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HomeMy WebLinkAbout20011716 Ver 1_COMPLETE FILE_20011121 (2)OF W ATFRQG r Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality February 27, 2002 DWQ Project # 01-1716 Johnston County Jeffrey Brannon 111 Grovemont Drive Greenville, NC 27834 Subject Property: Brannon Tract, Dunn Road (SR 1945), Johnston County Long Creek [03-04-04, 27-52-4, C NSW] APPROVAL of 401 Water Quality Certification Dear Mr. Brannon, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.48 acres of wetlands to construct the proposed driveway as you described within your application dated November 16, 2001 (received by this office on November 21, 2001). After reviewing your application, we have decided that this fill is covered by the NC Division of Water Quality (DWQ), General Water Quality Certification Number 3287 (GC3287). This Certification allows you to use Nationwide Permit No. 39 when issued by the US Army Corps of Engineers (USAGE). In addition, you should get or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) a Sediment and Erosion Control Permit. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in GC3287. This approval is only valid for the purpose and design that you described in your application dated November 16, 2001. 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 is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland, compensatory wetland mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid you must follow the conditions listed in GC3287 and the additional conditions listed below. Conditions: • Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and/or buffer impacts. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh. NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. On February 22, 2002, DWQ staff conducted an on-site determination of the drainage feature located on the property and indicated as a stream on both the Flowers, NC 1998 USGS topographic map and Johnston County Soil Survey. As a result of this on-site determination, the DWQ has determined that no surface waters subject to the Neuse River Buffer Rules (15A NCAC 2B .0233) exist on the subject property. 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 I'vIr. Steve Mitchell at 919-571-4700 or Mr. Bob Zarzecki at 919-733-9726. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center. Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 91?-733-6893 (fax), http://h2o.enr.state.nc.us,ncwetlands/ Page 2 of 2 Sincerely, 1v ry J. Thorpe, Ph.D. NI WQ, Acting Dirctor Cc: Michael G. Wood, The Catena Group, 303`P d Lily Ct., Hillsborough, NC 27278 Steve Mitchell, DWQ Raleigh Regional Office File Copy Central Files DWQ 011716 MEMORANDUM TO: John Dorney Regional Contact: Steve Mitchell Non-Discharge Branch WO Supervisor: Ken Schuster Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Jeffrey Brannan County Johnston Project Number 01 1716 County2 Recvd From APP Region Raleigh Received Date 11/21/01 Recvd By Region Project Type residence Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 39 OTH F-7 O N F__ F 27-52-4 F c NSW 30,404. F_ F Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: HOLD at least. application states that both Soils nad USGS depict a feature onsite but I can find no letter or evidence of a site visit. cc: Regional Office Central Office Page Number 1 OF WATF9 ? P O G o -r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality January 9, 2002 DWQ #01-1716 Johnston County CERTIFIED MAIL- RETURN RECEIPT REQUESTED Jeffery Brannan 111 Grovemont Drive Unit 4-F Greenville, NC 27834 Dear Mr. Brannan: On December 21, 2001, the Division of Water Cuality (DWQ) was notified by receipt of your application regarding your plans to 5il wetlands and possible streams for the purpose of constructing a driveway to a single-family home at the Brannan Tract in Johnston County. Approval from DWQ is required to disturb these areas. Please provide seven copies of the following information and refer to the DWQ number listed above in your reply. You state that the channel shown on USGS and County soil maps is an ephemeral channel. However, we have no record that DWQ staff has visited the site to confirm this. Until that site v t occurs. we must consider this stream to be subject to the Neuse River buffer rules. Please cail me at (919) 733-1786 if you have any questions or would require copies of our rules or procedural materials. This project vriil remain on hold as incomplete in accordance with 15 A NCAC 2H .0505 (c). The processing time for this application vrlll begin when this information is r>rceiy+ . If vre do not hear from you within three (3) weeks of the receipt of this letLu, -ire wiil assume that you no longer vent to pursue this project and will consider it withdrawn. Sincerely yours, John Domey Cc Rabeigh DWQ Regional Office Raleigh Corps of Engineers Central Fies Fie Copy f ftetlad Wood We"Jaws.A.0; Unt 1650 Mail Service Center Paerh. NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 N ENR A Custorhier Service 1 8od 623-7748 \y' y j "%aZ . T 4 ^C: Michael F. Easley w? Governor William G. Ross,Jr.Secretary - Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality C?-?any q z? 2- ,pin) D Q# 0 I- O l e County Ir\Ul?l S?VQ, c?cQ0 5 Ljod-J Dear Mr. 'V O)Voovl- On ??? the Division f Water Quality (DW) was notified by r e(('pt of your applications regarding your plan to fill wetlands for the purpose of in WvtS?(` County. Approval from DWQ is required to disturb these Ckff ea s . Please provi seven copies of the following information and refer to the DWQ # listed above in your reply 1 Please show these on maps of suitable scale (for instance 1' = 100 feet) so we can begi ptode4termine your projects' compliance with 15A NCAC 2H.0500. 0 b -- ?-J- l? Please call me at (919) 733-1786 if you have any questions or would equire copies of our rules or procedural materials. This project will remain on hold as incomplete in acc rdance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this inform on is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer ant to pursue the project and will consider it withdrawn. Sincerely, R. Dorney u 5 4j- John s lYl ri Bf?wa Y?sr Cc: DWQ Regional Office Corps of Engineers :.. Fp r rile Copy Central Files .. V'S LDERN Division of Water Quardy 1650 Mad Service Center Raleigh, NC 27699-1650 Wedands1401 Unit (919) 733-1786 Fax: (919) 733-6893 J rwld) a •i ??y.,.35? ??,? ._ t 1 d 0 'T 1j r1. 'r•NYI -4Q- FILE COPY Date: /J • 2 Qd_C? J To: IORRO Steve Mitchell ?FRO Ken Averitte ?WaRO Deborah Sawyer ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye LIARO Mike Parker ?MRO Pete Colwell Triage Check List Project Name JPt?Y?Nnk? DWQ Project Number U/[ 7/ CountyNr From: ,Sf J I ?1 ?'`? w elephone (919) 733- 1 _7bb. The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USGW topo maps ?linimization/avoidance issues . ruffer Rules (Neuse, Tar-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 Comments 011716 November 16, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 ATTN: Mr. John Thomas Dear Sir: FILE COPY SUBJECT: NATIONWIDE PERMIT 39 APPLICATION FOR THE BRANNAN TRACT, DUNN ROAD (SR 1945), JOHNSTON COUNTY. Please find enclosed the permit application Pre-construction Notification (Attachment A) for the subject project. The proposed project is a 16-foot wide driveway to access a future single- family dwelling. The driveway is to be located approximately 50 feet from the western property line and runs from Dunn Road (SR 1945) to the future house lot site in the southern portion of the tract, a distance of approximately 1650 feet. ENVIRONMENTAL IMPACTS Wetlands: A large wetland makes up approximately the front two-thirds (or northern two- thirds) of the tract. The wetland was delineated using the criteria specified in the 1987 Corps of Engineers Wetland Delineation Manual. The entire wetland line was not delineated, but the first 90 feet from the west property line, enough to include the width of the proposed driveway. Mr. John Thomas of the United States Army Corps of Engineers (ACOE) Raleigh Regulatory Field Office verified the delineation on October 2, 2001. The wetland data sheets and report is included in the Jurisdictional Waters of the United States report in Attachment C. The proposed driveway will be 16-feet wide. This width is necessary to allow access for emergency vehicles. The driveway will impact 1319 linear feet of wetland resulting in a total of 0.48 acre of fill in wetlands. The Site Plan in Attachment B details the impacts. Surface Waters: There is a drainage way that runs from west to east through the wetland. This feature is shown on the Johnston County Soil Survey (October 1994) and USGS quad map (Flowers, NC) as an intermittent stream. In the Section entitled Surface Waters in the attached Jurisdictional Waters of the United States report in Attachment C, this feature is classified as an ephemeral channel and not an intermittent stream. In addition to the reasons listed in that report, the stream was rated using the NCDWQ Stream Classification Form (Attachment D) and received a score of 10.25, well below the 19.0 threshold used to indicate an intermittent stream. The USACE concurred with this assessment on the October 2, 2001 field meeting. Considering all these factors, there will be no surface water impacts as a result of this project. ?) -g f___r1 ? V ---1 2 It should be noted that the NC Division of Water Quality (NCDWQ) was contacted several times in an attempt to schedule a field assessment of the ephemeral channel, however these contacts never received a response. Neuse River Buffers: Since there are no surface waters, there will no impacts to Neuse River Riparian Buffers. Avoidance & Minimization: The only'. potion of the land that is suitable for an on-site wastewater system is in the southern portion,.of the tract beyond the wetland. In addition, this area will provide a better footing for a foundation. An easement was requested from the landowners between the southern boundary of the Brannan Tract and Branch Chapel Church Road (SR 1947), however they all refused which left Dunn Road as the only way to access the lot. The driveway was designed to minimize the impact to wetlands while providing adequate clearance for emergency vehicles. Three cross pipes will be placed under the driveway to facilitate the continued movement of water across the wetland. No future development is planned for this tract. Considering these factors, impacts have been avoided and minimized to the extent practicable. CONCLUSION It is anticipated that these activities will be authorized through a Section 404 Nationwide Permit 39. By copy of this application, the NCDOT requests that the NC Division of Water Quality review the proposal for authorization by a 401 Water Quality Certification. A payment of $200.00 and seven copies of the application packet are enclosed to facilitate this review. If you have any questions or need any additional information, please contact Mr. Michael Wood (919) 732-1300. Sincerely, effrey rannan cc w/ attachments: Mr. John Dorney, Division of Water Quality Mr. Michael Wood, The Catena Group Office Use Only: 011716 Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Jeffrey G. Brannan Mailing Address: 111 Grovemont Drive Unit 4-F Greenville NC 27834 Telephone Number: 252-246-6263 Fax Number: 252-246-6051 E-mail Address: JeflB2466aol.com 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: Michael G. Wood Company Affiliation: The Catena Group Mailing Address: 303 Pond Lily Ct. Hillsborough. NC 27278 Telephone Number: 919-732-1300 Fax Number: 919-732-1303 E-mail Address: mikegwood(n?juno.com Page 3 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Brannan Tract 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 2618-58-5735 4. Location County: Johnston Nearest Town: Selma Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Clayton, travel 42 east to NC 96. Take a right onto NC 96 south. Take first left onto Dunn Road (SR 1945). Lot is on the right, marked by lime green staubs. A farm pond is on the apposite side of the road 5. Site coordinates, if available (UTM or Lat/Long): N/A (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. Describe the existing land use or condition of the site at the time of this application: Wooded 7. Property size (acres): 19.29 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Long Creek 9. River Basin: Neuse (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/.) n___ A ..C 1'% 10. Describe the purpose of the proposed work: Construction of a drive way to provide access to a single family residence 11. List the type of equipment to be used to construct the project: Bull dozer, dump truck, leveler 12. Describe the land use in the vicinity of this project: Agricultural 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. N/A 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: No 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 Page 5 of 12 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. 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*** A Filling 0.48 No 500 Headwater Forest * 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.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 16.3 acres Total area of wetland impact proposed: 0.48 acres 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 Im act Perennial or Intermittent? leasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the neatest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usps.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.lppozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 feet D...... L ..F 11 3. 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 applicable) Wate) Type of Waterbody (lake' pond, estuary, sound, bay, ean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: in], excavation, areaging, 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. The only potion of the land that is suitable for an on-site wastewater system is in the southern portion of the tract, beyond the wetlands. This area will also provide a better footing for the foundation. An easement was requested from the landowners between the southern boundary of the Brannan Tract and Branch Chapel Church Road (SR 1947), however they all refused, which left Dunn Road as the only way to access the lot. The driveway was then designed to the minimum width (16 feet) that is necessary to allow access to emergency vehicles Three cross pipes will be placed under the driveway to facilitate the continued movement of water across the wetland, minimizing wetland impacts. 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 http://h2o.enr.state.nc.us/ncwetlands/strmgide.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. None proposed 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 indicating 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 application process for the NCWRP, check the NCWRP website at hitp:/Wo.enr.state.nc.us/vap/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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/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 (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 DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 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: 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* mpaf t Multiplier Mtequired 1 3 2 1.5 Total ' Zone I 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. N/A 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. Impervious acreage will include only the footprint of the dwelling and the drivewav. a maximum of 3% of the total acreage of the site. Since such a small percentage of the total area will become impervious, no stormwater controls are proposed. XII. Sewage Disposal (DWQ Only) 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. On-site wastewater subsurface system for the family residence. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No n..-_ , n -c III I. 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). D Applicant/ fs ignature 'Datd (Agent's si tur 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) 271-4858 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 Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest 24 Fn ?Le 231 HAR O 24 rossroads 'foe in 1733 ss tilleys Cr roads 4 in Cr era ub 1733 D'xJ road Moor C_ pel moot ss a ils Chapel 42 rdan r C ossr ds 42 4 42 Brannan P' lowers 42 Tract I iver Pic i 22 c 96 CC? ?P4t , B alo Creek 70 70A Pison§ Mills 9 7°. Z'0 96 4 301 -po L ¢r ey Heights _ 301 _ 2335 70 70 / u i mpl rba VICINITY MAP The N - Catena Brannan Tract Group Dunn Rd. (SR 1945) W E Johnston County S 303 Pond Lily Court Selma, NC 1" = 1.0 mile Hillsborough, NC 27278 08/09/01 09:02 FAX 152 24U U051 -415 AREA Or m m N L C A tr N +? C p ? w ?.?. m Q+,? 4 fh0 C? ?U C rcNo w 0 w ++ L N C- L 0 0O 1 I wlUU2 I I I ? i ? CD l7 (V N co ?` II ? t O U ? •C 1 I I I r ti / I e` ? I I `Q f h N •? .7 ? /f= The Catena Group Jurisdictional Waters of the United States Brannon Tract Dunn Road (SR 1945) Johnston County Selma, North Carolina Prepared For: Jeffrey G. Brannon 111 Grovemont Drive Unit F-4 Greenville, NC 27834 Prepared By: The Catena Group Hillsborough, North Carolina August 13, 2001 o wcu 6'. wk' / 303 Pond Lily Court Hillsborough, NC 27278 (919) 732-7299 SOIL a kit, '- ,,- INTRODUCTION The following report is submitted to assist in an assessment of the jurisdictional waters of the United States on approximately 17 acres comprising the Brannan Tract on Dunn Road (SR 1945) north of the Town of Selma, Johnston County, North Carolina (Figure 1). Jurisdictional waters of the United States include most interstate and intrastate surface waters (ponds and streams), tributaries, and wetlands. PRIMARY INVESTIGATOR'S CREDENTIALS Principal Investigator: Michael G. Wood N.C. Licensed Soil Scientist (Certification # 1219) Certified Grade 1 Water Pollution Control System Operator (Certification # 19595) Education: M.S. Soil Science, University of Rhode Island, Kinston, RI B.S. Recreation Management, University of Vermont, Burlington, VT PRELIMINARY INVESTIGATION Research was conducted prior to field investigations. Information sources used in pre-field investigation of the study area consisted of the Natural Resources Conservation Service (MRCS - formally SCS) soils map of Johnston County and the United States Geologic Survey (USGS) topographic quadrangle map (Flowers). The tract is in the Neuse River Basin. Both the USGS topographic map and the Johnston County Soil Survey indicate an unnamed tributary to Long Branch on the tract. The tributary roughly bisects the property. The North Carolina Division of Water Quality (DWQ) has assigned a best usage classification to all streams in North Carolina. The classification of Long Branch [Index no. 27-57-15] is C NSW. Unnamed tributaries receive the same best usage classification as the named streams into which they flow. Therefore, the classification of the tributary on this tract is C NSW. The "C" classification denotes freshwaters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The "NSW" classification denotes nutrient sensitive waters that need additional nutrient management and has been given to all streams in the Neuse River Basin. FIELD INVESTIGATION WETLANDS. The field investigation was conducted on August 8, 2001. Wetlands were determined pursuant to the 1987 Corps of Engineers Wetland Delineation Manual. The three parameter approach is used where hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must be present for an area to be considered a wetland. The approximately northern two-thirds of the tract was determined to be a wetland. Due to the density of the underbrush, most of the delineation was made by traversing the cut property line. The wetland area is relatively flat but has many drainage features that eventually drain to the ephemeral channel that crosses the property. Therefore, the wetland was classed as a Headwater Forest, according to the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management; Field Guide to North Carolina Wetlands (Report No. 96-01, 1996). A partial wetland line was delineated starting from the western property line using pink and black striped flagging. Six flags, numbered Al - A6, demarcate the line for approximately 90 feet. This was felt to be sufficient since the proposed impact area will be within 70 feet of the property line. Wetland data forms are included with this report. SURFACE WATERS. Jurisdictional surface waters are those streams deemed as intermittent or perennial streams. The determination of where a storm water (ephemeral) channel became an intermittent stream was determined by using indicators provided on the DWQ Stream Classification form and personal experience. As previously mentioned, both the topographic map and the soil survey have mapped a tributary to Long Branch on the property. While there are many small draws and channel throughout the wetland, there is one dominant feature that is presumed to be the mapped tributary. This feature was dry at the time of this investigation. Some of the other features of the tributary include: • No textural difference in the stream bottom and the surrounding terrain • Lack of any indications of overbank flooding (levees, bankfull bench) • Rooted plants and fibrous present in streambed Considering the aforementioned features, it is the opinion of The Catena Group that this tributary is an ephemeral (storm water) channel and therefore not a jurisdictional stream. NEUSE RIVER BUFFERS. According to state regulation 15A NCAC 2B .0233(3), a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map or topographic map. Both maps show a feature on this property. However, for reasons stated in the previous section "Surface Waters", the feature on this property, at least within the area of potential impact, is considered to be an ephemeral channel and therefore is not subject to the Neuse River Buffers. CONCLUSION The findings presented herein represent The Catena Group's professional opinion based on our site evaluation and knowledge of the current federal and state laws and rules governing Jurisdictional Waters of the United States. A wetland line was delineated within the area of potential impact. The surface water feature on the property was classified as an ephemeral channel and therefore not considered a jurisdictional surface water. However, the wetland delineation as well as the stream classification needs to be verified by the United State Army Corps of Engineers and possibly personnel from the North Carolina Division of Water Quality. Any concurrence with the findings of this report would be made at that time. AGEtnson Lake mso I Po d Dam 42, Brannon 41 Tract sR 1946 S 21 ` z N \ a Figure 1 - location Map Brannan Tract N Dunn Rd. (SR 1945) W E Johnston County S North Carolina 1" = 1.0 mile 303 Pond Lily Court Hillsborough, NC 27278 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Man„al1 Project/Site : Brannan Tract Date : 08/08/2001 Applicant/Owner : Jeffrey G. Brannan County: Johnston Investigator : Michael Wood State : NC Normal Circumstances? Yes Community ID Wetland Significantly Disturbed (atypical)? No Transect ID Potential Problem Area? No /L' Plot ID: _GETATION Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind. Acer rubrum T FAC Pinus taeda T FAC Liquidambar styraciflua T FAC+ Vaccinium corymbosum S/Sh FACW Gaylussacia dumosa S/Sh FAC Smilax rotundifolia WV FAC Percent Dominance Remarks: ---- -- 100.0% FAC Neutral Test 100.0% HYDROLOGY Recorded Data (described below): Remarks'--Wetland Hydrology Indicators: Stream, Lake or Tide Gaug Aerial Photographs: Other: Depth of Surface Water 0 in Depth of Saturated Soil >12 in Depth to FreeWater in Pit >12 in - Primary: Drainage Patterns in Wetlands Secondary: Oxidized Root Channels in Upper 12 inches Soil Series: Soil Taxonomy Pro t?°le Description: Depth (in.) Horizon Matrix (Munsell Moist) 0-4 A 10 YR 4/1 4-12+ EB 10 YR 6/2 Hydric Soil Indicators: Gleyed or Low-Chroma Colors Drainage Class: Do Field Observations Confirm Mapped Type? Mottle Mottle Texture, Concertions (Munsell Moist) Abundance/Contrast Structure, etc. Sandy Loam 10 YR 5/6 Many/Distinct Sandy Loam ..?. L.r%11%v vc= ?r??nn?n t ivt? is riyaropnytic vegetation Criteria met? Yes Remarks: Is Hydrology Criteria met? Yes Is Hydric Soils Criteria met Yes Is Sampling Point Within a Wetland? Yes ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site : Brannan Tract Date : 08/08/2001 Applicant/Owner : Jeffrey G. Brannan County: Johnston Investigator : Michael Wood State : NC Normal Circumstances? Yes Community ID Upland Significantly Disturbed (atypical)? No Transect ID Potential Problem Area? No Plot ID: VLUETATIUN Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind. Acer rubrum T FAC Smilax rotundifolia WV FAC Pinus taeda T FAC Liquidambar styraciflua T FAC+ Clethra alnifolia S/Sh FACW Ilex opaca S/Sh FAC- Vaccinium corymbosum S/Sh FACW Cypripedium acaule H FAC Pteridium aquilinum H FACU Remarks: Percent Dominance 77.8% FAC Neutral Test 60.0 Rio HYURULUUY Recorded Data (described below): Wetland Hydrology Indicators: Stream, Lake or Tide Gaug Primary: Aerial Photographs: Other: Depth of Surface Water 0 in Depth of Saturated Soil >14 in Depth to FreeWater in Pit >14 in RP MA r V - - - Secondary: '*l Soil Series: Soil Taxonomy Drainage Class: Do Field Observations Confirm Mapped Type? Profile Description: Matrix Mottre Mottle Texture, Concertions Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3 A 10 YR 4/1 Sandy Loam 3-8 E 10 YR 6/3 10 YR 6/6 Many/Distinct Sandy Loam 10 YR 511 Few/Distinct 8-14+ Bt 10 YR 6/3 10 YR 6/6 Many/Distinct Sandy Loam 10 YR 511 Common/Distinct WETLAND DETERMINATION Is Hydrophytic Vegetation Criteria met? Yes Remarks: Is Hydrology Criteria met? No Is Hydric Soils Criteria met No Is Sampling Point Within a Wetland? No Nt;y W V stream l:lassincation rorm Project Name: 8AAnNA4 ^ft,r River Basin: NWS6 County: IWAIST7)" Evaluator: M,' WOOD DWQ Project Number: Nearest Named Stream: t± Dirk, CK - Latitude: Signature: Date: 1011-101 USGS QUAD: FLC)WC-A.6 Longitude: Station #: r Location/Directions: *PLEASE NOTE: If evaluator and landowner agree that the feature Is a man-made ditch, then use of this form is not necessary. Also, If In the best professional Judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream--this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) 2) Is The USDA Texture In Streambed 5) is i nere An Active (ur Kenc) 9) Is A Continuous Bed & Bank Present? 0I 2 3 ONOTE: It Bed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0 •) 10) Is A 2" Order Or Greater Channel (As Indicated PRIMARY GEOMORPHOLOGY INDICATOR POINTS: II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater PRIMARY HYDROLOGY INDICATOR 2 Secondary Field Indicators: (Circle One Number Per Line) PRIMARY BIOLOGY INDICATOR POINTS:__2.__ 3) Does Topography Indicate A 10;z%