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
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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
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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
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Ph-aph A. View of Non-Jurisdictional Spillway, facing east.
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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.