Loading...
HomeMy WebLinkAbout20020478 Ver 1_COMPLETE FILE_20020328\o?oF w A rFgQi? ? r > o 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: l 114 ,f Inset 2 ??? "fT ctm ' h < x•1 ` L `. _ Inset 0 \ tN i ? z" AV 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 j ? ..?-?^.' ivy ??' i, , ?`?/??"? ? ?? ; ? /rf/. -?? ` ,r--- t/ \ GSA ?' Ra Il '?1 DnE3 sr J Y. GoA? PioF A .NoA / NoB C yra? p t 1 k ss. GoA x NUB 4s r r4 LY c,oA? v Wifi3'. o. / ( Nor, 61 a l \ LzAa 3 \ i` CoA GoA O ???- ?1r???' NvA h -.-1 ) G4A `'`i V.. NOB s '. Ly, MME 'V NoB: D A ?, ?rtra ?` NoA NaA Inset 2 Noe x ~' NoB R.:B t Ra NoA GaA. cp ` B RZ, a GoA NoA 4oA Ra ?x inset 3 k° r GoA GoALu NoB tio6 °A Powerline k ix t Z AYA Ra v y ,w. = NaA r GaA was a > . No 13 sc,-1 1 NoA ) W. ,ETm. NnR 1 ? r"4 Sheet Number 4 Project Scale: 00-5134 1" =1320' 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 a jt r q volq a b 1, 1. 10. l ? ml? 2 T 0 Z Zm D a m ITI t rrD rr' 3 " Z C (7 1MM* II ? "? r } V1 41 00pt V rn 9 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 RR,Ar?l?* R' K CHANNEL LN =442' A IMPACT # K CHA L WIDTH 2' CSR ANN LENGTH Iwo 1 D IMPAC AND A = 3174 t GRA I SCALE 1" = 00' 200 0 00 arrr FgRM R D Amw* 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 11SEC%ECFILES\5134\DWG F Y2002 It mffi? 1 ,b,. N a b M 1 4 0 -0 0 r o m Q 0 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 D CKSIDE FARM 10 Rave a ad • Raleigh, North a 27614 Phone: (9 0 Fax: (919) 846-9467 EDGECOMBE UNTY,NORTH CAROLINA WWW.SandEC.Com \\SEC\SE ES\5134\DWG F '7 RUARY2002