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Pebble Bay of Catawba, LLC
C/o Mr. Tamp Bandy
614 North Main St.
Salisbury, NC, 28114
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 6, 2003
DWQ# 03-0436
Catawba County
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. Bandy:
You have our approval, in accordance with the attached conditions, to place permanent fill in 115 linear feet of
intermittent streams and 149 linear feet of perennial streams, to place a boat ramp in 0.02 acre of Lake Norman, and to
impact 1,750 square feet of Catawba Buffers in order to construct the Pebble Bay subdivision in Catawba County, as
described in your application received by the Division of Water Quality (DWQ) on April 11, 2003, and in subsequent
discussions with staff of the DWQ Mooresville Regional Office. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.hc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer
Protection Rule (15A NCAC 26 .0243). In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 4B
.0024]; see NCDOT publication, Best Management Practices for the Protection of Surface Waters (March 1997);
3. The culverts required for this_project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
rw 6
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1 800 623-7748
4. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401iWetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its 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. If you have
any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Tamp Bandy, P.O. Box 224, Newton, NC, 28658
030436
EMORANDUM
John Dorney Regional Contact: _Alan Johnson
Non-Discharge Branch WQ Supervisor: Reex Gleason
Date:
ISUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Pebble Bay S/D County Catawba
Project Number 03 0436 County2
Recvd From APP Region` Mooresville
Received Date 4/11/03 Recvd By Region 5/25/2003
Project Type Residential subdivision 245 units
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. ` Supp. Basin Req. Req.
39 Stream P7 -@N 11-(75) WSIV B & CA 30,832. 0.02 264.00 149.00 115.00
CBR Buffers F"770 N F_?F_F_30,832. 0.04 F_ F_
? r
r
II -F-O Y _0N F_ F_ F _F_ F__ F_ F- ?•1 -
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y f0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 353352 Longitude (ddmmss) 810115
Comments:
cc: Regional Office
Central Office Page Number 1
Triage. Check List
te: (O.0 3 Project Name: ?p g•(g,(? &2,4 <.j h
DWQ#: o3 o43 (o
County: CA16MA
To: ? ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
MRO Alan Johnson ? WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: _ nin vanes @?A W" Telephone : (919) 73 3 .S-76
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted
Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
IX4 Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond fill ` ,.
? _ Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments:
April 8, 2003
U.S. Army Corps of Engineers NC Division of Water Quality
ATTN: Mr. Tim Smith Attn: Mr. John Dorney
151 Patton Avenue, Room 208 2321 Crabtree Boulevard, Suite 250
Asheville, NC 28801-5006 Raleigh, North Carolina 27604-2260
/r.
dA4h
RE Pebble Bay Subdivision (+/-489 Acres) +/;''.?,
Denver, Catawba County, NC'
Mr. Chapin and Mr. Dorney.
??AiQ
The purpose of this PCN application is to request authorization under Nati; e Per 39 for
residential development. Additionally, authorization (buffer rule certification) "t 1' yiested for impacts
associated with a Community Boat Ramp and dock access. Authorization for 115 ?ifeet of impacts
for Phase I of the project was issued by the Army Corps under Action ID 200330381)fJ impacts
associated with the entire project are accounted for in this PCN. No additional future i pacts are
anticipated for the entire project.
Proposed site alterations:
The land developer proposes the construction of 245 residential homes, a community clubhouse and
storage area, and a community boat dock. Impacts include two road crossings totaling 264 linear feet of
impact (less than 150 If important stream impacts and 115 intermittent, unimportant previously Corps
permitted stream impacts) to access high ground. Construction of a community boat ramp for access to
the lake is also proposed for construction. Buffer impacts will be limited to a single boat ramp with
maximum width of 15 feet Pedestrian access to the boat slips will be in the form of a boardwalk with
minimal impervious areas.
Mitigation:
The site plan and lot layouts have been designed to avoid impacts to regulated waters and wetlands to
the maximum extent practicable (less than 3% of channels to be impacted on entire site). Existing,
perched culvert at impact I location to be removed and replaced with culvert below grade to allow for
passage of aquatic life. The remaining channels and wetland areas will not be impacted and have been
located within 147 acres of common open space (buffers).
Sincerely,
Tamp Bandy
Newton Off/ce
PO Box 224
Newton, NC 28658
828,-465-13035
828465'3050 Fax
www.wndnc.com
Cyde Off/de
217 Paragon Parkway, # 142
Clyde, NC, 28721
828."627 -,0051
828,6627 0052 Fax
www.wndnc.com
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' '081101' 0.00" W' I 1 1 1081 a 00 0.00" W
Name: DENVER Location: 035e 33'40.8" N 081e 01'01.6" W
Date: 4712003 Caption: Pebble Bay Subdivision
Scale: 1 inch equals 2000 feet Catawba County, NC
Copyright
UAN-29-2003 07:34 FISHER COMPANIES
WMI
Wetland and Natural Resource
Conoultant3, Inc,
Department of the Army
Witm;ritton District, Corps of Engineers
Attn: Ken Jolly. Chief Regulatory Division
PQ BOX IM
Wllmingron. North Carolina, 25402.1890
-and-
NC Division of Water- Quality
Arts John Dorney
2321 Crabtree Blvd.
Raleigh, North Carollna, 276042260
I, the current Iandawr?er of the property Identified bclgw, her 6y authorize Wetland and
Natural Resource Consultants, Inc to act on my behalf as my agent during the processing of
perrnits to Impact Wetlands and Waters of the US that are regulated by the Clean Water Act
and the Rivers and Harbors Act
Fed" and Sato agents are audwtzed to be on tald propsrty when accompanied by Wetland
and Natural Resource Consultants, Inc, sta.(I:
Wedand and Natural Rewurca Conwltan% Inc. is autharized to provido supplemental
information needed for permit processing at the request of the Corps or DWQ,
PropwV Owner of Record: ?z S.\Q? 2:)-Cq
Address: r 1--? V&
Address: cz?.b V y t 0"a' Cog,
Address:
Phone Number' 1
Property 1„oadon: 12?CCQA
Owners Signature: '
Data ?-
Newton Omoe C" ofte
PO 8c9 224
Newton, NC 28668 22177 Mon Pancw+oy, #I
Mon
828-46S+3035 $20^627"M51
8280-46563050 Fit 828+627;0052 FCM
www.wrtlmoom ww wmntinc.corn
Z8'? 06086448 Z8 OUNM WV sz:60 59-87-NrJt'
TOTAL P.02
P.02
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. ?00330381 County Catawba Quad DENVER
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Pebble Bay of Catawba, LLC c/o Wetland and Natural Resource Consultants, Inc. Attn: T. Bandy
Address: P.O. Box 224 Newton, NC 28658
Telephone No: (828) 465-3035
Zone: 17 UTM or LAT/LONG:.North: 3935651 East: 498386
Size and Location of project (water body, road name/ number, town, etc.) in an unnamed tributary to Reed Creek near
Denver, Catawba County, North Carolina
Description of Activity: Pebble Bay Subdivision. Impacts to waters of the US resulting from Phase I construction
include placement of fill in 115 linear feet of an intermittent unimportant UT to Reed Creek (48-inch CMP).
Special Conditions: (1) Stormwater shall not be discharged directly to waters of the US, inicuding wetlands; (2)
Deed restrictions shall be placed on lots 15, 16, and 17 to prohibit future impacts to wetlands delineated on these
parcels; (3) All documentation for future phases of the Pebble Bay development shall reference Action ID
200330381.
Applicable Law: _`S Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW39 Nationwide Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: February 10, 001
Corps Regulatory Official: Timothy J. Smith Telephone No.: (828) 271-7980 x 8
Expiration Date of Verification: Fehninq 10 1005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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:39
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: ?
5. 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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Pebble Bay of Catawba LLC
Mailing Address: 614 North Main Street
Salisbury, NC 28114
Telephone Number: 704-633-6124 Fax Number: 704-633-7898
E-mail Address:
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: Tamp Bandy
Company Affiliation: Wetland and Natural Resource Consultants, Inc.
Mailing Address: P.O. Boa 224
Newton, North Carolina 28658
Telephone Number: 828-16210A6 30Z - 7Y3,7 Fax Number: 828-465-3050
E-mail Address: wnrinc(a,aol.com
M. 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-
Page 1 of 7
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: Pebble Bay Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 369602963506, 369604749008, 460601164071
4. Location
County: Catawba Nearest Town: Denver
Subdivision name (include phase/lot number): Pebble Bay
Directions to site (include road numbers, landmarks, etc.): from Hwy 16 North, take right on
Denver Road, left on Burris Road (see attached maps)
5. Site coordinates, if available(UTM or Lat/Long): 35133'52"N 81°01'15"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): +/489
7. Nearest body of water (stream/river/sound/ocean/lake): Lake Norman
8. River Basin: Catawba
(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: properties are primarily wooded with different aged communities.
adjacent properties are currently undeveloped, abandoned agricultural or existing Lake Front
residential
10. Describe the overall project in detail, including the type of equipment to be used: the project will
provide 245 single family residential housing lots on +/489 acres and 147 acres in common open
space (see attached site plans)
11. Explain the purpose of the proposed work: Impacts to regulated waters will occur for access to
high ground (steam crossings)
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.
Nationwide Permit 39 issued by the USACE on February 10, 2003 for Phase 1 of the project for
single road crossing of an intermittent channel determined to be unimportant in aquatic function
by the Corps at on-site visit. Total permitted stream impacts associated with the crossing in Phase
1 equal 115 IL The permit application with delineation of phase 1 was submitted to Corps on
January 30, 2003. Copy of issued permit is attached.
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.
This permit request for impacts is for total proposed assemblage of properties and future phases.
No future impacts are anticipated for the Pebble Bay Subdivision.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 2 of 7
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands,
open water, and stream channels associated with the project. The applicant must also provide justification
for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed
herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all
streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are
proposed to these systems. Wetland and stream evaluation and delineation forms should be included as
appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly
for wetland or stream 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: Impacts to waters are proposed for road
crossing access to high ground only. Proposed buffer impacts are for access to Lake Norman
and Community Boat Slips.
2. Individually list wetland impacts below:
Wetland
Impact
Site Number
(on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year
Floodplain**
(yes/no) Distanceto
Nearest
Stream
(linear feet)
Type of Wetland***
?e
n/a
List each impact separately and identify temporary impacts. Impacts include, but are not limited to:
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list
impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the
FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested
wetland, beaver pond, Carolina Bay, bog, etc.) 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: 1 acre
Total area of wetland impact proposed: n/a
3. Individually list all intermittent and perennial stream impacts below:
Stream
Impact No.
(on ma)
Type of Impact* Imapact
Length
(linear ft)
Stream Name** Average
stream width
Before Impact Perennial or
Intermittent?
(please specify)
Impact 1 culvert (road crossing 115 UT to Lake 1.5 ft intermittent
for Phase 1) Norman unimportant
Impact 2 culvert (road crossing 149 UT to Lake 2 perennial
for Phase 2) Norman important
Page 3 of 7
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts
and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include
linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions,
etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the
linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed
tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the
USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and
printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 264
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
No. (on
map)
*
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable)
Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
Impact 3 boat ramp 0.02 Lake Norman Lake
r
List eacn impact separately ana wenttty temporary impacts. Impacts include, but are not limited to: fill,
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.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and financial
viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and
explain why these design options were not feasible. Also discuss how impacts were minimized once the
desired site plan was developed. If applicable, discuss construction techniques to be followed during
construction to reduce impacts.
Impacts have been minimized to the maximum extent practicable. Only 264 linear feet of stream
impacts (less than 150 linear feet to important, perennial channel) out of an estimated 9000 linear
feet of stream channels on the entire project are proposed for access to high ground Impacts
associated with the proposed road crossing in phase 1 (impact 1) have been minimized through
utilization of an existing crossing with an existing perched culvert. The perched culvert will be
removed and replaced with a culvert placed below the stream bed to allow for the passage of
Page 4 of 7
aquatic life. Road crossing in Phase 2 (impact 2) is necessary for access to high ground, and is
required by local government. No vegetated wetland impacts are proposed for the project. Lot
layouts are designed to avoid additional impacts to waters by utilizing existing public roads
adjacent to the project for access. Remaining channels and wetlands on the property will be
preserved in 147 acres of common open space.
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/newetiands/strmgide.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 (acreagellinear 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.
Extensive effort to avoid and minimize impacts are considered a mitigative action.
Additionally, all remaining stream and wetlands are to be preserved in 147 acres of open space.
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:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 5 of 7
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 213 .0233 (Meuse), 15A
NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer
Requirements), or other (please identify Catawba River Buffers)?
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 n/a
2 1.5 n/a
Total 1750 n/a
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 213 .0242 or .0260.
Activities within the regulated buffer are allowable. Boat access ramp not to exceed 15 feet in
width and is minimum width practicable. Pedestrian boardwalk access to boat slips will be
constructed above the ground surface, and will result in minimal impervious surface. No buffer
mitigation requirements are anticipated.
XL Stormwater (required by DWQ)
Page 6 of 7
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.
Impervious area for entire proiect not to exceed 24 percent
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.
individual septic systems
XIIL Violations (required by DWQ)
Is this site in violation of DWQ.Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ?No
Is this an after-the-fact permit application?
Yes ?No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
n/a
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 7 of 7
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Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
11 South College Ave, Suite 203
PO Box 224
Newton, NC 28658
Office Phone: (828) 465-3035 Fax: (828) 465-3050
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:Pebble Bay Subdivision Date: 1-22-03
Applicant/Owner.Pebble Bay Subdivison LLC County:Catawba
Investigator.Tama State: NC
Do normal circumstances exist on the site?Yes Community ID: typical upland
Is the site significantly disturbed?No Transit ID:
(Atypical situation)
Is the area a potential problem area?No No Plot ID:
(If needed, explain on reverse.)
VEGETATION
1. Pinus strobus
2. Liriodendron tulinifera
3. Juniverus vir4iniana
4. Liquidambar sWraciflua
5. Quercus alba
6. Acer Rubrum
7. Toxicodendron Radicans
8. Vitis Rotundifolia
Tree FACU 9. Comus florida
sap, FAC 10. Lonicera iaponica
shrub FACU- 11.
sap FAC+ 12.
Tree FACU 13.
Tree FAC 14.
Vine FAC 15.
Vine FAC 16.
sap FACU
vine FAC-
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 50%
Remarks:
HYDROLOGY
? Recorded Data (describe in remarks)
? Stream, Lake or Tide Gauge
? Aerial Photographs
? Other
? No Recorded Data Available
Field Observations:
Depth of Surface Water: NA(in.)
Depth to Free Water in Pit: ?36(in.)
Depth to Saturated Soil: >36(in.)
Wetland Hydrology Indicators:
? Inundated
? Saturated in Upper 12 Inches
? Water Marks
? Drift Lines
? Sediment Deposits
? Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
? Oxidized Root Channels in
Upper 12 Inches
? Water-Stained Leaves
? Local Soil Survey Data
? FAC Neutral Test
? Other (explain in remarks)
Remarks:
SOILS
Map Unit Name
Project #
(Series and Phase):Pacolet
Taxonomy (Subgroup):typic Hapludults Drainage Class: well drained
Field Observations:
Confirm Mapped Type?
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture. Concretions,
(ins. Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0_2 Al 10YR 4/2 sandy loam
22=7 A2 7.5YR 514 sandy loam
7-10 Btl 5YR 418 Sandy clay loam
10-30 Bt2 2.5YR 418 clay loam
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soil
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List **
? Reducing Conditions ? Listed on National Hydric Soils List
? Gleyed or Low Chroma Colors ? Other (explain in remarks)
Remarks:
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? no
Wetland Hydrology Present? no
Hydric Soils Present? no
Is This Sampling Point Within a Wetland? no
Remarks: typical upland slopes adiacent to drainageways
Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
11 South College Ave, Suite 203
PO Box 224
Newton, NC 28658
Office Phone: (828) 465-3035 Fax: (828) 465-3050
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:Pebble Bay Subdivision Date: 1-22-03
Applicant/Owner:Pebble Bay Subdivison LLC County:Catawba
Investigator:Tamp State: NC
Do normal circumstances exist on the site?Yes Community ID: wetland
Is the site significantly disturbed?No Transit ID:
(Atypical situation)
Is the area a potential problem area?No No Plot ID: Wetland Data Form 1
(If needed, explain on reverse.)
VEGETATION
1. Ligustrum Sinense
2. Comus Amomum
3. Rosa Multiflora
4. Smilax Rotundifolia
5. Toxicodendron Radicans
6. Vitis Rotundifolia
7. Plantus Occidentalis
8. Acer Rubrum
Shrub FAC 9. Betula Nivra
Shrub FACW 10. Salix Nigra
Herb UPL 11. Anus serrulata
Vine FAC 12.
Vine FAC 13.
Vine FAC 14.
Tree FACW- 15.
Tree FAC 16.
Tree FACW
Tree OBL
shrub FACW
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 91%
Remarks:
HYDROLOGY
? Recorded Data (describe in remarks)
? Stream, Lake or Tide Gauge
? Aerial Photographs
? Other
? No Recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: 8(in.)
Depth to Saturated Soil: 8(in.)
Wetland Hydrology Indicators:
Primary Indicators:
? Inundated
® Saturated in Upper 12 Inches
? Water Marks
® Drift Lines
® Sediment Deposits
® Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
® Oxidized Root Channels in
Upper 12 Inches
® Water-Stained Leaves
? Local Soil Survey Data
? FAC Neutral Test
? Other (explain in remarks)
Remarks:
SOILS
Map Unit Name
Project #
(Series and Phase):Wehadkee Drainage Class: somewhat poorly drained
Field Observations:
Taxonomy (Subgroup):Fluvaguentic Endoagueots Confirm Mapped Type?
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins. Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0=8 AAp 7.SYR 4/3 loam
8-12 Btg1 7.5YR 4/2 10YR 5/1 loam
12-30 Bt-q2 10YR 5/1 clay loam
Hydric Soil Indicators:
? Histosol
? Histic Epipedon
® Sulfidic Odor
? Aquic Moisture Regime
? Reducing Conditions
® Gleyed or Low-Chroma Colors
? Concretions
? High Organic Content in Surface Layer in Sandy Soil
? Organic Streaking in Sandy Soils
? Listed on Local Hydric Soils List "
? Listed on National Hydric Soils List
? Other (explain in remarks)
Remarks:
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Is This Sampling Point Within a Wetland? Yes
Remarks:
INTERMITTENT CHANNEL
EVALUATION FORM
Action ID:
Applicant Name: Pebble Bay of Catawba LLC Date: 1-23-03
Proposed Work in Channel (i.e., culvert, relocation, etc): Culvert / Headwall / Rip-Rap (PCN - IMPACT 2)
Impacts not to exceed 150 linear feet
Waterbody: Ut to Lake Norman River Basin:Catawba
County / City: Catawba / Denver
Recent Weather Conditions: Recent ice and snow
P SP NP Observation Comments or Description
® ? ?
® ? ?
® ? ?
® ? ?
® ? ?
? ® ?
? ® ?
® ? ?
? ® ?
® ? ?
? ® ?
? ® ?
® ? ?
? ® ?
® ? ?
fish/ shellfish / crustaceans Crayfish mounds
Benthic macro invertibrates
Amphibians present/breeding salamanders
Algae and/or fungus (water quality functions)
wildlife channel use (ie. Tracks, feces, shells) Racoon, Deer
federal protected species present (discontinue)
riffle / pool structure
Stable streambanks
Channel substrate (gravel, cobble, sand, etc.)
Riparian canopy present (SP =+/- 50%)
Undercut banks/instream habitat structure
Flow in channel
Wetlands adjacent to/contiguous (discontinue)
Persistent pooWsaturated bottom (June-Sept)
Seeps/groundwater discharge (June-Sept)
Adjacent floodplain present limited access due to incised nature of channel
Wrack material or drift lines
Hydrophytic vegetation in/adjacent to channel
P = Present SP = Strongly Present NP = Not Present
Important to Domestic Water Supply? Yes ® No ?
Does Channel Appear on a USGS Quad or Soils Map? Yes ® No ?
Notes:
Determination:
Perennial Channel (stop) Irtt ortant Channel: LF
Intermittent Channel (proceed) Unimportant Channel: LF
Ephemeral Channel (no 'uris.) (attach ma indicating location of important / unimportant channel)
Ditch Through Upland (no juris.)
Project Manager Initials:
Evaluator's Signature:
(if other than C.O.E. project manager)