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HomeMy WebLinkAbout20091297 Ver 1_401 Application_20091209Al CWS L Carolina Wetland Services Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704-527-1177 - Phone 704-527-1133 - Fax TO: Ms. Cyndi Karoly N.C. Division of Water Quality 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 09- 1 2 9 7 Date: 12-07-09 CWS Project 2006-1324 a ?c?godlg? DEC - B 2009 DEAR • WATER QUALITY WULMOS Mo SToftiA mum BRANCH LETTER OF TRANSMITTAL SRAID WE ARE SENDING YOU: ®Attached ?Under separate cover via the following items: ? Prints ? Plans ? JD Package ? Specifications ? Copy of letter ? Change order ? Wetland Survey ® Other IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE 1 12/07/09 1 7 Keeley Park Site WQC No. 3705 Application 11 2 12/07/09 1 Application fee check ($240) 11 THESE ARE TRANSMITTED as checked below: ?For approval ?Approved as submitted ?Resubmit copies for approval ®For your use ?Approved as noted ?Submit copies for distribution ?As requested ?Returned for corrections ?Retum corrected prints ?For review and comment ?For your verification and signature REMARKS: Cyndi, Please find the attached WOC application and application fee for the Keeley Park Site in Guilford County NC Please do not hesitate to contact me if you have M questions or comments regarding this project Copy to: File Thank you, 8&a omas Blackwell Project Scientist CC. Ms. Sue Homewood NORTH CAROLINA • SOUTH CAROLINA ? ? ? C1NS Carolina Wetland Services December 3, 2009 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 866-527-1177(office) 704-527-1133 (fax) Ms. Sue Homewood North Carolina Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Subject: Application for Water Quality Certification No. 3705 Keeley Park Site McLeansville, North Carolina CWS Project No. 2006-1324 09-1297 ??!AID DEC - E 2009 OM -WATER QUAL"" RN WET1,00' ND Sy0MW The Keeley Park Site is located in McLeansville, North Carolina, approximately 3/4 mile from the Huffine Mill Road - Rankin Mill Road intersection (Figure 1, enclosed). The purpose of this project is to construct a recreational park and athletic fields. The City of Greensboro has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Jurisdictional waters of the U.S. within the project limits were verified by Monte Matthews on January 11, 2008 (Action Id. 200800123). A NWP No. 39 (Action ID. No. SAW-2008-02358) was issued by the U.S. Army Corps of Engineers (USACE) on October 20, 2009 Applicant Name: City of Greensboro, Ms.Yvonne J. Johnson Mailing Address: PO Box 3136, Greensboro, NC 27402-3136 Phone Number of Owner/Applicant: (336) 253-7012 Street Address of Project: Keeley Road Waterway: UT's to Buffalo Creek Basin: Cape Fear River (HU# 03030002) City: McLeansville County: Guilford Decimal Degree Coordinate Location of Project Site: N36.11101 °, W79.70644° USGS Quadrangle Name: McLeansville, North Carolina, 1991 Current Land Use This project is located within a former tree farm and nursery. Dominant vegetation within the project area consists of red maple (Acer rubrum), black cherry (Prunus serotina), red cedar (Juniperus virginiana), Chinese privet (Ligustrum sinense), American holly (Ilex opaca), and sweetgum (Liquidambar styraciua). According to the Soil Survey of Guilford County', on-site soils consist of Appling sandy loam (ApB and ApC), Cecil sandy loam (CcB), Enon fine sandy loam (Enb, EnC, and EnD), and Iredell fine sandy loam (IrB). Appling, Cecil, and Enon soils are well- drained and exhibit moderate to high permeability. Iredell soils are moderately well-drained and exhibit moderate permeability. Enon fine sandy loam (EnB) and Iredell fine sandy loam (IrB) are listed on the NRCS National Hydric Soils list. 1 United States Department of Agriculture, 1977. Soil Survey of Guilford County, North Carolina. NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Keeley Park Site December 3, 2009 Aualication for Water Ouality Certification No. 3705 Project No. 2006-1324 Jurisdictional Delineation The results of the on-site field investigations conducted by CWS indicate that there are six jurisdictional stream channels, eleven jurisdictional wetland areas, and four jurisdictional open water areas located within the property (Figure 1). Jurisdictional waters include unnamed tributaries to Buffalo Creek. Buffalo Creek is within the Cape Fear River basin (HU# 030300022) and is rated "Class C waters" by the NCDWQ. Jurisdictional waters of the U.S. within project were field verified by Monte Matthews of the USACE Raleigh Regulatory Office on January 11, 2008 (Action Id. 200800123). Since the date of this verification CWS has discovered an error in the original delineation. The limits of jurisdiction of Unimportant Intermittent Stream F were incorrectly located. On November 10, 2009, CWS's Thomas Blackwell re-delineated Unimportant Intermittent Stream F. Approximately 1021f of emergency spillway from the dam of Pond E downstream were determined to be non jurisdictional (Figure 2, enclosed). This area is typical of a rip rap lined grass swale and exhibits no ordinary high water mark, no bed and banks, no substrate, and is fully vegetated with non- aquatic plants. This spillway area scored 3 out of 71 possible points on the NCDWQ Stream Classification Form, indicating non jurisdictional status (SCP1, enclosed), Representative photographs of this non jurisdictional spillway area are included as Photographs A to C. A Routine On-Site Wetland Determination Form for this area has also been included (DPI). This data form shows that the area is representative of a non jurisdictional upland area. CWS has requested that the USACE verify that this area is non jurisdictional. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on March 14, 2008 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of this submittal, a response letter from SHPO has not yet been received. Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on March 14, 2008 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated March 19, 2008 (enclosed), the NCNHP stated that they have "no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas neither at the site nor within a mile of the project area." Purpose and Need for the Project The purpose of the project is to develop approximately 50 acres of wooded land into a recreational facility and sports complex. This park will provide walking trails and athletic fields for local residents. This population will benefit from use of the facilities available, thus improving their quality of life. Phase I will include a playground/spray ground area with restroom/concession facility, a community garden area with shelter/restroom facility and small playground unit, trails and picnic shelters, and improvements to existing ponds. Phase 11 will include pinwheel baseball/softball complex and associated infrastructure. Park elements beyond Phase II include a corporate picnic 2 ,HU#,, is the Hydrologic Unit Code. Hydrologic Unit Map, State of North Carolina. U.S. Geological Survey. 1974. Keeley Park Site December 3, 2009 Application for Water Quality Certification No. 3705 Project No. 2006-1324 shelter, a dog park, disk golf course, horseshoe pits and volleyball courts. The walking trails will incorporate a wetland interpretive area to educate citizens about the importance of wetlands. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Impacts to on-site jurisdictional stream channels have been reduced to less than 150 linear feet. The original site plan impacted 210 linear feet of stream channel. A retaining wall was used to reduce the amount of fill due to the pond side slopes. Impacts were reduced by 30 percent. The portion of Stream B that will be impacted is currently lined with stone on the bed and banks. This channel acts as a spill way to Pond D. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. A track hoe and other typical excavation equipment will be used to enlarge the ponds. This equipment will be kept in uplands at all times and all spoil and excavated material will be deposited in uplands. The removal of the "dam" between Ponds F and E will be accomplished with construction equipment placed on the dam in uplands. The dam will be removed from east to west with the equipment moving back as the removal proceeds. There will be no double handling of materials or unpermitted deposition of fill in Waters of the U.S. Proposed Impacts to Jurisdictional Waters Unavoidable impacts to Perennial Stream B total approximately 149 linear feet and are the result of grading activities for pond modification. Ponds D, E and Non-Jurisdictional Pond F will be combined into a large pond. The overall surface area of the new pond will be greater than the existing area. These activities will result in a net gain in jurisdictional pond area. These grading activities will flood Wetland QQ resulting in the loss of 0.02 acre of jurisdictional wetland area. There will be a small amount of fill placed in the new pond. This fill is the result of 3 rip-rap aprons at storm water outfalls. These impacts are shown on the revised Figure 2. The impacts associated with these rip rap aprons are 85 square feet, 107 square feet, and 51 square feet, for an Open Water impact of 243 square feet (0.05 acre). The enlargement of the ponds will bring all of Non-Jurisdiction Isolated Pond F (0.67 acre) into jurisdiction and will therefore result in a net increase in Waters of the U. S. Unavoidable impacts to on-site jurisdictional waters are summarized in Table 1. below, and are shown in Figure 4 (enclosed). Keeley Park Site December 3, 2009 Application for Water Quality Certification No. 3705 Proiect No. 2006-1324 Table 1. Proposed Impacts to On-Site Jurisdictional Waters Jurisdictional Feature Type of Impact Impacts (If) Impact (sf) Perennial Stream B Fill 149 -- Stream Total 149 if N/A Wetland QQ Flooding -- 820 820 sf Wetland Total -- (0.02 acre) New Pond Fill (rip rap apron) -- 243 243 sf Open Water Total -- (0.005 acre) 1,063 sf Total Project Impact 149 if (0.024 acre) On behalf of The City of Greensboro, CWS is submitting a Pre-Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 27 and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3705 (enclosed). Buffer Impacts The expansion of the existing on-site ponds and consequent impacts to Perennial Stream B will result in impacts to stream buffers. These stream buffer impacts will be offset by the establishment of new buffers around the enlarged pond. According to the Jordan Water Supply Nutrient Strategy (15A NCAC 0213.0267 section 9) this is allowable and no further buffer mitigation is required. New stream and pond buffers are shown in Figure 8 (enclosed). Compensatory Mitigation Construction of this project has limited the amount of perennial stream impacts to less than 150 linear feet, therefore, no mitigation is currently being proposed for this site. Keeley Park Site December 3, 2009 Application for Water Quality Certification No. 3705 Project No 2006-1324 Please do not hesitate to contact Thomas Blackwell at 704-527-1177 or tom@cws-inc.net should you have any questions or comments regarding these findings. , ? Gregg ?Antemann, PWS Principal Scientist Thomas J. Blackwell Project Scientist Enclosures: USGS 7.5' McLeansville, NC Topographic Quadrangle NRCS Guilford County Soil Survey Figure 1. Wetland Boundary Survey Figure 2. Revised Stream F Limits of Jurisdiction Figure 3. Proposed Master Plan Figure 4. Proposed Impacts Figure 5. New Buffers Map Sheets L-1.0 to L-1.2 Existing Conditions/Demolition Plan Sheets L-4.0 to L-4.2 Grading/Drainage Plan Agent Certification of Authorization Form Agent Certification of Authorization Form Pre-Construction Notification Pursuant to WQC No. 3705 NCDWQ Stream Identification Form (SCP 1) Routine On-Site Data Form (DP 1) Notice of Jurisdictional Determination (Action ID No. 2008-00123) USACE NWP No. 39 (Action ID No. SAC-2008-02358) Representative Photographs (A - C) cc: Mr. Jeff Ashbaugh, Site Solutions Ms. Yvonne J. Johnson File Feeley Park Site Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series, McLeansville, North Carolina, dated 1991. Approximate Scale 1" = 2000' Nationwide Permit No. 39 Project No. 2006-1324 Keeley Park Site Nationwide Permit No. 39 Prolect No. 2006-1324 NRCS Soil Survey of Guilford County, North Carolina, Sheet Nos. 22 and 23, dated 1977. Approximate Scale I"= 1667' Soil Survey Courtesy of the USDA-MRCS - - -- -r NOTE: JURN;IDCTIONAL WATERS OF THE U.S. WERE. DELINEATED AND CLASSIFIED BY CAROLINA WETLAND SERVICES, INC. ON NOVEMBFR 10, 2009. JD'Emerg nc} Nay Existing Pi SCP1''/, DP Stream 50 Line Important Intermi 123 Linear Feet PROPERTY BOUNDARY NON-JURISDICTIONAL SPILLWAY JURISDICTIONAL STREAM CHANNEL JURISDICTIONAL OPEN WATER AREA NON-JURISDICTIONAL OPEN WATER AREA ® JURISDICTIONAL WETLAND AREA • SCPI STREAM CLASSIFICATION POINT • DPI WETLAND DATA POINT PHOTO LOCATION AND DIRECTION PPROXIMATE SCALE: 1" = 50' I -? - r ttent Feet team E ? Carolina Wetland Services, Inc. 550 East Westinghouse Blvd. Charlotte, North Carolina 28273 RHFFRFNi:F.: SIFE SI RVI I PROVIDED RV SITE S01 UNIONS. DN FLD 21)116. Figure 2. Revised Stream F Limits of Jurisdiction Keeley Road Site McLeansville, North Carolina CVv'S Project No. 2006-1324 - _ rlei r>?i 1: n n,EF cltF? r:F.n non- ?'' ; l 1 S 09 c •a Y r- P r? L U Q 00 - ?i .?' ? 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PON 1 lp'll 11 1 r 1: Y e 1? i 1 ?r i i v! / u o -eM a 1 ? Q oi` Pi / i IIlk _ J 1 ? tl tl?\ \\ ? ? 1 1 1 1 ) ? l 11 I? II 1 It 11 1 11 l8 y a a z - a as U by ; 11 \I , \I 1? 11t 11 \ ;t I It 1 W t I 1 \1 \ \\ I t ? ? 1 (, 1 l? 1 I i \ 1 I °i d 1IEE Ile ° I I ii ? a + A i g I b a S VC) g'#.% '6 1 0 q j@ IHII 1 1 ?J J ' ? ? I6 ? •A 1,l 0 r i / i / /i I Utiii'i /r e .d l { \\ 90ZZL'Z: 6 '£od']oldaoy ']ue]su] 'V4V EV:60: l l 600Z/E/U 'Z 133HS '6MP'JNIOb2iJ-9Z£Z\QD 9Z£Z\s6ulm2Ja]NJed Peou AolooN 9Z£Z\:r 3365744083 Dy !? .. . . :\ LEGISLATIVE DEPT. 53 AGENT CF.?TT?CA71pN OF AUTHORI7?TInN ps: L The city of Greensbot'o, hereby certifY that I have half i, Yvon.ne 1. Tohs?? repvsentinb Inc. to sat on my authorized Gregg C. fie` °f Carolina Wetland Services, Ge of this ceQUGRt theToces9ing, issuance,andacee[rt aad take all aetion3 nec??Y to P bons attached. wetlands pe??g and any and all standard and special coadi for the above information submitted in this applioaTian is true GA4 We hereby o?1ifY tbv.t th curate to the best of our knowledge: C. ?ppi?ture latu lu?°t's 5161Q8 Dates Date will aiiow the agent to sign at1 future applf??On correspondence. Gompletioa of this form 'i 09-1297 0F 10AL?? o14? -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form dk 0 A IM ][ A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: Water Quality Certification No. 3705 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Keeley Park Site 2b. County: Guilford 2c. Nearest municipality / town: McLeansville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A D ' 2009 3. Owner Information WABMNCH g IWD STOiWM?A 3a. Name(s) on Recorded Deed: City of Greensboro 3b. Deed Book and Page No. 2720-0187 3c. Responsible Party (for LLC if applicable): Ms. Yvonne Johnson 3d. Street address: P.O. Box 3136 3e. City, state, zip: Greensboro, North Carolina 27402 3f. Telephone no.: 336-253-7012 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form - Version 1.3 December 10, 2008 Version f"4 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Gregg C. Antemann 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 East Westinghouse Boulevard 5d. City, state, zip: Charlotte, North Carolina, 208273 5e. Telephone no.: 704-527-1177 5f. Fax no.: 704-527-1133 5g. Email address: gregg@cws-inc.net Page 2 of 12 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 00-04-0189-0-0436-00-044 1 b. Site coordinates (in decimal degrees): Latitude: 36.11101 Longitude: - 79.70644 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: approximately 132 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Buffalo Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The current land use is a former tree farm and nursery. 3b. List the total estimated acreage of all existing wetlands on the property: 5.98 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,337 linear feet of jurisdictional stream channel 3d. Explain the purpose of the proposed project: The purpose of the project is to develop approximately 50 acres of wooded land into a recreational facility and sports complex. This park will provide walking trails and athletic fields for local residents. This population will benefit from use of the facilities available, thus improving their quality of life. 3e. Describe the overall project in detail, including the type of equipment to be used: Phase I will include a playground/spray ground area with restroom/concession facility, a community garden area with shelter/restroom facility and small playground unit, trails and picnic shelters, and improvements to existing ponds. Phase II will include pinwheel baseball/softball complex and associated infrastructure. Park elements beyond Phase II include a corporate picnic shelter, a dog park, disk golf course, horseshoe pits and volleyball courts. The walking trails will incorporate a wetland interpretive area to educate citizens about the importance of wetlands. A track hoe and other typical construction equipment will be used 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ®Yes ? No ? Unknown Comments: CWS is requesting a revision to the JD. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Carolina Wetland Services, Name (if known): Matt Jenkins and Ron Johnson Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . SAW 2008-00123 dated January 11, 2008 Page 3 of 12 PCN Form - Version 1.3 December 10, 2008 Version S. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. NWP 39 issued October 20, 2009. (SAW-2008-02358). A revision on the JD boundaries and therefore reduction in proposed impacts is hereby requested. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. Project will be phased but all phases will be permitted as one single and complete project. Page 4 of 12 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ® Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary (T) W1 ®P ? T flooding Forested ® Yes ? No ® Corps ? DWQ 0.02 W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.02 2h. Comments: Impact is to Wetland QQ 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (I NT)? other) (feet) feet) S1 ®P ? T Fill Perennial RPW ® PER ® Corps 4 149 Stream B ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 149 3i. Comments: Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version ,4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ®P ? T combined pond Fill Pond 0.005 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0.005 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. - Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: Jordan Lake Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required ? B1 ®P ? T Pond Creation Intermittent Stream B ® Nos 3,720 8,719 B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 3,702 8,719 6i. Comments: Buffer adjacent to impacted stream will be impacted. NEw buffer will be established around pond. Page 6 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Impacts to on-site jurisdictional stream channels have been reduced to less than 150 linear feet. The original site plan impacted 210 linear feet of stream channel. A retaining wall was used to reduce the amount of fill due to the pond side slopes. Impacts were reduced by 30 percent. The portion of Stream B that will be impacted is currently lined with stone on the bed and banks. This channel acts as a spill way to Pond D. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. . Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) FType Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version P. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 12 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <24 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Percent Imperviousness is less then 24% 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Greensboro ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ® Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 12 PCN Form - Version 1.3 December 10, 2008 Version ,F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project is not anticipated to result in any additional development that will impact nearby downstrea m water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A. Page 10 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on March 14, 2008 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated March 19, 2008 (enclosed), the NCNHP stated that they have "no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas neither at the site nor within a mile of the project area." 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? T[] Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://ocean.floridamarine.org/efh_coral/ims/viewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on March 14, 2008 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of this submittal, a response letter from SHPO has not yet been received. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map Gregg Antemann, PWS Principal Scientist e. 12/04/09 Applicant/Agent's Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 12 PCN Form - Version 1.3 December 10, 2008 Version Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version NCDWO Stream Classification For//m?? Project Name: lCQal f"r k. River Basin f- f ectr County: GKt1p ?r? Evaluator: 'T S& DWQ ProjectNumber: Nearest Named Stream: O Ck• Latitude: Val 3(a'IIt?71o Signature:?yr.?j J ? (ii(I'??-,A 6 Date:11-10 - O q USGS QUAD: &OCAW (,411e Longitude Lj ?,j.)di (+4Location/Directions: *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of thisform is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream--this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) 1. Geomo polo Abse t Weak Moderate Strom 1) Is There A Riffle-Pool Sequence? 0 1 2 3 2) Is The USDA Texture In Streambed Different From Surrounding Terrain? ! 0 1 2 3 3 Are Natural Levees Present? 0_ 1 2 3 4) Is The Channel Sinuous? 0 1 2 3 5) Is There An Active (Or Relic) 9) Is A Continuous Bed & Bank Present? X0,11 1 2 3 10) Is A 2" Order Or Greater Channel (As Indicated On To o Ma And/Or In Field Present? Yes=3 Nom 1 PRIMARY GEOMORPHOLOGYINDICATOR POINTS: IL Hvdroloev Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharee Present? 0) I _ 2 3 PRIMARYHYDROLOGYINDICATOR POINTS: Secondary Field Indicators: (Circle One Number PerLb.) 3) Does Topography Indicate A ,?-? ° Natural Drainage Way? ? ..5 1 15 SECONDARY GEOMORPHOLOGYINDICATORPOINTS: i S II. Hvdroloev Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter r 4) Is Water In Channel And >48 Hrs. Since (r .5 1 1.5 5) Is There Water In Channel During Dry ; V .5 1 1.5 SECONDAR Y HYDR OL O GY INDICATOR TOTAL POINTS (Primary + Secondary)= (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) PRIMARYBIOLOGYINDICATOR POINTS. 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (*NOTE. If Total Absence OJAli Plants In Streambed 1 1 .75 .5 0 0 As Noted Above Skip This Step UNLESS SAV Present*1 SECONDARYBIOLOGYINDICATOR POINTS: DATA FORM ROUTINE WETLAND DETERMINATION (1387 COE Wetlands Delineation Manual) Project/Site: r eel kf k 5 Date: II • I0 •O Applicant/Owner: (yj?- a ll;r to ! 6r v Investigator(s): State: IN L Do Normal Circumstances exist on the site? Yes i Community 1D: (ur? Is the site significantly disturbed (Atypical Sifuation)? es No Transect ID: Is the area a potential Problem Area? Yes Plot ID: DP 1 n.a,,. -J-.4 -.- !.-" -_ - Dominant Plant Species Stratum Indicator Dominant Plant Species . Su tum indicator 1 ?1AO V.S O.XAy?E' u,5' . u • I•cw? u'1- 9 2i(ZOS.G. v?n?E?'?IVtn. 1A (At L 10 3 •r S,,an r.t?S Q. ? F y.S'J?S ki VA (Q+ 11 4v c-A C-0. FI r 12 5 13 6 14 7 15 g 16 Percent of Dominant Species that are OBL, FACW or FAC ?I 2S/, fi narks: ' ? ess ? h SO% off' SPec? es c,.re .c o r Nor Uvnoni nr_v Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) (? A Drainage Patterns in Wetlands Depth of Surface Water. N/ (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: > ?$ (in.) Water-Stained Leaves Local Soil Survey Data • Depth to-Saturated Soil: (in:) FAC-Neutral Test Other (Explain in Remarks) Remarks: ftk L CGvvV 5 O w6tMI l??dca?g? k10 Routine On-Site Data Forms Page I o Q • 11/28/2007 SOILS Map UriitName ?r1vn r ??4 ?„ _ 1 to lp C?y?? (Series and Phase): Drainage Class ckr? W'? Field Observations Taxonomy (Subgroup): rh er M t G WV i L kp?tJl.G ` Confirm Mapped Type? Yes No Proflle.Descriotion: Depth Matrix Color Motile Colors Mottle Texture, Concretions, Histosol Concretions Histic Epipedon High organic Content in Surface Layer in Sandy Soils Sul'-'l:: Odor Organic Sueaki;)g in Sandy Soils ?Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gieyed of Lovr-Chroma Colors Other (Explain in Remarks) ' Remarks: ?V0 . C03-o?5 t,G S0 i?3 rr?e5eK?. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (Circle Weiland Hydrology Present? Yes ® (Circle) Hydric Soils Present? Yes No Is-this Sampling Point Within a Wetland? Yes No Remarks: C;,f ?dh LAf*I SuI?G {? D?V? `" . Approved by HQUSACE?J92 COPY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2008-02358 County: Guilford USGS Quad: McLeansville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: City of Greensboro--Attn: Yvonne Johnson Address: P.O. Box 3136 Greensboro, North Carolina 27402-3136 Telephone No.: 336-253-7012 Size and location of property (water body, road naive/number, town, etc.): 50 acres (approximately); The site is located immediately southeast of the Keeley Road, Rankin Mill Road intersection in Guilford County, North Carolina and is identified as the Kee1V Ptirk Site. Description of projects area and activity: This authorization is for the discharge of clean fill material within 100 linear feet of a jurisdictional stream channel that lacks important aquatic function and within 149 linear feet of jurisdictional stream channel that has important aquatic function. These impacts are associated with the construction of a higher dam at the project site. Additionally, this authorization includes impacts from the excavation of 0.02 acre of jurisdictional wetlands asociated with the enlargement of an existing jurisdictional pond. This authorization also includes the discharge of rip rap within 243 square feet of jurisdictional pond for the construction of three (3) dissipation pads. The project must be conducted in accordance with the application and drawings submitted on July 21, 2008, including supplemental drawings, plans and information submitted on September 8, September 24 and October 20, 2009. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to convnence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the ITC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/pernvts. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 919-554-4884 extension 26. Corps Regulatory Official A6&.10 Date: October 20, 2009 Expiration Date of Verification: October 20, 2011 Page 1 of 3 The Wilmington District is connnitted to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http:Hh-eQulatory,usacesurvey.com/ to complete the survey online. Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This prelinnary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued January 11, 2008. Action ID SAW-2008-00123 Basis of Jurisdictional Determination: The two streams are relatively permanent waters (RPWs) and are unnamed tributaries to North Buffalo Creels, an RPW. North Buffalo Creels is a tributary to Reedy Fork, an RPW, which is a tributary to the Haw River, a traditionally navigable water (TNW). The Haw River is a tributary to the Cape Fear River, a navigable water of the United States. The Ordinary High Water Marks (OHWMs) of the unnamed tributaries were indicated by the following physical characteristics: clear natural line impressed on the bank, shelving, and the destruction of terrestrial vegetation. The pond is an impoundment of one of the unnamed tributaries. The wetlands are contiguous with one of the ponds and meet the hydrophytic vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Andrew Williams, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must deternune that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to subnut an RFA form, it must be received at the above address by December 18, 2009. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ZLI? ? y '- Date October 20, 2009 Expiration Date October 20, 2014 Page 2 of 3 Summary of Authorized Impacts and Required Mitigation Action 1D NWP / GP Open Water (ac) Wetland (ac) Unimportant Steam (10 Important Stream (If) # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Pernanent SANV-2008- 02358 NWP 39 0.005 0.02 100 149 Impact Totals 0.005 0.02 100 149 Total Loss of Waters of the U.S. (ac) 0.005 Total Loss of Waters of the U.S. (If) 249 Required Wetland Mitigation (ac) 0 Required Stream Mitigation (lf) 0 Additional Remarks and/or Special Permit Conditions: None SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Thomas Blackwell Carolina Wetlands Services, Inc. 550 E. Westinghouse Boulevard Charlotte, North Carolina 28273 Page 3 of 3 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: City of Greensboro--Attn: Yvonne Johnson File Number: sAw-2008-02358 Date: October 20, 2009 At tached is: See Section below TIAL PROFFERED PERMIT (Standard Permit or Letter of mission) A OFFERED PERMIT (Standard Permit or Letter of permission) B RMIT DENIAL V C PROVED JURISDICTIONAL DETERMINATION D ELIMINARY JURISDICTIONAL DETERMINATION E SECTION I'- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.us ice.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pennit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pernut, including its terms and conditions, and approved jurisdictional determinations associated with the peril-lit. • APPEAL: If you choose to decline the proffered pernut (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pernut under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E:, PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 Action ID Numbei-:SAW-2008-02358 County:Guilford Permittee: City of Greensboro--Attn: Yvonne Johnson Date Verification Issued: October 20, 2009 Project Manager: Andrew Williams Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT RALEIGH REGULATORY FIELD OFFICE 3331 HERITAGE TRADE DRIVE, SUITE 105 WAKE FOREST, NORTH CAROLINA 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200800123 County: Guilford U.S.G.S. Quad: McLeansville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Site Solutions Address: Attn: Jeff Ashbauth 2320 West Morehead Street Charlotte, NC 28208 Telephone No.: 704-521-9880 Property description: Size (acres) 50+ acres Nearest Town McLeansville Nearest Waterway Buffalo Creek River Basin Cape Fear USGS HUC 03030002 Coordinates N W Location description Off Keeley Road, approximately 3/4 mile from the intersection of Huffine Mill Road and Rankin Mill Road, near McLeansville, Guilford County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation-, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Page 1 of 2 Action ID: 200800123 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Monte Matthews at 919-876-844100. C. Basis For Determination Evidence of an ordinary high water mark and use of the 1987 Wetlands Delineation Manual. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Jean Manuele, Project Manager, Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, North Carolina 27612 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 11, 2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: -Monte Date January 11, 2008 tit ?L, Expiration Date January 11, 2013 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http:Hregulatory.usacesurvey.com/ to complete the survey online. Copy furnished: Ron Johnson CWS 550 E. Westinghouse Blvd Charlotte, NC 28273 Page 2 of 2 JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Corps of Engineers DISTRICT OFFICE: Wilmington FILE NUMBER: 200800123 PROJECT LOCATION INFORMATION: State: NC County: Guilford Center coordinates of site (latitude/longitude): 36.1111°N, 79.7070°W Approximate size of area (parcel) reviewed, including uplands: 50+ acres. Name of nearest waterway: Buffalo Creek Name of watershed: Cape Fear River Basin JURISDICTIONAL DETERMINATION Completed: Desktop determination ? Date: Site visit(s) ® Date(s): September 20, 2006 Jurisdictional Determination (JD): ? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). ® Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: ? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: . ® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: 13 acres and 5,400 linear feet of stream. ? There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area. ? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": ? The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": ? (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. ? (2) The presence of interstate waters including interstate wetlands. ? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? (iii) which are or could be used for industrial purposes by industries in interstate commerce. ? (4) Impoundments of waters otherwise defined as waters of the US. ® (5) The presence of a tributary to a water identified in (1) - (4) above. ? (6) The presence of territorial seas. ® (7) The presence of wetlands adjacentz to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection (s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i. e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). IfB(2, 4, S or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and are adjacent to an UT to Buffalo Creek. Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) ® Ordinary High Water Mark indicated by: ? High Tide Line indicated by: ® clear, natural line impressed on the bank ? oil or scum line along shore objects ? the presence of litter and debris ? fine shell or debris deposits (foreshore) ? changes in the character of soil ? physical markings/characteristics ® destruction of terrestrial vegetation ? tidal gages ® shelving ? other: ? other: ? Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. ® Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: CWS Basis For Not Asserting Jurisdiction: ? The reviewed area consists entirely of uplands. ? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). ? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). ? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States: ? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ? Artificially irrigated areas, which would revert to upland if the irrigation ceased. ? Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ? Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ? Isolated, intrastate wetland with no nexus to interstate commerce. ? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ? Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): ® Maps, plans, plots or plat submitted by or on behalf of the applicant. ® Data sheets prepared/submitted by or on behalf of the applicant. ® This office concurs with the delineation report, dated June 25, 2004, prepared by (company): ? This office does not concur with the delineation report, dated , prepared by (company): ? Data sheets prepared by the Corps. ? Corps' navigable waters' studies: ? U.S. Geological Survey Hydrologic Atlas: ® U.S. Geological Survey 7.5 Minute Topographic maps: Raleigh East ? U.S. Geological Survey 7.5 Minute Historic quadrangles: ? U.S. Geological Survey 15 Minute Historic quadrangles: ® USDA Natural Resources Conservation Service Soil Survey: Wake ? National wetlands inventory maps: ? State/Local wetland inventory maps: ? FEMA/FIRM maps (Map Name & Date): ? 100-year Floodplain Elevation is: (NGVD) ? Aerial Photographs (Name & Date): ? Other photographs (Date): ? Advanced Identification Wetland maps: ® Site visit/determination conducted on: September 20, 2006 ? Applicable/supporting case law: ? Other information (please specify): Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. Keeley Park Site December 4, 2009 Water Quality Certification No. 3705 Application Project No. 2006-1324 x M . P? m > w ? a , ZVI Ph-aph A. View of Non-Jurisdictional Spillway, facing east. a a § ^«u y'., +°Sc ',Y°?s,An'? ,n: l..a's `•4 S.°T '"?iCfi"-"' 7 z _:It N'?: eF ;^kw ,? +nY A ,st',.2+ Y S .+' W s .4 t. :F"4 6 C e„ zs`', 5R, - ? ? t ?yTP r"?' y P ?R l I'b J Photograph B. View of Non-Jurisdictional Spillwa}, facing southeast. Keeley Park Site December 4, 2009 Water Quality Certification No. 3705 Application Project No. 2006-1324 Photograph C. View of Non-Jurisdictional Spillway, facing upstream from below existing pipe.