • Richmond, VA • Roanoke, VA • San Antonio, TX • Williamsburg, VA • Wilmington, NC • Winchester, VA *Testing Services Only O OF WAT?O? QG Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at httn://www.saw.usace.army.mil/wetlands/Perm apn htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.miI/wet]ands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC, regional coordinator (listed by county on the last page of this application). Page I of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submi one co f this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12$93 (March 9, 2000), available at htty://www.saw.usace.army.mil/wetlands/nwpfinalFedReg_l?df. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods 401 Water Quality Certification or Buffer Rules - All information is re aired unless of ise stated as optional. Incomplete applications will be returned. Submit even collated copies of al SACE Permit materials to the Division of Water Quality, 401/Wetlands nit, 1 al ervice Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre ulative wetland/water impacts and less than 150 feet cumulative impacts 'to streams, en a fee of $2 WNErth If either of these thresholds is exceeded, then a fee of $475' is required. A c eck ma a oCarolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetiands/fees.htmi. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Engineering Consulting Services Ltd, (ECS) has performed this wetlands delineation of the site in accordance with the Corp Of Engineers Wetlands Delineation Manual, Environmental Laboratory (1987). Engineering Consulting Services has performed this stream determination in accordance with North Carolina Division of Water Quality Guidelines Internal Guidance Manual For Stream Classification, (January 19, 1999, Version 2.0). In the professional opinion of Engineering Consulting Services, Ltd, all appropriate inquiries have been made in regards to jurisdictional wetlands issues and stream jurisdiction issues. Actual wetland acreage and stream footage and locations may vary pending U.S. Army Corp of Engineers (USACE) and North Carolina Department of Environment and Natural Resources, Division of Water Quality (NCDWQ) verification and survey of the delineated boundaries (if necessary). Wetlands and Streams Section 404 of the Clean Water Act, as amended, requires regulation of discharges into "Waters of the United States." The U.S. Environmental Protection Agency (USEPA) is the principal administrative agency of the Clean Water Act; however, the USACE has the responsibility for implementation, permitting, and enforcement of provisions of the Act. The USACE regulatory program is defined in 33 CFR 320-330. Water bodies including lakes, rivers, and streams are subject to jurisdictional consideration under the Section 404 program. Wetlands are also classified as "Waters of the United States." Wetlands, defined in 33 CFR 328.3, are "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." Any action that proposes to place fill into these areas falls under the jurisdiction of the USACE under Section 404 of the Clean Water Act (33 USC 1344). The USACE identifies hydrophytic vegetation, hydric soils, and wetland hydrology as the three parameters requires for jurisdictional consideration. Hydrophytic vegetation is defined as the sum total of macorphytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation product, permanently or periodically, saturated soils of sufficient duration, to exert a controlling influence on the plant species present. Hydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor growth and regeneration of hydrophytic vegetation. The term "wetland hydrology" encompasses all hydrologic characteristics of areas that are periodically inundated or have soils saturated to the surface at some time during the growing season. Areas with evident characteristics of wetland hydrology are those where the presence of water has an overriding influence on characteristics of vegetation and soils due to anaerobic and reducing conditions, respectively. Jurisdictional streams are defined as those streams exhibiting: a distinctive and usually continuos bed and bank; a stream bed substrate different from the surrounding terrain; no fibrous roots in the channel; the absence of wood wetland plants in the channel; aquatic life; strong presence of wrack lines; organic layer in the channel; and sometimes a nick point, or gradient change along the channel. There are sometimes exceptions to the general, rules and USACE and NCDWQ verifications are usually required. Stream and Wetlands Locations The steam and wetlands locations are noted on the attached maps prepared by ECS personnel. Office Use Only: Form Version April 20,01 011 USACE Action ID No. DWQ No. 3 71 i If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: v??Section 404 Permit ? Section 10 Permit [ 4401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Qu )r W krO 4U?Jp I 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 fbr mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: &, I11 Mailing Address: I> Telephone Number: Gj (mil - S(&:3-11 Fax Number: E-mail Address: rlOrle_ 2. Agent 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: I,?E,:I :TA,?A c .,? v.V Lt.-?? PG W Company Affiliation: r-- G5 ? ura Mailing Address: ?G ? Zo ? S 0-rll) . r., ,?7nel Telephone Number: E-mail Address: K,?-L Number: Page 3 of 12 III. Project Information 4. 5. 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: AsOwkc V_ V)9t\jiStc)r J 2. T.I.P. Project Number (NCDOT Only):_ N?Pt 3. Property Identification Number (Tax PIN): f 9 R '(o?i 8'g5 Location County: Nearest Town: L_&,N I Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): T.6,k.E F3&rojO 6. Describe the existing land use or condition of the site at the time of this application: 7. Property size (acres): r2? 8. Nearest body of water (stream/river/sound/ocean/lake): GkEE< 9. River Basin: I?!? ?j (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/.) Page 4 of 12 Site coordinates, if available (UTM or Lat/Long): (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.) 10. Describe the purpose of the proposed work: --T' -I S,-*A Q 151 E=ta? SLN{c., r a!!8 rw? 160,jc : UJ i r1A tc?'T S i ? C3 r , 3 r6 y /??, 11. List the type of equipment to be used to construct the project: (a?Vk4 :t Lw-V1)0 LA - 12. Describe the land use in the vicinity of this project: A6/VC Sl,TV24L , l4WsT/Zf,4t. SYq 0 04X iID C1,J -rt kL 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 M 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. kjow& V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: 46,Nf?-, 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. Page 5 of 12 1. Wetland Impacts 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's** 1 nu/ r1l 0 0(,S.S AQ? S'ri1. c "-t Pbn11t 1A 6 U-T(L rr? CktalnI C) N10 or,J y-c7J cf 19 l!- W uK , v t rJ D t J STiI hm 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 aps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-96116, or online at http://www.fema.eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams 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? leasespecify) 02 lLL e-JLVteZ b 2(. O 3, ' asst <x?t . 3 w cJW o' ihn ,v t.ts i?p List each impact separately and identity 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/gaiti), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation its proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online it www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.corb www.mapquest.com, etc.). - Cumulative impacts (linear distance in feet) to all streams on site: l Jk Page 6 of 12 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) (if Name p Waterbody applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. --acG ftl-gcr A- 6 e?'3 l?zs t?, ??(J t d U?,?' l t:.,? t?? ???,?A? Page 7 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. 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 httl2://h2o.enr.state.nc.us/ncwetlands/strtngide.htmi. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NorJL Page 8 of 12 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicatiing that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the applcation process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrn/index.4tm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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/SEPIA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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 (DWQ Only) 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 DWI Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. eWVia ...xhe projPc± i_mnact protected riparian buffers identified within 15A NCAC 2B .0233 euse), 15A NCAC 2B .02259 Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and er r upp y er equirements), or other (please identify HZO'sE, )? Yes No ? If you answered "yes", provide the following information: Page 9 of 12 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 to 00 3 N U A[L 2 1.5 L Total ?9 p rfbn(.;, "11rZ i cxLcnus uuL 3v ieeL perpenuicuiar rrom near DanK of cnannel; Gone 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. LL& XI. Stormwater (DWQ Only) 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. , aJ MI. CSC A-r'TN_-<'a 5 tW_- 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. Al-A- LL h6 1 EW A"TtfL "TJ _ GO t W7v ch4`?;t IIIE i 111 CS ? •, t, Poi T 1 XIII. Violations (DWQ Only) Is this site in violation of DW Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No pli cation? Is this an after-the-fact per5?1 Yes ? No Page 10 of 12 Sewage Disposal (DWQ Only) XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ?' 2y v J App ican gent's Signature Date (Agent' signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 Hula-Ly-b 1 1 b : o6 t1m SOUTHSIDE STORAGE Malting Address PO Box 1142 Mebane NC 27302 , Street Address ,805 Gibson Road Mebane 336-578-8272 336-213-5419 336-578.6252 fax fax TransmIttat V . GJi 1san P?? 9- 5t _ MID To: h in But from. C Date: g ?9) l P.01 If you have received this facsimile In error, please noti#y us Immedlatety. Thank you. Number of pages:-Jei. (Inctuding this page) US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National 1V US Fish and Wildlife Service Asheville Field, Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotahk 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville,.NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site:) hz?? c? ?P?Di S 1 a? Applicant/Owner: pG Investigator: t ? T-1?ru?t , V r'-j ic- a e_ Do Normal Circumstances exist on the site? es No Is the site significantly disturbed (Atypical Situation)? Yes No Is the area a potential Problem Area? Yes No Date: Z? o f County: 09'426' State: I-y-G Community ID: Transect ID: Plot ID: VEGET, Dominant Plant ies - Stratum Indicator 4. Sk*Vr4u.•1 L!O-,:`Ty .KJ >2 s. E /t4-`tX e. Dominant Plant Soecte• Stratum Indicator e. 10. 11. 12. ,3. 14. is. Percent of Dominant Species that are DBL. FACW or FAC Remarks: /V'0 S -rZe,,,/4 04_4A?-r1 . ,s r o s-rz 7' X25 HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream. Lake. or Tide Gouge Primary Indicators: _ Aerial Photographs Other Inundated `. No Recorded Data Avail bl Saturated in Upper 12 Inches _ _ a e Water Marks _ Drift Lines Field Observations: _ Sediment Deposits - Drainage Patterns In Wetlands Depth of Surface Water: Secondary Indicators (2 or more required): (in.) _ Oxidized Root Channels in Upper 12 itches Depth to Free Water In Pit _ Water-Stained Leaves (tn.) _ Local Soil Survey Data Depth to Saturated Sod: l _ FAC-Neutral Test _(in.) _ Other (Explain in Remarks) Remarks: f-b$ /?aT n//'lKf? (?1?Ts?y?L j r„! t1 !o `?o? f'U22?.QZF 132 Appendix B Blank and Example Data Forms SOILS Map u,il WarrN (Series and Phase): _P1 e? &,, edr Field Drainage Class: Field observations Tawnomy (Subgroup): Conflrm Mapped Type? Yes No Profile Description: Depth Matrix Color Monk Colors Mottle Abundance/ Texluro, Concretions. (Ipgl?Z Horizon fMunseil WWI (Munseil Moist) She/Contrast Structure- etc. d Z `l ? y2 _.,,.__,_.?_ ,r?a rill Hydric Soil Indicators: _ Hatosol _ Concretions Hstb Epipedon _ Hgh Organic content in Surface Layer In Sandy Solis _ Suilldb Odor _ Organic Streaking In Sandy Sots Aquic Moisture Regime _ Listed on Local Hydrb Solis List _ Reducing Conditions _ Listed on Mtlonal Hydric Soils List - Gleyed or LowrChroma Colors _ Other (Explain In Remarks) Remarks: n/O -?/?/L(C CAfoI WETLAND DETERMINATION Hydrophytic Vegetation Present? No (Circle) (Circle) Weiland Hydrology Present? Yea Hydrk Soils Present? Yes Is Us Sampling Point Within a Wetland? Yes Remarks: Ivo7 - tie-l- &--APJ oJ7 tVr- c) 4 c'gG &-otl!I f S ir?? N£r1? ?? t ?°L `? t IS?-4t1tt-C X200 /J 7.? n/E t.Jr t?C.. ?? tJ?l.4fS 7?2?t? ?yV?` c„/ Approved by HOUSACE 3192 Appendix B Blanc and Example Data Forms B3 b a ? c I? N N N N N N I o j P k cn (n W W QQQ I' I? a W WW 1 R N.?„? 3 Q Q Q Q ' S { s Z Z O O 000 Z T _ / F F F w 02"c-'2'07' w - r F F w ? ?A754' z ZZO Iv. IIg ++ 0 0 0oin R c k (n a <?a Q Q Q Q Q Q QQQ GAINES T N 04'58'17- E (3 N V40 0 V3NN1 N y CHAPEL E ?I I 742.49' N0458'fYE 65.27 41 (A ? w NNN(/} N (f) U) (? N (At) ROAD ?a 1 I' I k QQQQQQQQQaQ (SR 1316 ?? 4, C9?w cct9C9IXCCk:9X w w LL I / 0 o ao vv, aw ?i vii SSi0SS000Oo N ?! 1 H 04 OOON P. n .? II M .n- 00 to r N N M N^ W Y 1 P IVATE OPEN SPACE '$ r = TRACT Q) 30 q 4 I 623,8 14.32 2 A ES 1 C4 tn,* in (0 r- 00 (a l 407 ti g ? l a 5 E RECREATION SPACE 94.143 SF T 46 ACRES (TO BE MAI BY ORANGE COUNTY) ^ 1 ?t? 1 I ' IDOT ?? VlRT I .? 576.61' 239.. S 02'00'15' W S02'0015'W-38&06' S Ol'?O'15' W C3) S?teak ' i DRAINAGE NOTE 1. Properly Is k' 1 PROPO`. CUI VERT & ja cl 'r ,•? s "? n I SANITARY SEWER EASEMENTS ARE 20• WDE. /2 'WITARY SEWER/PEDESTRIAN EASEMENTS ARE 25' WIDE. 1LDESTRIAN EASEMENTS ARE 1D' WIDE. I I UTILITY EASEMENTS WILL BE DEDICATED ALONG BOTH SIDES OF ALL i RIGHT-OF-WAYS. I 1 1 I i 1 II I? . J- 1-? .?} `.?.? i + `? } ??'' f 411` ,,,'' 1 ' ! vJ/, ? '' /? / r! I, ? ?!??/ ? ? ?I? i ? .- r •.. i. . \? t. tom/ ? 1 l . ??? I ' f?,,,+! t , ? t ?? 4 ?•H/?fry i? l / • ;f' %1 I /? : _„r- , ?~ i . - 1 ~ )? 1?. j i ?} r•.'; ??`- ?" l` '>+r?_nr? a, C t• 11: r}?/ - ? ?1 ? ,?L ,1 ,,.,•?1p?? ' iL ?'/^ ="?" M=fa,?" 1 '.rr?.1•,t/.?•• -_ ._.t '?..r o'??. t? _.,? y • ,4?%..•?. v _?_'•: ,. ,,,> '??',?• -???v ?f; ??i) ? /-?'?-- ;,J:-.4-,. \1 'w r` p ' ' I' ?../ 1?? t ?t ? ??: :`F?r` • ?'r Q?1JAlM Hurtle t `? , /?_ ? h i 1 ? '? ]? Ijl ` ' f\ t? 1 -F•.1+??1 ?.. H•a •?'ro?ii ?.?M1T ? .'1 + V j.. r?...?,,??.?.?^ it ?.'?%,/1??1: ? J1E\ ! ? ,•:. . I t ''? : ? -? `? ? ? ?_. ? •y r ?_,-?Q,..7:,?f w,c}, ? r f ?.) / 1.fV{ I' .../'1` .•? I ? ?' ri }/ ?. ?:.. -1+•? ?? •? __?.+? i`p ?/ --^• ?•a`Yl r?? C `! .?.u;?? f1? f + .I JJ?(?y.?y?.+''; t ??•, J r ? f ? ? ? : J ? ??~ ubr lioht`? .1?• `.? ` - j ' ft; ,va :•'.-•/?` ?`':». ?`\ti/ ? ? ? •4? ` ? _ J??? ..r r IN*,,-.?.y .„r\?` fCCC_'?"aM1 ?• %'ur'?'???`????J ', ? . ?(r ' 1 \ 1 .r •/r /P l f ti f a no` F? + t I` t 'JI -? ? /• ? ; „? ?"'rl ; i L 14.E • 0 1 4 .: l a t? ?' ? ? ?' ?¢??,1?? Ilf?' t? ??,??"" • + , ? ; ? ?? ?:` ? ? ..._ . ? .?•...?-:? f / .. ? '? ?. ? '• ? l undary I?? ?`?./f?' f/•"'* +. ' ?. 1l? 2 tr L I f1Mlc ' . 14 f J'''r? . Approxunnte Property Bo el `ter ?•---,'.. . n • ?1?y tl?? 1yy. .i"f ti? \.; 11 I??' f / : + I' ` ? ' ? . - y---- f??r?• ?,,; . ?. ? ? ? ?'?'..t?? '_??k?..`•"a"?• .__? ;, { l +«' 11 4?• ? ? '?•i 1 1 Yi ?Q1_,? ' ?i (LI \- ??j ? 1 y ?•A'? gip,, .,Y^", '?-L,/ ,. ?4'` '?' .? rf`? ?i ?•,?? ' `?y r?<,}„ •? f.?-,.?.--t )1') •,} p(,??J? !1 '/,/?'?'rrfr'?y)y ,?-?,%frJra+ ,;?r?..; ??L? ' +,„-?r+-+: .'t_, ? ' r4"t ?? ?..??? J ' i,} /I ?? j?? ? f .??/ 1/r`?Il't`.•J 1 L`• ? ?,??}'.? ??? + j4? 1`? ? t ?\ ? / ? `_- ? rC- ?-?..??,.? ? r?l,/?t/?f !'? ? 4 ??--.? 14 J.. li-rff i, ?? ; ?„JS !` 4th'.?.` / sA i 1 lY' _ --aln.vrr-- ?. I .??j l ?•,C` '•,Jlf?-/?. ?,\??'.. ry?'?`J ?l t ,/,? '?"''r?r/? +? ?~ ?..'s y`- •J f \,.`"1?,? / / ~ " ,/^-= i , r t' ' ( `` l; ' °'11 w .?,?; ' ; ??- t''`om-' \ C-s'? 10 l 1•D Te?pQurlL Cry tt O 1!!! D1L?oiu , llM 141M Inir s DAi UIGI x1700 M 1ak- 1: 14,111 DNA: 15.0 D*m: W0114 Mf AA Iow14 n ma M 1 I viv Ulu! ----? >t?on Itta t aruo wN ttw'wt?i asrptt uet o tlArzHoi tw oio; v J? ^7 ice' "1 kAy 1, ?r Xluo 31urg oI xurg air spuripm .2uissoa:) iurwjS pasodo.id jo uotirz)o-l aIruitxo.iddd jr, turailS 7 010ud Xluo Nurg oI Nupg atr spurlaaAA, - Xarpunog ?Indo.td unisoM Ir wez)jlS :l oaoud L I £6# ID9fMId SDTDN'GNV Idd-NOISIAIQfffIS NDIA?HSd ASHWICK SUBDIVISION-EFLAND,NC-ECS PROJECT #9317 2 Photo 3: Photo Showing Bright Colored Soils Adjacent to Creek in Hand Auger ASHWICK Photo 4: Photo Showing Bright Colored Soils Adjacent to Creek in Bank 3 ASHWICK SUBDIVISION-EFLAND,NC-ECS PROJECT #9317 Pt Ph( 4 ENGINEERING CONSULTING SERVICES, LTD. Geotechnical * Construction Materials * Environmental r. odd Tugwell U.S. Army Corp of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Mr. Todd St. John Mr. Bob Zarzecky NCDENR-Division of Water Quality Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 01137 1 r L August 29, 2001 70 Re: Application for 401 & 404 Permits for Construction of Ashwick Subdivision US Highway 70, Efland, NC ECS Project # 9713 Gentleman: Enclosed please find pre-construction notification form for applications for 401 and 404 permits under NWP 39 and NWP 7 for construction of the Ashwick Subdivision in Efland, NC. The application is for impact to approximately 60 feet of stream and approximately .01 acres of wetlands. If you have any questions please do not hesitate to contact Benjamin V. Wilson, P.E. at (919) 544-1735. Respectfully, Enginee ing Consulti Services, Ltd. Benda ' V. Wilson, P.E. Princi al Engineer Vice President Attachments: 404/401PCN form with supporting documents PAYMENT 1 Copy to USACE RECEIVED 7 Copies to NCDWQ P. O. Box 12015, Research Triangle Park, North Carolina 27709 * (919) 544-1735 * FAX (919) 544-0810. 1-800-327-5832 • www.ecslimited.com Aberdeen, MD* • Atlanta, GA • Austin, TX • Baltimore, MD • Chantilly, VA • Charlotte, NC • Chicago, IL • Cornelia, GA* - Dallas, TX • Danville, VA* Frederick, MD iFredericksburg, VA Greensboro, NC • Greenville, SC • Norfolk, VA • Research Triangle Park, NC • Richmond, VA - Roanoke, VA • San Antonio, TX • Williamsburg, VA Wilmington, NC • Winchester, VA *Testing Services Only I ENGINEERING CON TING SERVICES, LTD. UtIAL;M ANU HtIAIN IMib to IAIt1YItNI THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW IF NOT CORRECT, PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED NCDENR - Dd viz on o j WateA Quat ty SeptembeA 7, 2001 $200-00 Peu4,ts 401 9 404 Pnoj ect 9713