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HomeMy WebLinkAbout20020417 Ver 1_COMPLETE FILE_20020320k-) OJ t> o 2 ,cX'i `7 oZ ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Original Signed by J. R. Linville Habitat Conservation Program DATE: March 21, 2002 SUBJECT: Review of an application for Royster Creek Crossing (commercial development), McGill Creek, Cleveland County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project includes two culvert crossings for a total of 298 linear feet of perennial stream impacts. Plans included with the application were too small to decipher. The crossings are indicated to be necessary to access the wooded site for development. It is not clear if the impacts are unavoidable by bridging. However, based on the information provided by the applicant and our review of the project area, it does not appear that this project will cause significant effects to waters providing erosion control and stormwater best management practices are provided. Culverts 48" diameter or larger should be buried one foot into the streambed and culverts less than 48" in diameter should be buried to a depth equal to or greater than 20% their diameter. This should provide for aquatic life passage. As two perennial crossings are indicted, the NC Division of Water Quality should review the proposed site and application, as a 401 Certification and/or mitigation could be appropriate. Cumulative impacts may be a concern. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Mike Parker, DWQ-MRO Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 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 April 30, 2002 DWQ# 02-0417 Cleveland County Sincerely, D.W. Royster P.O. Box 146 Shelby, NC, 28151 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Royster: You have our approval, in accordance with the attached conditions, to place fill in 149 linear feet of perennial streams in order to construct a single road crossing at the Battle Forest Drive development in Cleveland County, as described in your revised application received by the Division of Water Quality on April 4, April 12 and April 25, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at http:Hh2o.enr.state.nc.us . This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. You should send an application to the Division of Land Resources for their review of your project under dam safety rules as well as erosion and sediment control. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands . 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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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 Samar Bou-Ghazale in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in Raleigh at 919- 733-9721. Attachments I ry J. T rpe, Ph cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Jonathan Hollifield, 152 East Main St., Forest City, NC, 28043 020417 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), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ MEMORANDUM TO: John Dorney Regional Contact: Samar Bou-ghazale Non-Discharge Branch WQ Supervisor: Rex Gleason Date: 4/26!2002 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Battle Forest Drive (David Royster) County ;Cleveland Project Number 02 0417 County2 Recvd From APP Region Mooresville Received Date 3/20/02 Recvd By Region Project Type Commercial Residential Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact. Score Index Prim. Supp. Basin Req. Req. 39 Stream O Y OO N F- l 1-135-2 F -(- -F-F36,837. F -- 298.00 F('litz FT O 1' O ?? ??F__ F__ 3n.?37. r-F__O Y _0N F__ F_ F_F_ F_ F_ F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? o Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? Q Y (0 N Recommendation: Q Issue ® Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Per conversation with Jonathan Hollifield, Engineer with Odom & Associates, on 4/25/02, the applicant wishes to revise the impact to the stream and delete one of the stream crossing. The total impact to the stream is now 149 feet instead of 298 feet as per the submitted application. No 401 certification is needed at this time since the impact to the stream is less than 150 feet. Our concern r is that the applicant might disturb additional stream footage in the future, but circumvent the need for a ep it by limitin tg he impact to 149 feet. Mr. Hollifield was informed by the writer that any new impact to this stream or any other stream in the subdivision requires a 401 Certification, cc: Regional.Off ice Central Office Page Number 1 Thursday, April 25, 2002 327 PM Odom & Associates 828-247-4498 p•U1 Attention: Mike Horan Company: Fax Number: 19197336893 Voice Number: From: Odom & Associates Company: Fax Number: 828-247-4498 Voice Number: 828-247-4495 Subject: DWQ #02-0417 Date: 4/25/2002 Number of Pages: 2 Comments: Samar Bou-Ghazale with your Mooresville regional office was review this plan (Battle Forest Drive) and noticed that in the PCN Application we show 298 feet of stream impact. THIS IS INCORRECT. We will only be disturbing 149 feet of stream. This fax includes a corrected PCN application page 6. If you have any questions please call me at 828-247-4495. Jonathan Hollifield Thursday, April 25, 2002 3:27 PM Odom & Associates 828-247-4498 1. Wetland Impacts Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N!A h d le 'n adin fill * List each impact separately and identify temporary impacts. Impacts include, but are not ]rmrted to. mec antze c an g, gr g, 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 l/www.femaeov. *** 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 p.ul Stream Impact Site Number indicate on map) Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) I Culvert 149 UT to McGill Creek 3 ft. Perennial _7.a.. L.., .. ...,t i-ZA t- d U otts Ana mgnciated rin-ran. k List each impact separately and identify temporary rmpacW. iucpacw ,,,?.u..., °... - -- - - -- dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losegain), 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 nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at ?vww.usas.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www to g=z .com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 149 Page 6 of 12 ._ All, -Triage Check List Date: To: ?RRO Steve Mitchell Project Name i 'v-U r . ?FRO Ken Ave:itte DWQ Project Number ?WaRO Deborah Sawyer County_-(?, Z-O ?WRO Joanne Stee Buis ?WSRO Jennifer Frye OARO Mike Parker MRO 1?.e- oh- From: c _ Telephone (919) 733- The file a-LL=-(:hed is being forwarded to you for your evaluation. Please call if you need assisi4c1)C.G. 1 - ?--z-- Stream Length unpact d can de:-=. fi E5w 3ct [i Weband d=.`mir35on and distance to blue4ine surface waters on USGW topo maps pl?fi '-crvavoid=_r?ce issues r'e\ ty;4' F-i Edrier Fsa es (Ne-ze-, i ar-Pamilco, Catawba, Randleman) ? Pond ?i?rig?io?n 1?.?--t?s _ _ - - - - - A a t-•e s n a.-1d or- wetland mitigation sites available and viable? %?Check aaw?)as fcc aca rrcy s : - - - ?? is the apph=aticn cuisstent with'p?e-application meetinas? - - ' J??-\_' ? ? ??c_°? - .-- z •Z-y- -?`"? 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Please Recyde • k • machine is on the hlk* so rm swxfM this fa x again. ru cd to make sure you received \E .` V / A 4AD ? . . • • • • • . • . • • • • • • • . • ? . Apr 12 02 01:35p Odom & Associates 828-247-4498 p.2 Attention: Michael Horan Date: 4/4/2002 Company: Number of Pages: 2 Fax Number: 19197336893 Voice Number: From: Odom & Associates Company: Fax Number. 828-247-4498 Voice Number: 828.247-4495 Subject: Comments: Apr 12 02 01:35p Odom & Associates 828-247-4498 y x r, Co r?= p X. V1 .? 06 J 0 X ? xw ;nxL: XCL- i ?- Y. Z2 ;r ? 2 ? G / rJ ? ? / <Z- -IV AF ..j xz- m c3 .,) ?r i? S p.3 \o?oF war FgQG o -c 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 April 1, 2002 DWQ # 02-0417 Cleveland County CERTIFIED MAIL - RETURN RECEIPT REQUESTED D. W. Royster Post Office Box 146 COUP Shelby, NC 28151 Dear Mr. Royster: On March 20, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to culvert McGill Creek for the purpose of providing road access on to the site in Cleveland County. Approval from DWQ is required to disturb these stream areas. Please provide us ,v6th seven copies of the following information and refer to the DWQ# listed above in your reply. In particular as described in 15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show these on maps of suitable scale (for instance V = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. A site plan is needed for the proposed construction and should indicate detailed measurements. Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Program cc: Mooresville DWQ Regional Office Asheville Corps of Engineers Odom & Associates Central Files File Copy N"A NCDEN7R North Carolina Division of Water Quality, Wetlands/401 Certification Unit 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) Ph: (919) 733-1786, Fax: (919) 733-6893, hftp://h2o.enr.state.nc.us/ncwetiands/ ' Odom &Associates Engineering, Inc. REGISTERED MAIL March 7, 2002 :41T C Ie MAR 2 0 2002 --j WETUNOS GROUP WATER QUALITY SECTIONn_j MAR 0 i? 0204 1 X11 Mr. Robert Ridings Division of Water Quality 2321 Crabtree Boulevard Parkview Building Suite 250 Raleigh, North Carolina 27604 Dear Mr. Ridings: RE: Royster Creek Crossing Please find enclosed seven (7) copies of the PCN Application and design for crossing two (2) creeks on the property in question. Should you have any questions or comments regarding this matter, please do not hesitate to give me a call. Sincerely, Jonathan F. Hollifield 152 East Main Street • Forest City, North Carolina 28043 0 (828) 247-4495 • Fax (828) 247-4498 rIL r COP MAR i00? . t?F 0 wATF'4 ?G 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 http://www.saw.usace.a!M.mil/wetlands/Perin app.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 hILtp://www.saw.usace.@my.mil/wetlands/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 1 of 1 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 - Submit one copy of 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. 12893 (March 9, 2000), available at h=://www saw usace army mil/wetlands/nwpfmalFedReg.ndf 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 required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service 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 of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina 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 htty //h2o ehnr.state.nc.us/ncwetlands/f`ees.ht nl. 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 2 Office Use Only: 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: Nationwide 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: D W Rooster Mailing Address: P.O. Box 146 Shelby North Carolina. 28151 Telephone Number: (704) 487-8547 Fax Number: (704) 487-8056 E-mail Address: 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: Company Affiliation: Odom & Associates Mailing Address: 152 East Main Street Forest City North Carolina 28043 Telephone Number: (828) 247-4495 Fax Number: (828) 247-4498 E-mail Address: Page 3 of 3 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: Battle Forest Drive 2. T.I.P. Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): 4. Location County: Cleveland Nearest Town: King's Mountain Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Property is located at intersection of Highway 161 and 74 bypass 5. 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.) 6. Describe the existing land use or condition of the site at the time of this application: Currently the land is an unused wooded area. 7. Property size (acres): 12.3 acres 8. Nearest body of water (stream/river/sound/ocean/lake): McGill Creek 9. River Basin: Catawba (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.g /admin/maps/.) Page 4 of 4 10. Describe the purpose of the proposed work: To place a culvert in two separate streams to provide access to a site 11. List the type of equipment to be used to construct the project: dozer, front end loader, compactor 12. Describe the land use in the vicinity of this project: commercial 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: N/A 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 5 1. Wetland Impacts 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*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nil, 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 h=://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: 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) 1 Culvert 149 UT to McGill Creek 3 ft. Perennial 2 Culvert 149 UT to McGill Creek 3 ft. Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: cu verns ana associaiea rip-rap, darns (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 nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.Mozone.com, www.mapguest.com etc.). Cumulative impacts (linear distance in feet) to all streams on site: 298 Page 6 of 6 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 Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A 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. Both crossings are necessary to fully access all parts of the property Page 7 of 7 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 hLtp://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. N/A Page 8 of 8 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 ho://h2o.enr.state.nc.m /mo/index.httn. 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 N/A )? Yes ? No ? If you answered "yes", provide the following information: Page 9 of 9 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 s ttare feet Multiplier Required Mitigation 1 3 2 1.5 Total 'Lone 1 extends out 3u teet perpenaicuiar aom near Dam, of cnain,ci; i-unc a UAWILUD all 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. N/A XH. 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. N/A XIH. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 10 of 10 J V / GVVL J YJ / •' 1'1 -VI'1 V/"1? 3 1 VV 1 VI YVJ. A-. / V••. .aV / VC.IJV 11I44GMay. IV1EIIIA{ vi. duUA J.u1 rivI UvutII & ASSN ULOS OGC-L4I-"we XIV. Other CiMUMstMen (Optional): sufficiently in advance.of desired It is the applicant's responsibility to submit the application- its. However, an applicant may construction dates to allow processing time for these perm ? limits on choose to list cotastraints associated with construction or sequenwW- My p work schedules. (9-9, draw-awn schedules for lakes, dates. associated with Endangered and Threatened Species, accessibility problems, or other issues outside of ft appticofs control). N Appticsnt/Agent's Sigt>ttfure - lncaat is vided.) (Agent's, signature is valid only if an authorization letter from the app Pm US Army. Conn of Engineers Field Ofces sled CGUW CO"A Field Office Asheville Regulatory Akaender Cherokee k Iredeft Jackson Mieet+ell Polk US Army Corp Engineers Mi E ievetand UMCOIn_ ROW= 151 Patton Avenue . Bwks Gaston Macon Rutherford Room 208 Ch h ma Madison Stanley Asheville. NC 28801-5006 Cis Caldwell a e lbrmod MaD?ep Swam 71-4854 Telephone: tawba Ca Henderson Mecklenburg Tramy'ivania 1149 4838 (828?tat- Paz: l4de0 Re M Field office Aberrance Durham b. lohnswo . Let. RocI&gltem Smokes US Miry Corp Of Erigitresrs Al[eghanY A311e fi Franklin Nash Sony 6508 Falls of the Neusa Road Caswell- Famyth dntngm Nar hk Suite 120 Chatha m rair W Releigh,-NC 27615 Telephone: (919)-1176.8491. Davidson C>dntiltbrd f Person Fandol A Warren WNW Fax: (9) 9) $76-3283 Davie Ilali ix l washiugton Rpgulatoy Field Office US Array coatis Of Enguwm Post Office Bois Io00 WasM+ngton, NC 27889.1000 Teraphow: (2S2) 975w t616- Fax: (232) 975-1399 wiimh oon Regu1>aary Fuld Office US Army Corps Of ft1ncers Post Office Sbx IM- wiunketoa. NC 28402-1890 Tckphorw.-(910}25T 4Stt Fax: (910) 251.1023 Bcaufbrt Cmrita* Jaw Dertie Due LAMir Camden. Ganes .. Martin • Gtr;cn PMNW ChowaQ. Hertford Pasquotank Craven Hyde Perquimm Anson Duplin Onslow- Bledet? "MM rcadcr snmyw". Hak. RWM=d Carteret Montgomery Robeson Columbus Moore upon C is nbecGnd New HaMvsr Scotland union watauga Yancey WilKM Yadkie Pitt 7ynrell washlagwn Wayne 'Croetan J% ionstFceest OW - r. 1 p.w Page 11 of 11 US Fisl US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 L and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service National Marine Fisheries Service Asheville Field Office Habitat Conservation Division 160 Zillicoa Street Pivers Island Asheville, NC 28801 Beaufort, NC 28516 Telephone: (828) 665-1195 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 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 276994617 Telephone: (919) 7334763 Fax: (919) 715-2671 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 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 ? //--------.?\ ?:ce: / / \\ %/ ? \\? i ? ? . ?t??gR 1 t .. ?yG - ?1? I f? f j I? t I 1 i. I ? Z ,1 t S 1 t t ?.' tSS ?'= S ; . J: zn, S t! ?? I -_1 f C t 1 5 tl ?? •C - I i WWI Ir i t p r. ,La f ? i ? ` I t R? t } ? 1 t f _ 4ry, - ice, S• +? { _ K i r 1 '. r. ? t 3 35 tit. ? ! y awl ?' F. ? S 3 _ a j Y ? t Jf so 1 vvvm a nvvvv?n?w ?nvu???n?naa? uw. : JLV?7L I 6 n f QI 3- zo- Gz PAYMENT RECEIVED ODOM & ASSOCIATES ENGINEERING, INC. 2892 r 7 13272 www.checksfodess.com 800-245-5775 Order # 089665-A