HomeMy WebLinkAbout20020479 Ver 1_COMPLETE FILE_20020328A r?RQ6-
o
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 18, 2002
DWQ Project # 02-0479
Edgecombe County
Page 1 of 2
Creekside Properties
c/o: Mr. Steve Wordsworth
PO Box 2856
Rocky Mount, NC 27802
Subject Property: Creekside Farms Temporary Pond Fill and Irrigation Pipe Installation,
Creekside Farm, south of Ebenezer Rd., between Rte. 44 & Draughn Rd., Whitakers, NC
Soil & Environmental Consultants, Inc. (S&EC, Inc.) Project No. 00-5134
Lower Fishing Creek [03-03-04, 28-11, C NSW]
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 213.0259)
Dear Mr. Wordsworth:
You have our approval, in accordance with the attached conditions, to place temporary fill within 0.07 acres
of surface waters to install the proposed irrigation pipe as described within your application included within the
application package submitted by S&EC, Inc. and dated March 8, 2002. After reviewing your application, we
have determined that this fill is covered by the Division of Water Quality (DWQ) General Water Quality
Certification Number 3366. This Certification allows you to use Nationwide Permit No. 33 when issued by the
US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate
for impacts to the protected Tar-Pamlico riparian buffers as required under 15A NCAC 2B .0259(8). In
addition, you should get or otherwise comply with any other federal, state or local requirements before you go
ahead with your project including (but not limited to) Erosion and Sediment Control Permit. 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 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 fills for this project (now or in the future exceed one acre o wetland,
compensatory wetland mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval
to be valid, you must follow the conditions listed in the DWQ General Certification No. 3366.
If you do not accept any of the conditions of thtf§ certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General. Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
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/ncwetlands/
Page 2 of 2
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 Mr. John Dorney at 919-733-9646.
Sincerely,
y . Thorpe, P
WQ, Acting ire for
Attachment: General Water Quality Certification No. 3366
Cc: Kevin Martin, Soil & Environmental Consultants, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
Steve Mitchell, DWQ Raleigh Regional Office
File Copy
Central Files
DWQ 020479
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
r fs 1(i(1?
March 8, 2002 MAR
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Ms. Amanda Jones Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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 (USAGE) to use Nationwide Permit (NWP) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-1 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
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
check for WQC processing fee is not enclosed.
March 8, 2002
S&EC Project #: 00-5I34
Page 2 of 4
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
c: Steve Wordsworth
0
OF \N A Q
Pre-Construction Notification (PCN) Application Form
QG
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.miI/wetlands/Perm app.lltm.
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.arrny.mil/wetlands/re?,,tour.litm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will detennine 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.army.mil/wetlands/nwpfinalFedReg.pdf
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 http://12o.chnr.state.nc.us/ncwetlands/fecs.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: 33
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: 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: kmartinAsandec.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 Temporary Pond Fill
2. T.I.P. Project Number (NCDOT Only):
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 temporary pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett turn north onto NC Route 44, turn east onto Ebenezer Road, and travel
approximately 1.5 miles to the existing gravel road indicated on the attached topographic
location map (Figure 1). The pond is to the south of Ebenezer Road between Route 44 and
Drauehn Road.
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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 irrigation pipe in an existing manmade pond The
proposed temporary impact area is inundated.
7. Property size (acres): N/A - this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin: Tar-P
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littr)://h2o,enr.state.nc.us/admin/inaps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pipe in an existing pond
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe
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 temporary pond
fill 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 (USACE Action
ID#200220142 DWQ#01-1604).
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 for the proposed temporary pond fill 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
1'agc 5 or 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
s . ft. Located within
100-year Floodplain**
yes/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, 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.feina.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: N/A
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)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np>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.usc?s. ov. Several internet sites also allow direct download and printing of USGS maps (e.g., jv op(vne.com,
www.manqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temporary basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmg,ide.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.
Because the applicant has avoided impacts to stream channels by proposing to install the nine
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts (0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wi-v/index.litni. 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
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 213 .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone Z extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
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 alone Lower Fishine Creek where the temporarv fill is proposed does 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
Page 10 of 12
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 2714854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort
US Army Corps Of Engineers Bertie
Post Office Box 1000 Camden
Washington, NC 27889-1000 Carteret*
Telephone: (252) 975-1616 Chowan
Fax: (252) 975-1399 Craven
Currituck Jones
Dare Lenoir
Gates Martin
Green Pamlico
Hertford Pasquotank
Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick I loke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Page l l of 12
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
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 7,illicoa Street Pivers Island
Raleigh, NC 27630-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 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 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: (919) 733-2293
Fax: (919) 733-1495
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: (336) 769-9453
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: (828) 452-2546
Fax: (828) 506-1754
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
Page 12 of 12
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Draughn Quad
Project M Scale:
00-5134 V = 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
Project M Scale:
00-5134 1" =1320'
Figure 2 - Soil Survey
Project Date: Creekside Farms
Mgr.: KM 02/26102 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
Soil Survey
Sheet Number 5 &
Sheet Number 7
0/20/00 THU 16:46 FAX 919 446 7559 ITI Q002
To Whom It May Conoern:
I have employed Kevin Martin with the Soil'and Environmental services out of Raleigh to advise
and work with govemmeaW agencys on myffarm in Edgecombe County.
I feel that this is a neocssity with my farming opemdons due to the numerous misunderstandings
T ve occurred in the past.
. Wordsworth
Creekside Property & Farm
ls?
06'..0,
#01,mw " 110 Proposed Impact Area
«« , %
Y
Mw?w wy,„ +ww+??'?r
GRAPHIC SCALE
1 200'
0 00
400
ate-
+w ?
t
I
11010 j6V Road Raleigh, N1iaa 27614119) 846 5900 (919)
41F 016 &
,
A* vk,
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
check for WQC processing fee is not enclosed.
March 8, 2002 X02
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
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
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
c: Steve Wordsworth
?0? W A TF?Q
`O 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.army.iniI/wetlands/Perm app.litm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/re?,,tour.htin, 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/newetlaiids to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - 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.army.mil/wetlands/nwpfinalFedReg.pdf.
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 http://l12o.ehnr.state.nc.us/ncwctlands/fees.htm]. 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: Forni 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: 33
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: 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: kmartinAsandec.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 Temporary Pond Fill
2. T.I.P. Project Number (NCDOT Only):
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 temporary pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett turn north onto NC Route 44, turn east onto Ebenezer Road, and travel
approximately 1.5 miles to the existing gravel road indicated on the attached topographic
location map (Figure 1). The pond is to the south of Ebenezer Road between Route 44 and
Draughn Road
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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
lid cant proposes to locate the proposed irrigation pipe in an existing manmade pond. The
proposed temporary impact area is inundated.
7. Property size (acres): N/A -this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin:-Tar-Pamlico
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adinin/maps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pipe in an existing pond.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe.
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 temporary pond
fill. Other projects on the site have been permitted. These projects include a road (USAGE
Action ID# 200120729, DWQ #01-0066) and an all terrain vehicle trail (USACE Action
ID#200220142 DWQ#01-1604).
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 for the proposed temporary pond fill 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(s q- ft. Located within
100-year Floodplain**
(yes/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, 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:Hwww.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: N/A
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)
N/A
* 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 snaps are available through the USGS at 1-800-358-9616, or online at
www.usQs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mapggest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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
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.)
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temporary basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stmi_gide.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 avoided impacts to stream channels by proposing to install the pipe
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts (0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at http://h2o_enr.state.nc.us,'wip,!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
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
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; "Lone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 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 Lower Fishing Creek where the temporary fill is proposed does 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
Page 10 of 12
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 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
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
h and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford 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
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Draughn Quad
Project M 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
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
Soil Survey
Sheet Number 5 &
Sheet Number 7
01/20/00 THU 16:46 FAX 919 446 7559 ITI X1002
To Whom It May Concern:
I have employed Kevin Martin with the Soll'and Environmental services out of Raleigh to advise
and work with goverum=W agenays on mytfarnz in Edgecombe County.
I feel that this is a necessity with my farming operations due to the nuracrous misunderstandings
tha ve occurred in the past
0 7-ao-?
Steve A. Wordsworth
Creekside Property & Farm
3
?.
r? Proposed Impact Area
INV&
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GRAPHIC SCALE
1 to = 200-'
0 . 00
400
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1
10 10 ? Roed lteleigh, 21i, 27614 I 19)64 5900 (919 )
4
liftewr U,
Environmental Consultants, Psi
Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
`?-- -
check for WQC processing fee is not enclosed.
March 8, 2002
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
-`--. ? u
2
t"'ITERC'ugnlDS G4?OUP
-.. 7 UALITYSECTI()A1
NCDENR - DWQ ?..
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Ms. Amanda Jones Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (8281) 635-5820
March 8, 2002
S&EC Project #: 00-5134
Page 2 of 4
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
c: Steve Wordsworth
0
OF \N A
Pre-Construction Notification (PCN) Application Form
QG
L
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.miI/wetlands/Perm 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 http://www.saw.usace.army.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 I of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - 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.ariny.mil/wetlands/iiwpfinalFedReg.pdf
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 http.//l12o.ehnr.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: 33
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
E-mail Address: NA
Fax Number: 252/446-7559
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
Raleiah. North Carolina 27614
Telephone Number: 919/846-5900 Fax Number: 919/846-9467
E-mail Address: kmartin(iNandec.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 Temporary Pond Fill
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 temporgU pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett turn north onto NC Route 44, turn east onto Ebenezer Road, and travel
approximately 1.5 miles to the existing gravel road indicated on the attached topographic
location map (Figure 1). The pond is to the south of Ebenezer Road, between Route 44 and
Draughn Road.
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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 irrigation pipe in an existing manmade pond. The
proposed temporary impact area is inundated
7. Property size (acres): N/A- this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin:-Tar-Pamlico
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin.!maps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pipe in an existing pond.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe.
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 temporary pond
fill 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 (USACE Action
ID#200220142 DWQ#01-1604).
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 for the proposed temporM pond fill 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(s . ft.) 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, 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.feina.Qov.
*** 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: N/A
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?
(please. specify)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated riprap,
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.us!s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.map_]c uest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres)
(if Name applicable) Wat) Type of Waterbody
(lake, pond estuary, sound,
bay, ocean, etc.)
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temporary basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stmigide.htinl.
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 avoided impacts to stream channels by proposing to install the pipe
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts (0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.usiwi-oiindex.htin 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
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
* 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .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 Lower Fishing Creek where the temporary fill is proposed does 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.
NA
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
Page 10 of 12
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 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
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page I l of 12
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
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
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 27699-4617
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
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ProjectM 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
I ProjectM Scale:
00.5134 1" =1320'
Project Date:
M 102/26102
' Mgr.:
Figure 2 - Soil Survey
Creekside Farms
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
Soil Survey
Sheet Number 5 &
Sheet Number 7
07/20/00 TO 16:46 FAX 919 446 7559 ITI Q002
To Whom It May Conoem:
I have employed Kevin Martin with the Soil'and Environmental services out of Raleigh to advise
and work with gov=meuW agencys on my?farm in Edgecombe County.
I feel that this is a necessity with my farMiug oporabions due to the numerous misunderstandings
tha ve occwTod in the past.
0 ao-?
Steve A. Wordsworth
Creekside Property & Farm
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
check for WQC processing fee is not enclosed.
March 8, 2002
MAN ,'tS ?f)tl?
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
._y
til
NCDENR - DWQ ,..
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336)540=8234
Fax: (336) 540-8235
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (828) 635-5820
March 8, 2002
S&EC Project #: 00-5134
Page 2 of 4
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
c: Steve Wordsworth
?0? W A TF?Q
?O G
77
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.army.miI/wetlands/Perm 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 http://www.saw.usace.army.mil/wetlaiids/regtour.litm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will detennine 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.army.mil/wetlands/nwpfinalFedReg.pdf
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 http://l12o.ehnr.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: 33
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: kmartinAsandec.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 Temporary Pond Fill
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 temporary pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett turn north onto NC Route 44, turn east onto Ebenezer Road, and travel
approximately 1.5 miles to the existing _gravel road indicated on the attached topographic
location map (Figure 1). The pond is to the south of Ebenezer Road, between Route 44 and
Draughn Road.
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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 irrigation pipe in an existing manmade pond. The
proposed temporary impact area is inundated.
7. Property size (acres): N/A - this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin:-Tar-Pamlico
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.statc.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pipe in an existing pond.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe.
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 temporgy pond
fill. Other projects on the site have been permitted. These projects include a road (USAGE
Action ID# 200120729, DWQ #01-0066) and an all terrain vehicle trail (USACE Action
ID#200220142, DWQ#O 1-1604).
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 for the proposed temporary pond fill are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(s q. ft. 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, 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.feina.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: N/A
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)
N/A
* 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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
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.)
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temporary basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stmigide.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 avoided impacts to stream channels by proposing to install the nine
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts (0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at haffHh2o.enr.state.ne.us_l'wi?index.litm 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
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 213 .0233
(Neuse), 15A NCAC 213 .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:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
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 alone? Lower Fishing Creek where the temoorarv fill is orooosed does 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
Page 10 of 12
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).
NA
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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 Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Page 11 of 12
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: (919) 7334763
Fax: (919) 715-2671
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
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Project M Scale:
00-5134 V = 2000• Figure 1 - USGS Quad
Project Date: Creekside Farms
Mgr.: KM 02/26102 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
u
ProjectM Scale:
00-5134 1" =1320'
Figure 2 - Soil Survey
Project Date: Creekside Farms
Mgr.: KM 02126/02 Steve Wordsworth
Whitakers, Edgecombe County,
North Carolina
A Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. Raleigh, NC 27614
(919) 846-5900 (919) 846-9467
Web Page: www.SandEC.com
Soil Survey
Sheet Number 5 &
Sheet Number 7
01/20/00 THU 16:46 FAX 919 446 7559 ITI 0002
To Whom It May Conoern:
I have employed Kevin Martin with the Soll'and Environmental services out of Raleigh to advise
and work with goverumenttal agencys on my?farm in Edgecombe County.
I feel that this is a necessity with my farming operations due to the numerous misunderstandings
tha Y0 occ=cd in the past.
0 7?ao-?
Steve A. Wordsworth
Creekside Property & Farm
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020479
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
?j ?March 8, 2002
2002
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Ms. Amanda Jones Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (828) 635-5820
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
check for WQC processing fee is not enclosed.
March 8, 2002
S&EC Project #: 00-5134
Page 2 of 4
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
c: Steve Wordsworth
0
of
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.army.mil/wetlands/Perm 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 http://www.saw.usace.anny.mil/wetlands/regtour.litm, 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:/hvNvw.saw.usace.anny.mil/wetlands/nwpfinalFedReg_pdf
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 http://h2o.ehnr.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: 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
X Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 33
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 Temporary Pond Fill
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 temporary pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett turn north onto NC Route 44, turn east onto Ebenezer Road and travel
approximately 1.5 miles to the existing, gravel road indicated on the attached topographic
location map (Fig re 1) The pond is to the south of Ebenezer Road between Route 44 and
Draughn Road.
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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 irrigation pipe in an existing manmade pond. The
proposed temporary impact area is inundated
7. Property size (acres): N/A - this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin:-Tar-Pamlico
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.iic.us/admin/maps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pipe in an existing pond.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe.
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 temporau pond
fill. Other projects on the site have been permitted. These projects include a road (USACE
Action ID# 200120729, DWO #01-0066) and an all terrain vehicle trail (USACE Action
ID#200220142 DWQ#01-1604).
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 for the proposed temporary pond fill 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
s . ft. Located within
100-year Floodplain**
(yes/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, 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 htti)://www.feina.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: N/A
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)
N/A
* 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.us!s..gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maRqucst.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
Page 6 of 12
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temnorarv basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stmi.gide.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 avoided impacts to stream channels by proposing to install the pipe
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts 0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at httn://h2o.enr.state.ne.us/wipiindex.litni 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-ripari an wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
* 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .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 alone Lower Fishine Creek where the temporarv fill is proposed does 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
Page 10 of 12
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).
NA
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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 Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Page I I of 12
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
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
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 27699-4617
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
/
/
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Inset 4
Existing Pond
_n \
-1100
112
1
---------------
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113
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it
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Draughn Quad
Project #: Scale:
00.5134 1"= 2000' Figure 1- USGS Quad
Project Date: Creekside Farms
Mgr.: KM 02/26102 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
ProjectM Scale:
00.5134 1" =1320'
Figure 2 - Soil Survey
Project Date: Creekside Farms
Mgr.: KM 02/26/02 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
Soil Survey
Sheet Number 5 &
Sheet Number 7
01/20/00 THU 16:46 FAX 919 446 7559 ITI 11002
To Whom It May Concern:
I have employed Kevin Markin with the Soil'and Environmental services out of Raleigh to advise
and work with govecomental agencys on mytfarm in Edgecombe County.
I feel that this is a necessity with my farming opmudons due to the numerous misunderstandings
T ve occurred in the past.
. Wordsworth
Creekside Property & Farm
(616) , • 006s-m
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I
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
check for WQC processing fee is not enclosed.
ij"Ik; 11, "
March 8, 2002 ` f ?002
U ... ! r .: , J
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 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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 (USAGE) to use Nationwide Permit (NWP) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (828)63.5-5820
March 8, 2002
S&EC Project #: 00-5134
Page 2 of 4
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
c: Steve Wordsworth
f/ob
•/J
0
OF \NA
Pre-Construction Notification (PCN) Application Form
QG
1 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.miI/wetlands/Perm 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 http://www.saw.usace.aimy.mil/wetlands/regtour.litm, 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.ne.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 (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 http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf
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 http://h2o.ehnr.state.nc.us/ncwetl.ands/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: 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
[K Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 33
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
Rockv Mount. North Carolina 27802
Telephone Number: NA
E-mail Address: NA
Fax Number: 252/446-7559
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(i,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 I 1 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 Temporary Pond Fill
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 temporary pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett, turn north onto NC Route 44, turn east onto Ebenezer Road, and travel
approximately 1.5 miles to the existing gravel road indicated on the attached topographic
location map (Figure 1). The pond is to the south of Ebenezer Road, between Route 44 and
Draughn Road.
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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 irrigation pipe in an existing manmade pond. The
proposed temporary impact area is inundated.
7. Property size (acres): N/A -this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin:-Tar-Pamlico
Page 4 of 12
(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.iic.us/admin/maps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pine in an existing pond.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe.
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 temporm pond
fill. Other projects on the site have been permitted. These projects include a road (USACE
Action ID# 200120729, DWO #01-0066) and an all terrain vehicle trail (USACE Action
ID#200220142, DWQ#O 1-1604).
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 for the proposed temporary pond fill 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact Located within
100-year Floodplain**
(yes/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, 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:Hwww.feina.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: N/A
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)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated riprap,
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.usgs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin
www.mapquest.cotn etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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
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.)
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temporary basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc.us/ncwetlands/strmgide. htinl.
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 avoided impacts to stream channels by proposing to install the pipe
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts (0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at http:i/h2o.enr.state.nc.usi'w,p/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
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 213 .0233
(Neuse), 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:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
" Zone 1 extends out 3U feet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
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 alone Lower Fishine Creek where the temvorarv fill is proposed does 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.
NA
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
Page 10 of 12
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 1 1 of 12
Telephone: (910) 2514511 Columbus Moore Sampson
Fax: (910) 2514025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 8564520
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: (919) 733-2293
Fax: (919) 733-1495
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: (336) 769-9453
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: (828) 452-2546
Fax: (828) 506-1754
arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
NCWRC and NC Trout Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 7334763
Fax: (919) 715-2671
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
Page 12 of 12
61,1
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Draughn 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
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
Soil Survey
Sheet Number 5 &
Sheet Number 7
07/20/00 THU 16:46 FAX 919 446 7559 ITI Qo02
To Whom It May Conoern:
I have employed Kevin Martin with the Soil and Environmental services out of Raleigh to advisc
and work with goverbmewal agencys on mytfarm in Edgecombe County.
I feel that this is a necessity with my farming operations due to the numerous misunderstandings
TYO occ=cd in the past.
ao. Wordsworth
Creekside Property & Farm
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(616) AIL - 0065968
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Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
This application requests approval for 0.07 acre of temporary impacts to waters of the
United States (a pond). Written concurrence of the 401 WQC is not required. Therefore, a
check for WQC processing fee is not enclosed.„
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
y
March 8, 2002
WIR 282,
I.ETLANDs GROUP
' „ UPtiLITY S ICII
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. Bob Zarzecki
RE: Nationwide Permit 33/Tar-Pamlico River Buffer Compliance Request &
Courtesy 401 WQC Notification
Creekside Farms Temporary Pond Fill
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) 33 to cover temporary impacts to an
irrigation pond. 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 are below the threshold under NWP 33 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 a pipe to be used for irrigation purposes. The
proposed impacts will include temporary fill of a 30' x 100' section of the pond. The fill will be
removed after installation of the irrigation pipe. The fill is necessary to allow equipment to
access the intake area of the pond and work back, removing the fill as they do. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle, and Figure 2 for the location of the project on the applicable Edgecombe County
Soil Survey Map.
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-1 Prosperity Church Road 3817-E I.awndale 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
The proposed temporary fill will be placed within a portion of a buffered pond. The impact table
in the PCN provides a description of the proposed impact to wetlands. The project will not
involve clearing of mature trees because vegetation of Zone 1 of the riparian buffer consists of
grass. The proposed pond impact is located in the headwaters of Fishing Creek. No Data forms
are enclosed because the proposed impacts lie entirely within an existing pond.
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 avoided
impacts to stream channels, minimized impacts to wetlands to below the threshold for
notification, and proposes to remove the fill after installation of the pipe, 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 39. Because permanent
impacts to wetlands (0.07 acre) are below the aforementioned wetlands mitigation threshold and
stream channel impacts have been avoided completely, 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
? (?_ ? n 4-1- t?i
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
c: Steve Wordsworth
w a rF?Q
`O G
77
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.army.miI/wetlands/Pernl 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 http://www.saw.usace.army.mil/wetlands/re?;tour.litin, 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
llttp://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.army.mil/wetlands/nwpfinalFedReg.pdf.
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 http://h2o.ehnr.state.nc.us/ncwetlands/fees.htmi. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
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
N Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
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: 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 Temporary Pond Fill
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 temporgy Pond fill
can be reached from US Route 64 by taking US Route 301 N to NC Route 97 E, travel east to
Leggett turn north onto NC Route 44, turn east onto Ebenezer Road, and travel
approximately 1.5 miles to the existing gravel road indicated on the attached topographic
location map (Figure 1). The pond is to the south of Ebenezer Road between Route 44 and
Draughn Road.
5. Site coordinates, if available (UTM or Lat/Long): Approximately 36°02'27" N 77°35'46" 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
lid cant proposes to locate the proposed irrigation pipe in an existing manmade pond The
proposed temporary impact area is inundated
7. Property size (acres): N/A -this site is one of several tracts owned and leased by applicant.
8. Nearest body of water (stream/river/sound/ocean/lake): Lower Fishing Creek
9. River Basin: Tar-Pamlico
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.nc.us/adinin/maps/.)
10. Describe the purpose of the proposed work: The purpose of the proposed work is to install
an irrigation pipe in an existing pond.
11. List the type of equipment to be used to construct the project: Conventional heavy equipment
will be used to install the pipe.
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 temporary_pond
fill 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 (USACE Action
ID#200220142 DWQ#01-1604).
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 for the proposed temporary pond fill 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(s q. ft. Located within
100-year Floodplain**
(yes/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, 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.feina.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: N/A
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)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated riprrap,
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.ustis.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapqucst.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
Pagc 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
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
Inset 4 temporary fill .07 N/A pond
* 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.): 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 avoid additional impacts, the fill will be in place on a temporary basis, and will be
removed after installation of the pipe.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stmigide.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 avoided impacts to stream channels by proposing to install the pipe
in a side of the pond well away from streams and has minimized wetland impacts to less
than a 1/10 acre S&EC believes that mitigation should not be required by the USACE.
Similarly, because the proposed wetland impacts (0.04 acre) are below NCDWQ's 1/3-acre
threshold for mitigation 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
Page 8 of 12
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.uslwlp%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
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
(Neuse), 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:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required**
Mitigation
1 N/A
2 N/A
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
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 alone Lower Fishine Creek where the temporarv fill is proposed does 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
Page 10 of 12
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271A858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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 Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Page I I of 12
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
h and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665- l 195
larine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford 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
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Draughn Quad
Project M Scale:
00-5134 V = 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
Project Scale:
00-5134 I"=1320'
Figure 2 - Soil Survey
Project Date: Creekside Farms
Mgr.: KM 02/26102 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
Soil Survey
Sheet Number 5 &
Sheet Number 7
0/20/00 THU 16:46 FA% 919 446 7559 ITI 0002
To Whom It May Conoern:
I have employed Kevin Martin with the SOIL *and Environmental services out of Raleigh to advise
and work with govemmental agencys on mytfarm in Edgecombe County.
I feel that this is a necessity with my farming operations due to the numerous misunderstandings
tha ve occurred in the past.
0 7?ao-?
Steve A. Wordsworth
Creekside Property & Farm