HomeMy WebLinkAbout20030065 Ver 1_COMPLETE FILE_20030122
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 Fax: (919) 846-9467
www.SandEC.com
January 21, 2003
DENR-DWQ A 2 ? ?
Wetland Group
Q WI•i i:i ? ? ? ? ?kl?tlP
Attn: Mr. Bob Zarzecki , WRTEF, i,AaiY `ECl!ON
2321 Crabtree Blvd. Suite 205D
toy Raleigh, NC 27604
Dear Mr. Zarzecki: tf
The purpose of this correspondence is to request a major variance from the Neuse
River Basin Maintenance of Riparian Areas rules on behalf of HWB Inc., Mr. David
Weil, president.
In August of 2002 we met on-site to evaluate the area and have met and/or
discussed the project a number of times since then. Our client has agreed to implement all
the suggestions we mutually developed regarding redevelopment of part of the site.
The project is located due south of the intersection of Hwy 70 and Hwy 581 in
Wayne County, just east of Goldsboro, NC (see Figure 1). The site is currently developed
and contains numerous metal buildings and impervious parking areas. Figure 2 is an
aerial photo of the entire property owned by HWB Inc. and specifies the area where the
proposed buffer impact would occur and the proposed on-site buffer mitigation areas.
Also enclosed are photos of the "ditch" and adjacent buffer area that is proposed to be
impacted. The photos show views from Hwy 70 (Photo 1) and Hwy 581 (Photo 2). As
you can see there is very little forest vegetation adjacent to the feature. Figure 3 indicates
the existing woody vegetation, grass, and existing impervious area adjacent to the ditch
and also has a breakdown of buffer impacts. Even though the vast majority of buffer
impacts (0.76 acres out of 0.96 acres) are to grass areas the client proposes to mitigate on-
site at the required 3:1 ratio for Zone 1 impacts and 1:5 for Zone 2 impacts by restoring
forest vegetation to areas currently occupied by either grass or gravel parking areas (see
Figure 4).
While we concur that the proposed feature to be impacted "scores" high enough
to be classified as a stream by current DWQ criteria, we would like to point out the soils
present on-site adjacent to the ditch according to the soils survey are the Craven soils
series. Such soils are described by NRCS as moderately well drained upland soils on
rounded sides of divides. Therefore, it is unlikely that a natural stream existed in the area.
Rather the channel was probably dug historically to drain the poorly drained Rains soils
that are present west of Hwy 581.
Charlotte Office: Greensboro Office: Hicko Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, N 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 35-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 35-5820
Figure 5 shows the proposed redevelopment plan for the site, which indicates an
approximate location of a Stormwater wetland for treatment of Stormwater generated at
the proposed redeveloped area. Currently there are no redevelopment plans for the
remainder of the site. However, since the site lies within Wayne County's jurisdiction, if
the balance of the area were redeveloped, compliance with the Neuse River Nutrient
Removal Standards will be required. A preliminary Stormwater management plan for the
site by S&EC dated 12/20/2002 and the required Extended Wetland Worksheet are also
enclosed.
The following list demonstrates the need for a variance:
Practical difficulties, hardships and uniqueness-
Much of the site contains existing impervious surface (1.84 acres out of 2.99
acres) that currently requires no treatment of its Stormwater.
2. Even the grassed area adjacent to the ditch is compacted and allows very little
infiltration (behaves like impervious).
3. The ditch bisects the property making major highway road frontage required for
such a redevelopment as proposed impossible.
4. The area of the site is zoned "HI" Heavy Industry by Wayne County, the
proposed redevelopment is allowed by this zoning.
5. The site was originally developed in the very early 1970's.
Why the general purpose of the intent of the rule is preserved and water quality will be
better protected if the variance is granted. None of the following will occur if the variance
is not issued.
DWQ typically requires treatment of Stormwater only for new impervious surface
on a site. The proposed plan will treat the entire 2.99 acres on-site and .41 acres of
offsite impervious surface. Currently 1.84 acres on-site and .41 acres offsite is
untreated.
2. The existing ditches on-site have very little to no woody buffer adjacent to them.
If approved 2.45 acres of woody buffer will be restored along the ditches as
shown in Figure 2 and Figure 4. These buffers will treat run off from existing
impervious surface as well as preserve them into the future. Since there is
existing impervious surface adjacent to these ditches the owner is not only
restoring a buffer but also giving up the right to continue to use the areas for
parking, storage, and driveways.
Even after doing all of the above the client will still have to pay into the WRP to
meet the nitrogen load removal standards required under the Neuse River Basin-
Nutrient Sensitive Waters Management Strategy: Basinwide Stormwater
Requirements. Based on preliminary evaluation this could be up to a $9200.00
offset payment.
Please call if you have questions or need further information in order to support
this request before the EMC.
Sincerely,
Kevin Martin
President
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
NOTE: This form may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
HWB, Inc.
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: David Weil
Title: Vice President
Street address: 106 E. Walnut Street
City, State, Zip: Goldsboro. NC 27533
Telephone: (919)_734-1111
Fax: (919) 734-0877
3. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Rosewood Industrial Park
4. Location of Facility
Street address: Intersection of Highway 70W and 581
City, State, Zip: Goldsboro, NC 27530
County: Wayne
Latitude/longitude: Lat: 35° 25' 30"/Long: 78° 03' 55"
5. Directions to facility from nearest major intersection (Also attach a map):
Site is adjacent to and due south of the intersection of Hwy 70 and 581. West side of
Goldsboro. NC. (see Figure 1)
6. Contact person who can answer questions about the facility:
Name: David Weil
Telephone: (919) 734-1111
Fax: (919) 734-0877
Email: dweila-weilent.com
7. Requested Environmental Management Commission Hearing Date: 2/12/03
Version 1: September 1998
Part 2: Demonstration of Need for a Variance
NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
Commission to grant a variance to an affected party when the following conditions apply on a given project:
(a) practical difficulties or hardships would result from strict application of the rule:
(b) such difficulties or hardships result from conditios which are peculiar to the property involved, and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were granted.
This part of the application is to explain how the project meets criteria (a) and (b).
Attach a detailed description (2-3 pages) explaining the following:
• The practical difficulties or hardships that would result from strict application of the Rule.
• How these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the
riparian area is not feasible on this project. If economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
Part 3: Water Quality Protection
NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and i
intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if
the variance were granted.
1. Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
Please see attached 12/20/02 S&EC, PA Conceptual Stormwater Study for the project.
2. What is the total project area in acres? 3.4 acres
3. Which of the following permits/approvals will be required for this project?
CAMA Major
X Sediment/Erosion Control
X 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998
Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project, attach an additional sheet with the information for each basin
provided in the same format as below.
Project Information Drainage Basin 1 Drainage Basin 2
Receiving stream name unnamed tributary of Little
River
Receiving stream class' WS IV
Drainage basin area (total) 4.5 acres
Existing impervious area3 (total) 1.84 acres
Proposed impervious area3 (total) 3.4 acres
Impervious area3 (on-site) 73.1%
Impervious area3 (total) 75.6%
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings 0.43 acres
On-site streets --
On-site parking 2.20 acres
On-site sidewalks 0.36 acres
Other on-site ---
Total on-site 2.99 acres
Off-site 0.41 acres
Total 3.40 acres
' The intemet site for this information is http?/h2o.enr.state.nc.us/strmclass/alpha/neu.html
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
Street surface areas from Highways 70 and 581
6. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BMPs ( Stormwater pond, wetland, infiltration basin, etc)?
Attach a detailed plan for all proposed structural Stormwater BMPs.
Drainage
basin Size of
drainage
basin
ac Post-development
nitrogen loading rate
without BMPs°
Ibs/ac/ r BMP nitrogen
removal
eff ciencl
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs
1 4.5 acres 16.31 Ibs/ac/yr 40% 9.79 lbs/ac/yr 9.79 lbs/ac/ r
2
3
4
5
Totals ------ ------ -- ?._
4 Attach calculations and references.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998
Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-109 Innovative BMPs Supplement
Part 4: Submittal Checklist
A complete appplication submittal consists of the following components. Incomplete submittals
will be returned to the applicant. The complete variance request submittal must be received 90
days prior to the EMC meeting at which you wish the request to be heard. Initial below to
indicate that the necessary information has been provided.
Applicant's Item
Initials
../._, . Original and two copies of the Variance Request Form and the attachments
listed below.
_ • A vicinity map of the project (see Part 1, Item 5)
................... . Narrative demonstration of the need for a variance (see Part 2)
A detailed narrative description of stormwater treatment/management (see Part
3, Item 1)
- -- • Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• Calculations and references supporting nitrogen removal from proposed BMPs
(see Part 3, Item 6)
---- -- . Location and details for all proposed structural stormwater BMPs (see Part 3,
Item 6)
............ -- --- . Three copies of the applicable Supplement Form(s) for each BMP and/or
narrative for each innovative BMP (see Part 3, Item 7)
• Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 100' or 1" = 50' is preferred)
0 Revision number & date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
0 Original contours, proposed contours, spot elevations, finished floor
......... _..._...._..._......._....._._. elevations
0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
- - ...... ............... _..-........ 0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff
-- calculations
- - 0 Drainage basins delineated
- -- -- 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 4
Version 1: September 1998
Jan 16 03 04:02p David Weil 919 734-0877 p.2
Part 5: Deed Restrictions
By your signature in Part 7 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the state, and that the easements will be recorded prior to the
sale of any lot.
Part 6: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Kgtyin_,kart_i8. S& P?,
Mailing address: l l o i o Ba xeu 8a?_ ._"
City, Stale, Zip;
Telephone: 9194??Q
Fax: 919-86-94b7
Email: ksartinfsandec,com
Part 7: Applicant's Certification
I. ??tg. _ ,,_peY? d h?.eiI -- " _Zr..Aidanx_ _ (print or type name of person Ilsted
In Part I, Item 2), certify that the information included on this permit application form is correal,
that the project will be constructed in conformance with the approved plans and that the deed
restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Vice President
Varlence Request Fo?m, page 5
Version 1: September 1998
DWQ Project No.
DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION WETLAND WORKSHEET
1. PROJECT INFQRMATIO (plgase completeihe following information):
1?1
'1? ( '(0 1
'
??? Y1
H
?
Project Name: YIN .
v
L
Contact Person: A r i cll. 14, Sm i-A a ;? Phone Number: (011 DI) b - .1I1)
For projects with multiple basins, specify which basin this worksheet applies to: A/4
1'Pr?Y ?'S
Permanent Pool Elevation - ft. (elevation of the orifice invert out) ZJ tad Aosi,hn)
Temporary Pool Elevation 1
- ft. (elevation of the outlet structure invert in)(GMA1 DbfSh )
Permanent Pool Surface Area IN `? 67 _ sq. ft. (water surface area at permanent pool elevation) 1'0,15'4102)
Drainage Area L1, -15 ac. (on-site and off-site drainage to the basin)
-
Impervious Area
b
S
f
A
F `? ac. (on-site and off-site drainage to the basin)
o L au YO
t
l
15%
ft
t
t
l
l
ti
i
9'88
(0
ore
ay
ur
ace
rea ma
y
. (a
permanen
poo
e
eva
on approx
e
)
sq.
,
arsh " ' Surface Area
M sq. ft.'VAat permanent pool elevation approximately-35%) (o, / / aars
,,??
7
-ri'SSlmh 9" 18" Swf ee Area -- sq. ft. ) `
(
Micro Pool Surface Area 9 sq. ft. (at permanent pool elevation approximately 15%)
D / D 2 ktlrS 1
Temporary Pool Volume /2-, 57$ cu. ft. (volume detained on top of the permanent pool) (p, 2I/ ot._&)
SA/DA used 11 to (surface area to drainage area r tio) Disk
Diameter of Orifice in. (draw down orifice diameter) es.' t J ;n Alm I or2r,
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. I fa requirement has not been met, attach an explanation of why.
ADDlicants Initials
n/? The temporary pool controls runoff from the 1 inch rain.
The basin side slopes are no steeper than 3:1.
A planting plan for the marsh areas with plant species and densities is provided.
Vegetation above the permanent pool elevation is specified.
An emergency drain is provided to drain the basin.
The temporary pool draws down in 2 to 5 days.
?? F a Sediment storage is provided in the permanent pool.
A sediment disposal area is provided.
l v ?" Access is provided for maintenance.
\~ s A site specific, signed and notarized operation and maintenance agreement is provided.
The drainage area (including any offsite area) is delineated on a site plan.
Plan details for the wetland are provided.
Plan details for the inlet and outlet are provided.
A site speeifie, signed ftad neterized eperefieft and w&imenmtee agreement is preNided (see
Va , 4 (ft 4? /e j) 1A A fl II //__
beer, J% Lvn,m\z l a s -TG, is Pl, N A nrelim,lIAvq
n ()A +u v4 . fArc..?,???n 5 /?J , o??i ?,r,,?,t / c% 5! 7n to 17'o. t V,JJ
re ?kiyej
Ja-/i /S A- VA, /rb).L el"J
CGS ol1a.?/??
December 20, 2002
S&EC Project No. 7325
Mr. David Weil
Weil Enterprises
P.O. Box 2063
Goldsboro, NC 27533
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
Re: Highway 581 and Highway 70 Property
Preliminary Stormwater Study
Wayne County, North Carolina
Dear Mr. Weil:
As requested, Soil & Environmental Consultants, PA, (S&EC) has completed a preliminary
stormwater study for part of the referenced property in Wayne County, NC. As part of the
permitting process you will be required to treat stormwater runoff associated with this
development in addition to treating or bypassing existing stormwater runoff which currently
drains to the site.
We discussed the project site with Mr. Bob Zarzecki of the North Carolina Department of
Environment and Natural Resources (NCDENR), Division of Water Quality (DWQ), on
August 20, 2002. Based on this discussion it is our understanding that the design and
construction of an extended detention wetland (or stormwater wetland) will be required for
treatment of stormwater on the property as part of the variance process and to comply with the
Neuse Basin Nutrient Removal Strategy.
The purpose of this study was to determine the approximate size (or footprint) of an extended
detention wetland required to treat stormwater from the site. This wetland would serve to treat
site stormwater through the removal of Total Suspended Solids (TSS) in accordance with the
North Carolina Best Management Practices (BMP) Manual. The wetland would also serve to
treat stormwater for Total Nitrogen (TN) reduction in accordance with the Neuse River Basin:
Model Stormwater Program for Nitrogen Control.
This letter report presents our assumptions on future site conditions, preliminary feature sizing
rationale, and briefly describes potential stormwater features. Permitting issues associated with
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820
Mr. David Weil Page 2 December 20, 2002
any jurisdictional stream and/or wetland impacts have been addressed under a separate
correspondence. The permit from the U.S. Army Corps of Engineers (USAGE) will be requested
in January 2003. However, the required 401 Water Quality Certification from DWQ cannot be
requested until after a variance from the Neuse River Buffer rules is granted by the
Environmental Management Commission (EMC). We anticipate being heard in the February
2003 EMC meeting and will submit the 401 application as soon as a variance is approved.
For the purpose of this letter the terms "extended detention stormwater wetland," "stormwater
wetland," and "constructed wetland," are to be used interchangeably and all refer to an extended
detention stormwater wetland as described in the Stormwater BMP manual.
Authorization
Engineering services for a Preliminary Stormwater Study for the referenced parcel were
authorized by acceptance of Soil & Environmental Consultants, PA, Project Request Form,
Project No. 7325, on November 21, 2002, by Mr. David Weil of Weil Enterprises.
Project Description and Location
The proposed development site is located northwest of the City of Goldsboro, immediately
southeast of the Highway 581 / Highway 70 interchange in Wayne County, NC. See Figure 1.
According to Preliminary Plans prepared by Alvolis Engineering, PA, of New Bern, NC, the
subject tract consists of approximately 3.4 acres of primarily developed property.
We understand from you (the client) that a combined Bojangles Restaurant & Fuel Warehouse is
proposed for construction on the site. The proposed development is projected to impact
approximately 370 linear feet of existing channelized stream which generally flows west to east
across the site. In order to meet the requirements of the North Carolina Division of Water
Quality 401 Permit certification (associated with the proposed stream impacts), you are required
to complete a Stormwater Plan to treat stormwater discharge from the site.
Whenever possible it is your intention to intercept and divert off-site stormwater prior to arrival
on site. However, undiverted off-site drainage from the adjoining property as well as on-site
drainage will require treatment or diversion in accordance with the requirements of the North
Carolina Department of Environment and Natural Resources, Division of Water Quality.
Extended Detention Wetland Performance and Regulatory Stormwater Treatment
Standards
Treatment of stormwater runoff is required in accordance with the North Carolina Stormwater
Management rules. The North Carolina Department of Environment and Natural Resources
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
Mr. David Weil Page 3 December 20, 2002
(NCDENR), Division of Water Quality (DWQ), Best Management Practices (BMP) manual
outlines design requirements necessary to meet the pollutant removal design standard of 85
percent removal of Total Suspended Solids (TSS). Based on the BMP manual, an extended
detention wetland is assumed to have a TSS removal efficiency of 85 percent. A detention time
of two to five days is required to meet this level of efficiency. Typically, a small embankment
(or dam) and outlet device are used to detain stormwater runoff for sedimentation of suspended
particles and biological treatment of pollutants.
Based on the project location within the Neuse River Basin, the parcel must also be evaluated for
its contribution of Total Nitrogen (TN) being delivered to the receiving watercourse (an unnamed
tributary of the Little River). Constructed properly, extended detention wetlands also contribute
significantly to the removal of TN. According to the Neuse River Basin: Model Stormwater
Program for Nitrogen Control, dated August 30, 1999, extended detention wetlands are currently
considered to remove 40 percent of the TN from stormwater inflow. Stormwater wetlands,
incidentally, are cited as having the highest TN removal rates of any of the commonly accepted
stormwater BMP's currently in use.
As described in the cited program literature, for commercial and residential development, the
rules require that nitrogen export of 3.6 pounds per acre per year (lbs/ac/yr) or less be achieved.
In the case where proposed commercial development results in TN export rates less than 10.0
lbs/ac/yr, then the owner may either;
1) Install BMPs to remove enough nitrogen to bring the development down to 3.6
lbs/ac/yr, or
2) Pay a one-time offset payment (to the NC Wetlands Restoration Program, WRP) of
$330/lb to bring the nitrogen down to 3.6 lbs/ac/yr, or
3) Do a combination of BMPs and offset payment to achieve the 3.6 lbs/ac/yr export.
If a particular development has a computed export rate greater than 10.0 lbs/ac/yr, then the owner
must use on-site BMPs to bring the development's export down to 10.0 lbs/ac/yr. Then, the
owner may use one of the three options described above to achieve the nitrogen reduction
between 10.0 lbs/ac/yr and 3.6 lbs/ac/yr.
Based on our discussion with the Division of Water Quality, we understand that once treated for
TSS and TN removal, stormwater from an extended detention wetland can be discharged directly
into the receiving watercourse. It is our understanding that based on the project location, all
proposed stormwater treatment devices must be reviewed and approved by the engineering staff
at DWQ.
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
Mr. David Weil Page 4 December 20, 2002
Proposed Site Development and Drainage Systems
For the purpose of stormwater feature sizing we assumed that limited off-site stormwater (that
from the highways to the north) would require treatment, and thus approximately 4.5 acres of
drainage area would require treatment in the extended detention wetland. Drainage currently
entering the site from the west and south will be passed through the site by piping and/or
relocating the existing channelized stream that bisects the front (northern) part of the tract.
Since we are unaware of the grading details of the proposed development we have only evaluated
site stormwater for the conditions depicted on the plan provided. We have assumed that future
grading would direct stormwater in a generally southward direction away from the
aforementioned highway intersection. In order to meet the regulatory treatment requirements, all
on-site storm drainage must be designed to drain to a sediment forebay of the extended detention
wetland. ,
Site Constraints on Stormwater Treatment
Site constraints included the proposed development, property lines, the highways and associated
right-of-ways, existing buildings on adjoining properties, and any surface or subsurface conduits
used to transport discharges from the existing (to be impacted) intermittent stream. In large part,
these site constraints limit the areas available for stormwater treatment.
Future stormwater planning to included grading, pipe network layout, and outfall locations
should all be carefully considered for compatibility with potential locations selected for the
construction of an extended detention wetland. Construction access to the site, as well as
permanent maintenance access to the required sediment forebay (for sediment removal and
disposal) should also be considered during site planning and layout.
Additionally, erosion and sediment control plans, including both temporary and permanent
structures should be planned accordingly so as not to interfere with wetland construction. It may
be possible to use some part of the area slated for the stormwater wetland as part of the sediment
treatment system during site construction, thus potentially reducing overall construction costs.
The engineering firm responsible for this aspect of the project will need to be instructed to
closely coordinate their work with S&EC to ensure compliance with the requirements of the
variance and wetland permits.
Wetland Surface Area and Footprint
The stormwater wetland footprint was estimated based on the required surface area (forebay,
planted wetland, and outlet micropool) as well as a temporary storage volume sufficient to handle
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
Mr. David Weil Page 5 December 20, 2002
the runoff from the first one inch of rainfall from the contributing drainage area. The shape of
the wetland footprint may be adjusted to work within the property boundary limitation provided
by the property boundaries and other site constraints.
Based on a review of the proposed site plan, drainage area delineation estimate approximately 4.5
acres will contribute runoff requiring treatment. Of this area, 3.4 acres (building and parking
footprints only) was considered to be 100 percent impervious resulting in an impervious
percentage of approximately 76 percent (rounded to 80 percent for design purposes).
A permanent pool depth of three feet was selected for these analyses as prescribed in the design
guidance. This resulted in a design Surface Area to Drainage Area (SA/DA) ratio of 3.36. Using
methods described in the BMP manual, the constructed wetland was sized with a minimum
wetland surface area of 6,587 square feet (ft.2) or approximately 0.15 acres.
A temporary water quality pool is also required to provide storage volume sufficient to handle
the runoff associated with the first one inch of rainfall which falls on the contributing drainage
area. Using the "Simple Method" described in the BMP manual we estimated a required volume
of approximately 0.29 acre-feet (12,578 ft.). Considering a wetland surface area of 0.15 acres,
we find a resultant temporary pool depth of approximately 2 feet is needed.
According to the BMP manual, a forebay established by a weir must be included to encourage
early settling of larger particles before they enter the wetland area. The forebay surface area is
typically required to be approximately 15 percent of the overall wetland surface area footprint.
The sediment forebay should be constructed to accept discharge from the proposed piped (or
otherwise conveyed) stormwater from the site. The number and location of the concentrated
stormwater inlets from the site will depend on the proposed development grading and storm drain
design. Typically approximately 70 percent of the footprint is finely graded to an elevation of
zero to six inches above Normal Pool elevation. The remaining 15 percent of the footprint is
maintained as open water in the form of micropools and open channels including a small pool at
the wetland outlet.
Without refined site topographic data it is unclear if an earthen fill embankment may be required
to form the perimeter (or a portion of the perimeter) of the constructed stormwater wetland.
Whether the wetland is formed by excavation, embankment construction, or a combination of the
two specific grading is necessary. It is typically desired to grade the slopes of the temporary
water quality pool not steeper than 6H:1 V for safety purposes and to provide additional area for
plant material. Typically slopes not steeper than 3H:1 V should be used on both the inside
(upstream) and outside (downstream) slopes of the wetland and its embankment, starting at top
of the temporary water quality pool. The crest with for the embankment should be at least 10 feet
to allow for ease of construction and future maintenance. Based on available topographic
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
Mr. David Weil Page 6 December 20, 2002
mapping, elevation change are slight, accordingly the volume of fill material necessary for
construction of an embankment is not expected to be significant.
Nitrogen Export Rate Calculations
We estimated Nitrogen Export rates associated with the proposed development using methods
outlined in the Neuse River Basin: Model Stormwater Program for Nitrogen Control guidelines.
For the purposes of our initial estimates we assumed that 3.4 acres would be developed as
described above. We also assumed that the remaining 1.1 acres would be Permanently Protected
Managed Open Space (grass, landscaping, etc.). This category, along with Impervious Surface
(roads, parking lots, roofs, etc.) are defined in the literature for use in calculations of TN. The
resulting TN export from development was calculated at approximately 73.4 lbs/yr, with a
nitrogen export coefficient of 16.31 lbs/ac/yr.
Since the export coefficient is greater than 10 lbs/ac/yr a BMP must be used to reduce the
coefficient below the 10 lbs/ac/yr threshold. The proposed BMP (extended detention wetland)
can be assumed to reduce TN by 40 percent to 9.79 lbs/ac/yr. At this point additional BMPs, an
offset payment, or a combination of the two would be required to meet the 3.6 lbs/ac/yr standard.
If the offset payment is proposed as the only option, then we estimate the offset payment at
6.19 lbs/ac/yr (9.79 -3.60) times 4.5 acres times $330/lbs or approximately $9,200.
Conclusions and Recommendations
For planning purposes we are providing the following conclusions and recommendations:
The overall basin size at the toe of the perimeter slope can be estimated at approximately
2 to 3 times the surface area of the permanent stormwater wetland pool depending on site
conditions. Accordingly, we recommend that a useable area of 0.3 to 0.45 acres be
reserved for construction of the extended detention wetland. The attached site plan shows
possible locations of the stormwater wetland. Please advise us of your preferred location.
2. It should be remembered that the stormwater wetland footprint may vary significantly
depending on local topography, and as such, close consideration should be given to the
selection of wetland location and orientation. Property boundary stand-off requirements
should be confirmed.
We understand that no site soils evaluation has been performed to date. The design and
construction of select stormwater treatment devices (to include stormwater wetlands) can
be complicated or unsuitable depending on the results of such an evaluation. We
recommend that we be allowed to review the selected stormwater wetland location for
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
Mr. David Weil Page 7 December 20, 2002
suitability and to ascertain that the reserved area is adequate for the stormwater wetland
and its appurtenances are compatible with the results of our site soils evaluation.
4. As described in our project scope, Soil & Environmental Consultants, PA, will design the
components of the stormwater wetland, to include the primary spillway structure and its
components, the emergency spillway, inlet and outlet protection, and wetland plantings.
However, we recommend that such design services be delay until such time that a
variance is granted by the EMC.
5. All on-site storm drainage from areas to be treated should be designed to drain through
gravity means to the sediment forebay of this constructed wetland. All other drainage
from off-site areas, should be diverted around the site and away from the wetland forebay
if possible.
6. All of the site constraints previously listed should be confirmed prior to final design of a
stormwater wetland (or other stormwater or development features) to ensure no conflicts
exist. This will require that the engineer responsible for the site planning and local
permitting coordinate with S&EC.
Other Considerations
Coordination of other design professionals' work is required to make this or any stormwater
system function as intended. Design and construction of other site features (ie. facilities
expansion, road network, etc.) should consider the possibility that changes to Construction Plans
and Technical Specifications may become necessary after regulatory review comments are
received on any stormwater plan.
Because we are unaware of the exact details of proposed development depicted on the current
development plans we have only performed a limited site stormwater evaluation. This evaluation
only considered the site conditions depicted on the drawings provided. Accordingly any changes
to this depiction are likely to impact our evaluation and recommendations of potential site
stormwater features.
Consideration should also be given to the use of other stormwater features such as bioretention
areas and infiltration devices. While these alternative treatment devices may not be suitable for
treatment of all site stormwater requirements, they are effective in TSS and TN removal (and
potential offset payment reductions). Additionally, these alternatives can potentially reduce the
space required, construction effort, and associated costs required for more conventional treatment
devices. These devices also provide improvements to the proposed development site in the form
of vegetated parking lot islands and other landscaped buffers which are not only functional for
stormwater treatment but aesthetically appealing as well.
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
Mr. David Weil Page 8 December 20, 2002
Limitations
It should be remembered that this report is preliminary and that our evaluations, conclusions, and
recommendations are based on project and site information available to us at the time of this
letter report. Recommendations presented in this letter may require modification if there are any
changes in the project or site conditions, or if additional data about the project or site becomes
available in the future. Additionally, decisions regarding any outstanding permit issues or
policies issued by governing regulatory agencies are beyond our control, and as such
modifications to our evaluation, conclusions, and/or recommendations may be necessary.
If you have any questions concerning this submittal, or if we may be of further service, please do
not hesitate to call us. We appreciate the opportunity to work with you.
Sincerely, yy
SOIL & ENVIROt
?FF,SS
4
SEAL
Patrick K. Sm' I P. . 0296
N.C. License No'.2 ._
Attachments: Fi
?NSULTANTS,PA
Asa
Figure 2, Proposed Site Plan
Appendix A - Preliminary Stormwater Calculations
11010 Raven Ridge Road (919) 846-5900
Raleigh, North Carolina 27614 Fax (919) 846-9467
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Step 1 Determine area for each type of land use and enter in in Column (2).
Step 2 Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3 Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter in Column (4).
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(1) (2) (3) (4)
Type of Area TN Export TN Export
Land Cover (acres) Coeff. from Use
IbsJac./ r. IbsJ r.
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Open Space (forest, unmown meadow)
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Open Space (grass, landscaping, etc.)
Impervious Surfaces (roads, parking, 3.40 21.20 72.08
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TOTAL 4.50 73.40
Total Nitrogen Export Coefficient = . -1,J431
NOTE: If TN export rate is greater than 10.0 IbsJacJyr. then a BMP must be installed
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Alan W. Klimek, P.E., Director
Division of Water Quality
March 7, 2003
HWB, Inc.
Attn: Mr. David Weil
106 E. Walnut Street
Goldsboro, NC 27533
Subject Property: Rosewood Industrial Park, Hwy 70 and 581, Goldsboro, NC
UT to Little River [03-04-06, 27-57-(20.2), WS-IV NSW]
DWQ Project No. 03-0065
County: Wayne
Page 1 of 2
APPROVAL of 401 Water Quality Certification and Major Variance Approval per the Neuse River Buffer Protection
Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS
Dear Mr. Weil:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 570 feet of stream and 41,839 square feet (ft) of protected riparian buffers for the purpose of
redeveloping the existing commercial site into a gas station / convenience store and fast food restaurant, as described
Within your Major Variance Request presented to the Water Quality Committee (WQC) of the Environmental
Management Commission (EMC) on February 12, 2003 and the Pre-construction Notification Application (PCN) dated
March 3, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of
Water Quality (DWQ) General Water Quality Certification Number(s) 3362 (GC3362). The Certification(s) allows you to
use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USAGE). This letter shall, also, act as your
Major Variance approval as decided by the WQC on February 12, 2003 and described within 15A NCAC 2B.0233(9)(c).
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge and Neuse
Stormwater regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise
specified in GC3362.
This approval is only valid for the purpose and design that you described in your Major Variance Request and PCN
Application. If you change your project, you must notify us and you may be required to send us a new application and
request a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of
this Certification and approval and is thereby responsible for complying with all conditions. For this approval to be valid,
you must follow the conditions listed in GC3362 and any other conditions listed below.
Conditions:
1. Stormwater Management
A final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in
this Certification and Major Variance Approval occur. The stormwater management plan must include plans and
specifications for stormwater management facilities designed to remove 85% TSS according to the most recent
version of the NC DENR Stormwater Best Management Practices Manual. The stormwater management plan must
include the extended detention wetland to remove nitrogen as required by the WQC. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality (DWQ). Also, before any permanent building is occupied at the subject site, the facilities (as approved by this
Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall
be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality.
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands
Page 2 of 2
2. Buffer Mitigation
You are required to provide 2.45 acres of buffer mitigation as required by the WQC and proposed within your Major
Variance Request and PCN application. A final, written buffer mitigation plan shall be approved in writing by this
Office before the impacts specified in this Certification and Major Variance Approval occur. The buffer mitigation plan
must include plans and specifications according to 15A NCAC 02B .0242(9).
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
4. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3362.
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review your
variance request. You must send us a request for this review in writing within 60 days of the date that you receive this
letter.
If you do not accept any of the conditions of their review or if you do not accept any of the conditions of this Certification,
then you may ask for an adjudicatory hearing. You must request this hearing within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447. This Certification and
Major Variance Approval and their conditions are final and binding unless you ask for a hearing.
- This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
f r?.
Klime , P.E.,
D Q, Director
Attachments: Certificate of Completion
GC 3362
Cc: Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
Scott Jones, USACE Washington Regulatory Field Office
Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
DWQ # 03-0065
Date: March 7, 2003
bz
Kevin & Patrick - HWB Goldsboro
Subject: Kevin & Patrick - HWB Goldsboro
Date: Wed, 12 Feb 2003 15:58:33 -0500
From: Bob Zarzecki <bob.zarzecki @ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: Info Ca) sandec.com
Kevin & Patrick (RE: HWB, Inc. Goldsboro): Today's variance went well.
Several WQC members and Coleen wanted me to let you know that they
appreciated such a complete application package. I told Coleen that it
helps when your working with a good consultant and someone who knows
what we're looking for.
Patrick: It may be a good idea to use this one as an example for Novo
Nordisk (when & if they decide to proceed w/ a variance).
Kevin: I need to know if the USACE took jurisdication on the modified
stream/ditch. If so, then I would like to issue the WQC decision along
with the 401 approval. We'll need a PCN for the 401. If not, then let
me know and I'll send out the decision letter this week. Thanks.
- Bob
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
1 of 1 2/12/03 3:59 PM
02/04/03
EMC WATER QUALITY COMMITTEE MEETING
February 12, 2003
Archdale Building - Ground Floor Hearing Room
11:00 A.M.** - 2:00 pm
**earlier than usual start time
Executive Order No. 1 mandates that the Chair inquires as to whether any member knows of any known conflict of interest or
appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance
of conflict, please so state at this time.
11:00 AM - Opening Comments
Chairman Peterson
*Asterisk indicates consensus item; staff are available if there are any questions, but no presentation is
planned.
*1. Request for Approval of Lincoln County's Revised Water Supply Watershed Protection Ordinance
in Compliance with the Water Supply Watershed Protection Rules - (Consensus Action Item)
(Steve Zoufaly)
Local Government Assistance Unit staff worked with Lincoln County to revise their Water Supply
Watershed Protection ordinance. Minor corrections were needed to bring it into compliance with State
rules. Lincoln County submitted a revised ordinance that meets or exceeds the State's minimum
requirements. Staff recommends that the Water Quality Committee approve the proposed ordinance (see
attachment).
*2. Request Permission to Send the Draft Broad River Basinwide Water Quality Plan to
the EMC - (Consensus Action Item) (Cam McNutt)
DWQ staff will request permission from the Committee to take the draft Broad River Basinwide
Water Quality Plan to the EMC the following day. Copies of the revised plans were sent to the
Committee as part of the EMC package. The plan may also be viewed online at
http://h2o.enr.state.nc.us/basinwide/. A summary of the public comments and DWQ responses is
attached (see attachment).
Consideration of a Request for a Maior Variance from the Neuse River Riparian Area Protection ?
Rule - (Action Item) (Bob Zarzecki)
n?
A request has been received for the WQC to grant a variance from the Neuse River riparian area
protection rule (15A NCAC 213 .0233) for the HWB, Inc. "Rosewood Industrial Park" project in
Goldsboro, Wayne County, NC. The project is located south of the intersection of Hwy 70 and 581,
west of Goldsboro. The applicant, HWB, Inc., is proposing to impact buffers along a modified stream
to redevelop an existing commercial property. The unnamed stream is a tributary to the Little River
(classified as "WS-IV NSW"). Stormwater management and buffer restoration on an adjacent property
are proposed to mitigate the impacts. DWQ staff recommends that the Major Variance be approved (see
attachment).
Page 1
02/04/03
py Recommendations to Modify the Maior Variance Request Procedures - (Action Item) (Bob ?t
Zarzecki)
In December 2002, the WQC approved a modification to a major variance that was initially
approved by the full EMC in May of 1999. The Committee stipulated that staff has the authority to
approve future modifications to the variance if certain conditions are met. In addition, the Committee
instructed staff to present draft conditions that if met will allow staff to approve modifications to all
previously approved major variances. Staff will present these conditions to the Committee for approval
(see attachment).
5. Request to Proceed to EMC for Approval of Tar-Pamlico Model Local Stormwater Program -
(Action) (Rich Gannon)
As part of the Tar-Pamlico Nutrient Sensitive Waters strategy, the Tar-Pamlico stormwater rule
requires the Commission to approve a model local Stormwater program that DWQ staff has developed in
cooperation with subject local governments. Following this approval, using the model as guidance,
those jurisdictions are to design their programs over the ensuing year for submittal to the Commission.
Since February 2002, staff has met regularly with the affected local governments and others to develop
this model, which builds on a similar product created for the Neuse basin. The group, with contracted
facilitation and technical support, addressed unique rule elements and improved on Neuse methods.
Staff will offer the consensus recommendation of the stakeholder group that the Committee endorse the
Tar-Pamlico model program to the full Commission the next day for approval. Please note that the full
report and model document are not included within the WQC package, but are included only in the full
EMC package. Also, appendices to the model are not provided due to their size. The appendices can be
viewed or downloaded from the Tar-Pamlico web page at http://h2o.enr.state.nc.us/nps/tarpam.htm
6. Request to Proceed to EMC for Approval of Full Tar-Pamlico Agricultural Accounting Method -
(Action) (Rich Gannon)
In October 2002, as part of the Tar-Pamlico Nutrient Sensitive Waters strategy, the Commission
approved a cropland nitrogen accounting method for the Tar-Pamlico agriculture rule, which was
effective September 1; 2001. Session Law S.L. 2001-355, a product of legislative review of the rule,
requires that the EMC approve a combined accounting method that incorporates accounting for pasture-
based operations. Staff worked with the Basin Oversight Committee (BOC), experts from North
Carolina State University, and pasture representatives to develop a combined accounting process, and
will present the BOC's recommendation to approve this method. The method will be used by Local
Advisory Committees and the BOC to develop annual estimates of progress for each county and the
basin as a whole toward the 30% nitrogen reduction goal of the rule. Staff will also provide an update
on efforts to achieve full farmer registration under the rule. Staff requests that the Committee agree to
recommend approval the next day before the full Commission of the combined accounting tool to meet
the accounting requirements of S.L. 2001-355 and the Tar-Pamlico agriculture rule, 15A NCAC 2B
.0256. Please note that the full report is not included within the WQC package, but will be sent under
separate cover.
7. Request Approval to Send the Proposed Permanent Rule Text for Phase II NPDES Stormwater to
the full EMC for Public Hearing - (Action Item) (Bradley Bennett)
In July 2002 the EMC and DWQ held five public hearings to gather public input on draft NPDES
Phase 2 Stormwater Rules. These hearings were held in Asheville, Kernersville, Smithfield,
Washington and Wilmington. Following these hearings, the Hearing Officers and Division Staff
developed temporary rules that were approved by the EMC at its October 2002 meeting and subsequent
drafts were considered by the WQC in December 2002. DWQ Staff will present the Hearing Officers
proposed permanent NPDES Phase 2 Stormwater Rules and request permission to proceed to the full
Page 2
02/04/03
EMC the next day for permission to publish the Notice of Text and proceed to public hearing with the
proposed rules (see attachment).
8. Request Approval to Send the Proposed Permanent Rule Text for Catawba Buffer Rules to the
full EMC for Public Hearing & Recommendation for the EMC to Waive the 30-day Rule - (Action
Item) (Alan Clark)
Temporary buffer rules were adopted by the Commission in May 2001 and became effective on July w U ? j
> 1, 2001. The rules protected 50-foot wide buffers along the shorelines of the free-flowing portions of (?v
?y the Catawba River mainstem below Lake James and along the mainstem lake shorelines from the I?%;'
k headwaters of Lake James to the North Carolina-South Carolina state line in Lake Wylie. Subsequently,
?V?sy the General Assembly passed legislation (HB 189) extending the effective life of the temporary rules AA
n until September 1, 2003. The EMC has requested staff prepare permanent buffer rules, based on the ty J
,y temporary rules, and present them for the EMC to approval sending them to public hearings with the :
??" )3} intent to adopt the existing temporary rules as permanent prior to the September 1, 2003 expiration date.
Staff's presentation will include a summary of the fiscal analysis of the rules, benefits and limitations,
staff resource needs, public sentiment, and possible tie-ins with other proposed rules. The Committee '
h) will decide whether to approve sending the rules to the full EMC the next day for their approval to send
them to public hearings. If yes, then a recommendation for the EMC to waive the 30-day rule will also,
W be requested (see attachment).
9. Updates on Recent Actions of US Army Corps of Engineers and US Environmental Protection
Agency Regarding Isolated Wetlands and Waters and NC Court of Appeals Recent Decision ?i'
Regarding Wetlands - (Information Item) (John Dorney) f `X/
On January 15, 2003, the US Army Corps of Engineers and US Environmental Protection Agency
published a Guidance Memorandum concerning how their agencies are to implement the US Supreme
Court's 2001 decision regarding isolated wetlands and other isolated waters (the "SWANCC" case -
Solid Waste Agency of Northern Cook County). DWQ staff have reviewed this Guidance and discussed
it with US Army Corps of Engineers staff in NC and conclude that as long as the EMC's isolated
wetland and isolated waters rules remain in effect (15A NCAC 2H .1300), then the Guidance will have
no practical effect in NC. Also on December 31, 2002 the NC Court of Appeals ruled unanimously that
the EMC has statutory authority to regulate wetlands since wetlands are included in the existing
definition of waters of the state. The Court of Appeals also ruled unanimously that the 401 Water
Quality Certification rules (15A NCAC 2H.0500) were properly adopted and do not have to be re-
noticed and approved by the EMC. If Commission members should have any questions, DWQ staff will
be available to address these issues.
Closing Comments
Chairman Peterson
Page 3
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•A request has been received for the Water Quality Committee to grant
a variance from the Neuse River riparian area protection rule (15A
NCAC 2B .0233) for the HWB, Inc. "Rosewood Industrial Park" project.
-The project is located south of the intersection of Hwy 70 and 581,
west of Goldsboro.
-The applicant, HBW, Inc. (Mr. David Weil, vice president), is proposing
to pipe and fill approximately 570 feet of an unnamed modified stream
within the Little River (WS-IV NSW) watershed.
•The subject stream begins west of Hwy 581 drains through the
property and across Hwy 70. (show flow direction)
*Approximately 0.96 acres of associated protected riparian buffers will
be impacted by the proposed project.
1
-The site was currently developed as a commercial facility in the early
1970's and is currently zoned by Wayne County as "HI" (Heavy
Industry). The applicant is proposing to redevelop the site to include
highway-related businesses allowed under the existing zoning.
-This is an aerial photo showing:
-the existing development on the property (buildings, parking,
storage areas);&
-the modified stream that is proposed to be piped
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;Here is a view of the modified stream that is proposed to be piped from Hwy
581 looking downstream towards the project area.
The stream if flowing away from you.
;Note the small fringe of woody vegetation, grass and adjacent buildings.
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*As stated previously the applicant is proposing to pipe and fill
approximately 570 feet of modified stream (located here) and remove
0.96 acres of vegetated buffers.
•A gas station and fast food restaurant are proposed for the site..
*The applicant has proposed stormwater controls in the form of a
constructed wetland that will treat stormwater run-off from the entire
project area and 0.41 acres of offsite impervious surface.
-The applicant will also have to make a payment into the Wetlands
Restoration Program to meet the nitrogen load removal standards
required under the Neuse River Basinwide Stormwater Requirements.
6
EXISTING CONDITIONS
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-The project area and along the modified stream currently consists of
over 60% of impervious surface (buildings and parking areas).
*The stormwater runoff from these areas is currently not being treated.
• Only a small fringe of woody vegetation (shown here in green) exists
along the modified stream.
-The remainder of the 50-foot buffer consists of grass (shown here in
blue and pink) and impervious surfaces (buildings and gravel parking
lots).
-The grassed areas are highly compacted and allow for very little
infiltration and treatment of stormwater runoff.
-This is a photo of a portion of the mitigation area. (Point out the location of
the stream.) This area represents the majority of the area proposed for
mitigation. The restored buffer will treat stormwater runoffcurrently has little
to no treatment. I l
The Division staff believe that the following conditions should be
added to the variance if approved.
•A buffer restoration plan pursuant to 15A NCAC 02B .0242 that
includes the restoration areas proposed within the applicant's request
shall be approved by the DWQ prior to impacting the stream or buffers.
*A stormwater management plan including the constructed wetland
proposed within the applicant's request shall be approved by the DWQ
prior to impacting the stream and buffers.
-The applicant shall receive any required 401 Water Quality
Certifications prior to impacting the stream.
The Division Staff believe that the project will result in improved water
quality and recommend the approval of this variance request with these
conditions.
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MITIGATION
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*The applicant is proposing to restore 2.45 acres of buffers along
adjacent modified streams and tributary ditches (located here) to
mitigate for the 0.96 acres impacted buffers. L.,)I,c
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
- Division of Water Quality
Consideration of a Request for a Major Variance from the
Neuse River Riparian Area Protection Rule
HWB, Inc. "Rosewood Industrial Park", Goldsboro, Wayne County, NC
February 12, 2003
A request has been received for the Water Quality Committee to grant a variance from the Neuse River riparian area
protection rule (15A NCAC 26 .0233) for the HWB, Inc. "Rosewood Industrial Park" project. The project is located south
of the intersection of Hwy 70 and 581, west of Goldsboro.
The applicant, HBW, Inc. (Mr. David Weil, vice president), is proposing to pipe and fill approximately 570 feet of an
unnamed modified stream within the Little River (WS-IV NSW) watershed. The subject stream begins west of Hwy 581
drains through the property and across Hwy 70. Approximately 0.96 acres of associated protected riparian buffers will be
impacted by the proposed project.
The project area and along the modified stream currently consists of over 60% of impervious surface (buildings and
parking areas). The stormwater runoff from these areas is currently not being treated. Only a small fringe of woody
vegetation exists along the modified stream. The remainder of the 50-foot buffer consists of grass and impervious
surfaces. The grassed areas are highly compacted and allow for very little infiltration and treatment of stormwater runoff.
The site was currently developed as a commercial facility in the early 1970's and is currently zoned by Wayne County as
"HI" (Heavy Industry). The applicant is proposing to redevelop the site to include highway-related businesses allowed
under the existing zoning.
The applicant has proposed stormwater controls in the form of a constructed wetland that will treat stormwater run-off
from the entire project area and 0.41 acres of offsite impervious surface. The applicant will restore 2.45 acres of buffers
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
along adjacent modified streams and tributary ditches to mitigate for the 0.96 acres impacted buffers. Finally, the
applicant will make a payment into the Wetlands Restoration Program to meet the nitrogen load removal standards
required under the Neuse River Basinwide Stormwater Requirements.
Recommendations and Preliminary Findings:
1. The Division Staff believe that the applicant's request has met all of the requirements ((identified within 15A NCAC 2B
.0233(9)(a)] for granting a variance.
2. The Division staff believe that the applicants are proposing sufficient nitrogen removing stormwater controls to
compensate for the loss of the nutrient removal functions of the impacted buffers.
3. The Division staff believe that the applicants are proposing sufficient buffer mitigation to compensate for the loss of
the riparian buffer.
4. The applicants are also proposing a payment into the Wetlands Restoration Program for nitrogen off-set payments
required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235).
5. Additional Conditions - The Division staff believe that the following conditions should be added to the variance if
approved.
a) A buffer restoration plan pursuant to 15A NCAC 02B .0242 that includes the restoration areas proposed within
the applicant's request shall be approved by the DWQ prior to impacting the stream or buffers.
b) A stormwater management plan including the constructed wetland proposed within the applicant's request
shall be approved by the DWQ prior to impacting the stream and buffers.
c) The applicant shall receive any required 401 Water Quality Certifications prior to impacting the stream.
The Division Staff believe that the project will result in improved water quality and recommend the approval of
this variance request with the conditions listed above.
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236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-'5820
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January 28, 2003
DWQ Project No. 03-0065
Wayne County
HWB, Inc.
Attn: Mr. David Weil, Vice President
106 E. Walnut Street FIL E Copy
Goldsboro, NC 27533
RE: Tar-Pamlico Buffer Rules (15A NCAC.0259) Major Variance Request
"Rosewood Industrial Park" Redevelopment Project, Hwy 70, Goldsboro, NC
Little River [03-04-06, 27-57-(20.2), WS-IV NSW]
Dear Mr. Weil:
On January 22, 2003, the NC Division of Water Quality received your request for a variance from the
Tar-Pamlico Buffer rules (15A NCAC 213 .0259) for the subject property. This request is on the February 12,
2003 agenda of the Water Quality Committee of the N.C. Environmental Management Commission (EMC)
starting at 12 noon. The meeting is located in the Ground Floor Hearing Room of the Archdale Building,
downtown Raleigh, NC. I strongly suggest that you and your consultants be available at the meeting to answer
any technical or background questions that the Committee members may have. More information on the EMC
can be obtained from the following web site; http://h2o.enr.state.nc.us/admin/emc/.
Please call me or have your consultants call me the day prior to the meeting at 919-733-9726 to
confirm your attendance and to allow me to advise you of any potential changes. Please call if you have any
questions or would like to discuss this matter.
Sincerely,
Bob Zarzecki, ESIII
Wetlands/401 Unit, DWQ
Cc: Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
DWQ Washington Regional Office
File Copy
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E.,
Division of Water Quality
401 Wetlands Certification Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621
919-733-1786 (phone) 919-733-9959 (fax)
•
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
WETLANDS/ 401 GROUP
UPI March 3, 2003 MAR 0 1 2003
DENR-DWQ USACEVAJR QIALITY SECTION
Wetland Group Attn: Mr. William ld ecom
Attn: Bob Zarzecki 107 Union Drive, Suite 202
2321 Crabtree Blvd., Suite 205 Washington, NC 27889
Raleigh, NC 27604
401 ISSUED
Dear Mr. Zarzecki and Mr. Biddlecomb:
The purpose of this correspondence is to request a Nationwide Permit 18 and
associated 401 Water Quality Certification on behalf of HWB Inc., Mr. David Weil,
president.
In August of 2002 I met on-site with Bob Zarzecki of DWQ to evaluate the area
and have met and/or discussed the project with him a number of times since then. Prior
to that Mr. Bill Biddlecomb of the USACE visited the site. A tear sheet was issued by
Mr. Biddlecomb and I discussed the project with him by phone. I realize that Mr.
Biddlecomb no longer handles Wayne County, but based on past involvement felt this
should go to him initially prior to passing it along to Scott Jones.
The project is located due south of the intersection of Hwy 70 and Hwy 581 in
Wayne County, just east of Goldsboro, NC (see Figure 1). The site is currently
developed and contains numerous metal buildings and impervious parking areas. Figure
2 is an aerial photo of the entire property owned by HWB Inc. and specifies the area
where the proposed buffer and stream impact would occur and the proposed on-site
buffer mitigation areas. Also enclosed is a photo of the "ditch" and adjacent buffer area
that is proposed to be impacted. The photo shows views from Hwy 70 (Photo 1). As you
can see there is very little forest vegetation adjacent to the feature. Figure 3 indicates the
existing woody vegetation, grass, and existing impervious area adjacent to the ditch and
also has a breakdown of buffer and stream impacts. Even though the vast majority of
buffer impacts (0.76 acres out of 0.96 acres) are to grass areas the client proposed to
mitigate on-site at the required 3:1 ratio for Zone 1 impacts and 1:5 for Zone 2 impacts
by restoring forest vegetation to areas currently occupied by either grass or gravel
parking areas (see Figure 4).
While we concur that the proposed feature to be impacted "scores" high enough
to be classified as a stream by current DWQ and Corps criteria, we would like to point
out the soils present on-site adjacent to the ditch according to the soils survey are the
Craven soils series. Such soils are described by NRCS as moderately well drained
upland soils on rounded sides of divides. Therefore, it is unlikely that a natural stream
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Office:
622 Coon Mountain Lane
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (828) 635-5820
existed in the area. Rather the channel was probably dug historically to drain the poorly
drained Rains soils that are present west of Hwy 581.
Figure 5 shows the proposed redevelopment plan for the site, which indicates an
approximate location of a Stormwater wetland for treatment of Stormwater generated at
the proposed redeveloped area. Currently there are no redevelopment plans for the
remainder of the site. However, since the site lies within Wayne County's jurisdiction, if
the balance of the area were redeveloped, compliance with the Neuse River Nutrient
Removal Standards will be required. A preliminary Stormwater management plan for the
site by S&EC dated 12/20/2002 and the required Extended Wetland Worksheet were
previously submitted to DWQ.
The following list demonstrates the justification for permitting:
Practical difficulties, hardships and uniqueness-
Much of the site contains existing impervious surface (1.84 acres out of
2.99 acres) that currently requires no treatment of its Stormwater.
2. Even the grassed areas adjacent to the ditch are compacted and allow very
little infiltration (behaves like impervious).
3. The ditch bisects the property making major highway road frontage
required for such a redevelopment as proposed impossible.
4. The area of the site is zoned "HI" Heavy Industry by Wayne County, the
proposed redevelopment is allowed by this zoning.
5. The site was originally developed in the very early 1970's.
Water Quality will be better protected if the permit is issued because none of the
following will occur if the permit is not issued.
1. DWQ typically requires treatment of Stormwater only for new impervious
surface on a site. The proposed plan will treat the entire 2.99 acres on-site
and .41 acres of offsite impervious surface. Currently 1.84 acres on-site
and .41 acres offsite is untreated.
2. The existing ditches on-site have very little to no woody buffer adjacent to
them. If approved 2.45 acres of woody buffer will be restored along the
ditches as shown in Figure 2 and Figure 4. These buffers will treat run off
from existing impervious surface as well as preserve them into the future.
Since there is existing impervious surface adjacent to these ditches the
owner is not only restoring a buffer but also giving up the right to continue
to use the areas for parking, storage, and driveways.
3. Even after doing all of the above the client will still have to pay into the
WRP to meet the nitrogen load removal standards required under the
Neuse River Basin-Nutrient Sensitive Waters Management Strategy:
Basinwide Stormwater Requirements. Based on preliminary evaluation
this could be up to a $9200.00 offset payment.
Based on my phone call with Mr. Biddlecomb, he stated that no stream mitigation
would be required by the Corps. The Neuse Buffer variance issued by the NC-EMC
determined the proposed Stormwater wetland and buffer restoration to be adequate with
no additional stream mitigation required.
Please call if you have questions or need further information in order to issue the
Nationwide Permit and associated 401 Water Quality Certification.
Sincerely,
Kevin Martin,
President
08/26/2002 11:54 9198469467 S&EC rHVG Vc
Address:
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www,SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
oil & Environmental Consultants, PA
10 ID R d e Road - Releigh North Caroline 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
Po 3 ox voL3 C-sb?sbcR-o I NC 1-1<53
Phone: 5 l 9 -13 q- -1 I l l Ca41 7,3
Project Name/ Description: 70
Date: k c, TtD t yO O'7.
The Department of the Army
U.S. Array Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
11 Qo %
Attn: I ` A d'ol e Lp W?
Field Office: ?U o. i v. o??A I?f L
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current 12ropaU owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
sup lemental information in support of applications, etc. from this day forward. The 7-(Pftd-. - day of
s?.s?S? -voov.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
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Print Property Owner's Name Property Owner's Signature
cc: Mr. John Dorney cc: Mr, Kevin Martin
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604 blank agent auth form. doc
ChUL411s O ice: Greensboro Office: Hick= office;
236 L.ePbiilip Court. Suite C 3817-E L.awndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsvilie, NC 28681.
Phone (704) 720.9405 Phone: (336) 540-8234 Phone (828) 635-5820
Fax; (704) 720-9406 Fax. (336) 540-8235 Fax: (828) 635-5820
Name: H W S 1_ k e-
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
n
Action ID: County: YlL HY.
. /U
Notification of,hirisdictional Determination
Property owner/Authorized Agent v .
Address ?. o 3
-2 06
is '2 -7 5.3
Telephone Number- 2 31 Size and Location of Property (waterbody, I liglM l\ Mamie nUntber, town, etc.)
0?7 s,61 a,2
Indicate which ofthe ,'ollowing apply: ?f•????y ?' i?,e L•44e ? /.
• There are etlands on the above described property whirl we strongly suggest/should he
delineated nd surveyed. Tic sur\eNcd \?ctl-nd lilies must )e verified by our stain before the
Corps will iakc a final jur Sdictional dctcrn nation 011 your )rope rty. f
• Because of the s' e of your property ar our present worklc td, our ide tificatio and define ion
of your wetlan s cannot be accom ished in a timely fanner. You' may ish to em oy a
consultant to o tain a more timely d lineation of the e ands. Once your co sultant h flagged
a wetland lin on the property. C• )rp, ,tatf will reyi w it. and if it'is curate, w strongly
recommend t at you hayc the I'll sur\e?ed fur final pproyal by the Co . The Corps will riot
un our prop rty \\ ititout an approved survey.
make a final urisdictiunttl deters n;it
on .\
O The wetlands on your lot hayc hcen Liclrneated, and the limits of Corps jurisdiction have been
explained to you. I:mess there r, a -hang: in the la%? or our published regulations, this
deten-nination may be relied upon for a pk•riud not to exceed 4tree-years from the date of this
notification. ? se,< /_,%? &((U .6 Cp.,, e)
• There arc n > wetlands present )n the ahoyc do cribed property w ich are subje- to the nrrit
requiremet s of Section 404 o the Ck-lin \\ at r Act r I'SC' 13 4). (jnless t e is a c nge in
the law or our published -eg lotion,. this sic •rntination nta? b elied upon Or it period not to
exceed th ec years front the d to of this notiti •ation. '
• The proj ct is orated in one ( the 'U (irli l aunties/ts u should,'COn et the neStine
Office of Coa al Managto dcterutin ir MILIlrentc Pl
acement of dredged or fill material in %\ctlands on thi" property without a Department of the Army permit
is in most cases a violation ol• Section 01 ul'the ( le;ut \\ titer Act t 3 ; USC 1311), A permit is not required
for work on the property restricted cntircl\ to c??,tnlL hlgh ground. If \ou have any questions regarding the
Corps of Engineers regulatory program, please contact
Property owner/Authorized A?_,cnt St gnatUrc
Project Manager Signature_
Date 1•sp1ratiort Date
SURVEY PLAT OR FIELD SKI•:" VII O1• DESCR1BVI) 111MI'1?RTY AND THE WETLAND
DELINEATION FORM NIVS 131'A T \( 111-.1) V O l (II: (FILE) COPY OF THIS FOWN1.
ISx'r AW 92 Fornt 566
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to tbis project, please enter ivot Hppncaoie or IN f+ .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. David Weil
Mailing Address: HWB Inc.
106 E. Walnut Street
Goldsboro NC 27533
Telephone Number: 919-734-1111 Fax Number: 919-734-0877
E-mail Address: dweil"a weilent corn
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. Kevin Martin
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: kmartin?a sandec com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Rosewood Industrial Park
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
4. Location
County: Wayne Nearest Town: Goldsboro
Subdivision name (include phase/lot number): Rosewood Industrial Park
Directions to site (include road numbers, landmarks, etc.): Site is adjacent to and due south
of the intersection of Hwy 70 and 581. West of Goldsboro (see Figure 1).
5. Site coordinates, if available (UTM or Lat/Long): Lat: 35° 25' 30' Long: 78° 03' 55"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 3.4
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of the Little
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing site is developed containing buildings _ and parking
areas Adjacent property is commercial to the north residential to the west and agricultural
to the south and east (see Figure 2).
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: Project
will be redeveloped into a Gas Station/Convenience Store and Fast Food Restaurant using
typical construction equipment
11. Explain the purpose of the proposed work: Allow use of Hwy 70 frontage for
redevelopment of commercial property.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The USACE visited the site and issued a,JD tear sheet on 6/20/01 (copy attached from William
Biddlecomb) ID #200110877. The EMC issued a major variance to the Neuse Buffer rules for
the project during their February 2003 meeting of the Water Quality Committee.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None likely since remaining jurisdictional areas are being preserved and/or restored as part of the
buffer variance May need to maintain or widen 2 existing road crossings at the most.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 13
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Fill/Piping of 570' of modified
(channelized) stream (see Figure 3)
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nn,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at ham://ww•%v.fema.goy.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: Unknown
confined to channels.
Total area of wetland impact proposed: 570 linear feet (<O.1 acre)
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
( leases ecify)
1 Fill/Pipe 570 UT Little River 7.5' or less Perennial
unimportant
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 13
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.ust s.. ,ov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww•w.topozone.coin,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 570'
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
(if Name of Water applicable) body Type of Waterbody
(lake, pand estuary, pound,
bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nu, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):__
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
infonnation related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached S&EC letter.
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm?,,7ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Client will restore 2.45 acres of riparian buffer on-site and will construct Stormwater
control (a wetland) for the redevelopment area and runoff from Hwy 58 and Hwy 70. No
additional mitigation is to be required by DWQ. The USACE (Mr. Biddlecomb advised
Kevin Martin that no mitigation would be required by the USACE for the impact.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 10 of 13
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Page I 1 of 13
Zone* Impact
(square feet) Multiplier Required
Mitigation
l 27495 3 82485
2 14344 1.5 21516
Total 41839 104001 (2.39ac)
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone t extenos an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
On-site restoration - see Figure 4 (2.45 acres)
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
A conceptual Stormwater plan was submitted to DWO previously as part of the buffer variance.
XII. Sewage Disposal (required by DWQ)
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.
On-site septic
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
Page 12 of 13
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
?,- C_ &&I, a (
Applicant/ 'gent' Signature Date
(Agent's signature i only if an authorization letter from the applicant is provided.)
Page 13 of 13
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