HomeMy WebLinkAbout20020478 Ver 1_COMPLETE FILE_20020328\o?oF w A rFgQi?
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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 10, 2002
Edgecombe County
DWQ Project #: 02-0478
APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River
Buffer Rules
Creekside Properties
Attn: Steve Wordsworth
P. O. Box 2856
Rocky Mount NC 27802
Dear Mr. Wordsworth:
You have our approval in accordance with the attached conditions and those listed below, to place
fill material in .24 acres of wetlands and 138 linear feet of streams for the purpose of installation of
aboveground electric and belowground wastewater utility lines at Creekside Farms, as you described in
your application dated March 28, 2002. After reviewing your application, we have decided this fill, is
covered by General Water Quality Certification Number 3374. This certification allows you to use
Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for the
Tar-Pamlico River buffer rules (15A NCAC 2B .0259). 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, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA 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 except
as modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
An additional condition is that stormwater shall be directed to sheetflow at non-erosive velocities
through the protected stream buffers.
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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
SA
NCDE[ A
N. C. 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/ncwetlands
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 John Dorney at 919-733-1786 or Steve Mitchell
at our Raleigh Regional Office at 919-571-4700.
Sincerely,
/ regory J. Thorpe, Ph.D
L
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Raleigh Division of Land Resources
Kevin Martin, S&EC Consultants
0
OFW AF?
Pre-Construction Notification (PCN) Application Form
QG
t
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.army.iniI/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.anny.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 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 (LAMA) 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 http://www.saw.usace.arm_y.mil/wetlands/nwpfinalFedReg.pddf.
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 htt_p://h2o.chnr.state.nc.us/ncwetlands/fees.html. 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
Office Use Only: Fonn 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: 12
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
Owner/Applicant Information
Name: Creekside Properties, Attn: Steve Wordsworth
Mailing Address: PO Box 2856
Rocky Mount, North Carolina 27802
Telephone Number: NA Fax Number: 252/446-7559
E-mail Address: NA
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: Kevin Martin
Company Affiliation: Soil and Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone Number: 919/846-5900 Fax Number: 919/846-9467
E-mail Address: kmartin@sandec.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: Creekside Farms Utility Lines
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: Edgecombe Nearest Town: Whitakers
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): The proposed utility lines can be
reached from US Route 64 b taking US Route 301 N to NC Route 97 E, travel east to
Leggett, turn north onto NC Route 44, travel north to Ebenezer Road, and turn west at an
unimproved dirt road at the intersection of Ebenezer Road and NC Route 44. The
easternmost channel crossing is approximately .75 mile southwest of the intersection with the
unimproved dirt road and NC Route 44. See attached maps.
5. Site coordinates, if available (UTM or Lat/Long): Channel crossing #1 and wetland impact
#1: 36°02'60" N 77°38'24" W, Channel crossing #2 and wetland impact #2: 36°02'56" N
77°36'24" W, Wetland impact #3: 36°03'2" N 77°38'24" W, and Channel crossing #3:
36°02'42" N 77°37'59" W.
(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: The
applicant proposes to locate the proposed utility lines perpendicular to 3 stream channels and
across 3 wetland patches.
7. Property size (acres): N/A - (This is a linear project that crosses several different tracts.)
8. Nearest body of water (stream/river/sound/ocean/lake): White Oak Creek
Page 4 of 12
9. River Basin:-Tar-Pamlico
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://li2o.enr.state.nc.us/admin/rnaps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
aboveground electric and belowground wastewater utility lines.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used.
12. Describe the land use in the vicinity of this project: Land use in the vicinity of the project
includes forest and agricultural fields.
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.
No previous determinations and/or permits have been requested for the proposed electric and
utility lines. Other projects on the site have been permitted. These projects include a road
(USACE Action ID# 200120729, DWQ #01-0066) and an all terrain vehicle trail (USAGE
Action ID#200220142, DWQ#01-1604). A permit application for Nationwide Permit 33 has
been submitted for temporary pond fill.
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 additional permit requests are anticipated at this time.
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
Page 5 of 12
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(s q. ft.) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
excavation 3174 yN p O alluvial forest
excavation 7104 3 S alluvial 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.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: N/A - linear project
Total area of wetland impact proposed: 10716 sq feet (_24 acre)
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 excavation 42 UT to White Oak Creek 4 feet perennial
2 excavation 51 UT to White Oak Creek 2 feet perennial
3 excavation 45 White Oak Creek 8 feet perennial
* 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 nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.ma_pguest.con? etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 138
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of
Wate
Name Type of Waterbody
Site Number Type of Impact* Impact e)
(if
applicable) (lake, pond, estuary, sound,
indicate on map) (acres) bay, ocean, etc.)
N/A
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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.
To minimize impacts, the channel crossings are located perpendicular to the channels, and
both utilities are to be placed in the same corridor. In addition, ?eS LocecQ
1 Z t? a cI . Fie. (c?( w l^e 1 \? SS i ?i a ?tt 6.e w-a, G : i V c,'F i ^^ ,!J•y C-As a c- e
Gr S ?C :cc?tcQ u/i C.Ce e vt ?V WC ;c+• PU.l
\ C/ Q l q pt r
VIII. Mitigation \.1
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
Page 7 of 12
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/stn-ngide.html.
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.
Because the applicant has minimized impacts to stream channels and planned perpendicular
channel crossings, minimized impacts to wetlands to below the threshold for notification, and
proposes to restore wetland contours to pre-construction elevation, S&EC does not believe
further compensatory mitigation should be required by the USACE for this project.
Similarly, because the proposed wetland impacts 0.24 acre) are below NCDWQ's 1/3-acre
threshold for mitigation, and are temporary, S&EC believes that mitigation should not be
required by NCDWQ.
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 litip://h2o.enr.state.nc.us/wW/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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 8 of 12
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 SERA 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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Channel Impact Channel Impact Channel Impact Re uired**
Zone* #1 #2 #3 Multiplier Mitigation
(square feet) (square feet) (square feet)
1 2520 3060 2700 3 N/A
2 1680 2040 1800 1.5 N/A
Total 13800
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 9 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
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.
The area along White Oak Creek and its tributaries where the utility lines are proposed do not
contain impervious acreage.
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.
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
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).
(ef- 61" / I'D
Date
is valid only if an authorization letter from the applicant is provided.)
Page 10 of 12
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
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
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
Page 11 of 12
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) 733-4763
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
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Creekside Farms (job # 5134) Date: 6/7/00
Applicant/Owner: Steve Wordsworth County: Edgecombe
Investigator: Kevin Martin State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? -Yes X No Transect ID: wetland
Is the area a potential Problem Area? _Yes X No Plot ID: 250 ft. west of White Oak
If needed, explain on reverse. Swam
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Nyssa sylvatica Tree FAC 9.
2. Liquidambar styraciflua Tree FAC+ 10.
3. Lidodendron tulipifera Tree FAC 11.
4. Carex spp. Herb FACW 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- :100 %
Remarks:
I
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
_Stream, Lake or Tide Gauge Primary Indicators:
_Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) X Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: > 24 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: > 24 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
Project/Site: Creekside Farms Plot ID: wetland
SOILS
Map Unit Name Drainage Class:poody drained
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Aquic Fragiudult Confirm Type? X Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10 YR 5/2 Loam
6-12+ Cg 10 YR 6/2 7.5 YR 5/8 Common, distinct Loam
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions -Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _No
Wetland Hydrology Present? X Yes _No
Hydric Soils Present? X Yes _No
Is this sampling point within a wetland?
X Yes _No
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
(919) 846-5900 (704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Creekside Farms (job # 5134) Date: 6/7/00
Applicant/Owner: Steve Wordsworth County: Edgecombe
Investigator: Kevin Martin State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? -Yes X No Transect ID: upland
Is the area a potential Problem Area? _Yes X No Plot ID: 50 ft. east of White Oak Swamp
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Pinus taeda Tree FAC 9.
2. Liquidambar styraciflua Tree FAC+ 10.
3. Ligustrum spp. Tree FAC 11.
4. Smilax rotundifolia Shrub FAC 12.
15. Arundinaria gigantea Herb FACW 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAG :100 %
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
_Stream, Lake or Tide Gauge Primary Indicators:
_Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: > 24 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: > 24 (in.)
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
(704) 322-6700
Project/Site: Creekside Farms Plot ID: uplland
SOILS
Map Unit Name Drainage Class: goody drained
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Aquic Fragiudult Confirm Type? X Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-12 A 10 YR 6/2 Fine sand loam
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions -Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _No
Wetland Hydrology Present? -Yes X No
Hydric Soils Present? X Yes _No
Is this sampling point within a wetland?
-Yes X No
Remarks:
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Whitakers Quad
Project #: Scale:
00-5134 1"=2000' Figure 1- USGS Quad
Project Date: Creekside Farms
Mgr.: KM 02126102 Steve Wordsworth
Whitakers, Edgecombe County,
North Carolina
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. Raleigh, NC 27614
(919) 846-5900 (919) 846-9467
Web Page: www.SandEC.com
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Project Scale:
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Figure 2 - Soil Survey
Project Date: Creekside Farms
Mgr.: KM 02126102 Steve Wordsworth
Whitakers, Edgecombe County,
North Carolina
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. Raleigh, NC 27614
(919) 846-5900 (919) 846-9467
Web Page: www.SandEC.com
07/20/00 THU 16:46 FAX 919 446 7559 ITI 0 002
To Whom It May Conoern:
I have employed Kevin Martin with the Soll 'and Environmental services out of Raleigh to advise
and work with goverumecntal agencys on mytfarm in Fdgecombe County.
I feel that this is a necessity with my farming oporabions due to the numerous misunderstandings
T ve occurred in the past.
. Wordsworth
Creekside Property & Farm
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PROJECT NO. SCALE SHEETTITLE:
5134 1". 200 IMPACT MAP
PROJECT MOR. FIELD WORK
KM KM, MB PROJECT NAME: ' go-All a- nq"12
DRAWN BY STEVE WORDSWORTH
C KSIDE FARM - 1 10 Rave e d Raleigh, Nort fl!7 a 27 614 • Phone: Fax: (919) 846.9467
EDOECOMBE UNTY,NORTHCAROLINA s.ndEC,com
SEC\SE ES\8134\DWO BRUARY 2002
Soil & Environmental
11010 Raven Ridge Road • Raleigh, North Carolina 27614
www.SandEC.com
Consul ts, PA
Phone: (919) 846-59 ) 846-9467
a
it nis ion requests approval for 0.24 acre of temporary wetland im a><{d 13$
linear feet of stream channel. Written concurrence of the 401 W' ' ` -
du. gitir
Therefore, a check for WQC processing fee is not enclosed.
March28, 2002 -
US Army Corps of Engineers NCDENR - DWQ
Raleigh Regulatory Field Office Parkview Building
6508 Falls of the Neuse Road, Ste. 120 2321 Crabtree Boulevard
Raleigh, North Carolina 27615 Raleigh, North Carolina 27604
Attn: Ms. Amanda Jones Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 12/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Utility Lines
Whitakers, Edgecombe County, North Carolina
S&EC Project #: 00-5134
Dear Ms. Jones and Mr. Zarzecki:
On behalf of Creekside Properties, we request authorization from the US Army Corps of
Engineers (USACE) to use Nationwide Permit (NWP) 12 to cover impacts to waters of the US,
including wetlands and channels, resulting from the installation of aboveground electric and
belowground wastewater utility lines. We also request written concurrence from the NC
Division of Water Quality (NCDWQ) that the project complies with the Tar-Pamlico River
Basin (TRB) Buffer Rules. The proposed impacts to wetlands, channels, and buffers are below
the threshold under NWT 12 for NCDWQ's written concurrence of the 401 water quality
certification. A Pre-construction Notification Application (PCN) is attached, which includes a
letter from the applicant authorizing S&EC to operate as their agent.
The proposed project consists of installation of an overhead electric utility line and a
belowground wastewater utility line. The construction corridor will not exceed 40 feet. To
minimize impacts, we are placing both utilities in the same corridor. A listing of waters of the
US crossed by the project is itemized in the enclosed PCN. The proposed project will impact
approximately .24 acre of wetlands and 138 linear feet of channel. The proposed impacts are
located along two unnamed tributaries to White Oak Creek and White Oak Creek. Please refer
to the attached map (Figure 1) for the location of the proposed project on a USGS topographic
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828)635-.5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820
March 8, 2002
S&EC Project #: 00-5134
Page 2 of 4
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map. Please note, S&EC performed a wetland delineation in the proposed impact
area and found that wetlands indicated on the USGS map surrounding channel impact #3 were
not actually present on site.
Wetlands will be restored to their original contours and no anti-seep collars will be necessary,
because the proposed linear feet of channel impacts do not exceed 150' at any crossing. Data
forms are enclosed.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the thresholds for notification (0.10
acre) or if a discharge causes the loss of any open waters. Because the applicant has minimized
impacts to stream channels and planned perpendicular channel crossings, minimized impacts to
wetlands below the threshold for notification, and proposes to restore wetland contours to pre-
construction elevation, S&EC does not believe further compensatory mitigation should be
required by the USACE for this project.
NCDWQ's current policy does not require mitigation for wetland impacts below 1 acre and
stream channel impacts below 150 linear feet per tributary under NWP 12. Because temporary
impacts to wetlands (0.24 acre) are below the aforementioned wetlands mitigation threshold and
minimized below the threshold for notification, S&EC believes that compensatory mitigation
should not be required by NCDWQ.
A self-addressed stamped envelope is enclosed for NCDWQ's use in copying S&EC, as the
authorized agent for the applicant, with any response provided to the applicant.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS
Kevin Martin
President
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Edgecombe County Soil Survey Map (Figure 2)
Wetland Impact Map
Agent Authorization Letter
Wetland Data Forms
c: Steve Wordsworth
414?
M D R/W, TO AVOID IMPACT
\ WETLAND IMPACT #1?
WETLAND AREA = 7104 sq f
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R' K CHANNEL LN =442'
A IMPACT #
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CSR ANN LENGTH Iwo
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PROJECT NO. SCALE SHEETTME:
5134 1"-2W IMPACT
PROJECT MGR. FIELD WORK
KM KM, MB PROJECT NAME:
DRAWN BY STEVE WORD
Soil en Co _ is PA
MB CREEKSID FARM- 11010 Ridge gh, Nor e: 9) 846-5900 Fax: (919) 846-9467
EDGECOMBECO NORTHCARD WWW.S8L C.com
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PROJECT NO. SCALE SHEET TITLE:
5134 t• e 200' IMPACT MAP
PROJECT MGR. FIELD WORK
KM KM, MB PROJECT NAME: lit IRA
RAWN BY STEVE WORDSWORTH
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CKSIDE FARM 10 Rave a ad • Raleigh, North a 27614 Phone: (9 0 Fax: (919) 846-9467
EDGECOMBE UNTY,NORTH CAROLINA WWW.SandEC.Com
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'7 RUARY2002