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HomeMy WebLinkAbout20091048 Ver 1_Application_20091005o ' ?OpwArF90G U('j 0 5 ?SA 2009 R- l1g?a„?----Of??Ntt T?RQUgUTy -iSRg?th ®91®48 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No 2. Project Information 2a. Name of project: Chocowinity Industrial Park 2b. County: Beaufort 2c. Nearest municipality / town: Chocowinity 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: WBS Element Number: 42010 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 105 Pactolus Highway NC 33 P.O. Box 1587 3e. City, state, zip: Greenville, NC 27835 3f. Telephone no.: 252-830-3490 3g. Fax no.: 252-830-3341 3h. Email address: jbjohnson@ncdot.gov Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is ? Agent ® Other, specify: Division 2 Environmental Officer 4b. Name: Jay B. Johnson 4c. Business name (if applicable): North Carolina Depratment of Transportation 4d. Street address: P.O.Box1587 4e. City, state, zip: Greenville, NC 27835 4f. Telephone no.: 252-830-3490 4g. Fax no.: 252-830-3341 4h. Email address: jbjohnson@ncdot.gov 5. Agent/Consukant Information (if applicable) 5a. Name: N/A 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): N/A Latitude: N 35.49073 Longitude: - W 1 b. Site coordinates (in decimal degrees): • 77.11467 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to U/T Of Maple Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C, Sw, NSW Chocowinity Creek 2c. River basin: Tar-Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is existing farmland and woods 3b. List the total estimated acreage of all existing wetlands on the property: 17.159 Acres 3c. List the total estimated linear feet of all existing streams (interm ittent and perennial) on the property: 13382.36' 3d. Explain the purpose of the proposed project: To provide road access to the Chocowinity Industrial Park 3e. Describe the overall project in detail, including the type of equipment to be used: The road will be built with Excavators, Dump Trucks etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the / Corps or State been requested or obtained for this property ? Yes ® No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Tom Colson Other: Froehling and Robertson 4d. If yes, list the dates of the Corps jurisdictional determinations o r State determinations and attach documentation. Site visit = 6/18/2008 JD approval 8/4/08 SAW-2008-02255 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. New project. No prior permits have been issued. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. First phase is to provide road access Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other). (acres) Temporary T W1 ®P ? T Fill ® Yes ® Corps 0.03 ? No ? DWQ W2 ® P ? T Fill ? ® Yes ® Corps .06 ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts .09 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non404, width (linear Temporary (T) (INT)? other) (feet) feet) S' ? P [] T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ 53 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ ? PER ? Corps S6 ? P ? T ? INT ? DWQ 3h. Total stream mid tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December i D, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 0.00 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0.00 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 51b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total None 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts re uire mitigation, then you MUST fill out Secticr: D of this form. 6a. ? Neuse ®Tar-Pamlico ? Other: None Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? ?Yes B1 ?P?T ? No ?Yes S2 ?P?T ? No 63 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Versicn D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Wetland Impacts have been minimized to the extent feasible, with impacts occurring only where necessary to accommodate the road crossing. All stream and buffer impacts have been avoided altogether. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fence placement at the toe of impact areas will be maintained during construction and seeding for the proposed road access. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank E] Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Completed Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes Z No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: None 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: Page 7 of 10 PCN Form - Version 1.3 December 10, 2C08 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ®No within one of the NC Riparian Buffer Protection Rules? 1b . If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a . What is the overall percent imperviousness of this project? N/A Roadway Project % 2b . Does this project require a Stormwater Management Plan? ? Yes ® No 2c . If this project DOES NOT require a Stormwater Management Plan, explain why: Covered by NCDOT Statewide NPDES Permit 2d . If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government' s jurisdiction is this project? Chocowinity ? Phase II 3b . Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ® Other: N/A 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stonnwater Program Reviaw ® Coastal counties ? HOW 4a . Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b . Has the approved Stormwater Management Plan with proof of approval been ? Yes ®No attached? 5. DWQ 401 Unit Stormwater Review 5a . Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b . Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1 300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered 'es" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. All future development and permitting will be handled individually by Beaufort County. Beaufort County will be submitting permit applications simultaneously with the submittal of this application. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discha rge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or 1:1 Yes ®No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ®No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? On-Site Habitat Investigation 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? On-Site Investigation 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Maps Jay Johnson cl e Sept. 24, 2009 t? l I Applicant/Agent's Printed Name pli a t/Agent's 'g ture Date (Agent's signatur 16, valid o y if an autho z on letter from the applicant is rovided. Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ?U Action Id. SAW-2008-02255 County: Beaufort U.S.G.S. Quad: Hackney NOTIFICATION OF.IURISDICTIONAL DETERMINATION Property Owner/Agent: Beaufort County c/o Paid Spruill ?Ib Address: 121 West 3rd Street Washin-ton. NC 27889 Telephone No.: 252-946-0079 Property description Size (acres) 270.5 acres Nearest lbwn Chocowinitv Nearest Waterway Maple Branch River Basin, Tar-Pamlico USGS HUC 03020104 Coordinates N 35.491280 W -77.114496 Location description 270.-504 acre tract located On I1i2hw1v 17 South across from Hardin! Road south of Chocowinitv. Beaufort County. North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final. a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). Q. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Watcr Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 o(the Clean Water Act (CWA)(33 USC 3 1344). Unless there is a change in the law or our published reeulations. this determination may be relied upon for a period not to exceed five years from the date of this notification. We sIronely suggest you have the wetlands on your property del inented. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction ofall areas subject to CWA jurisdiction on your property which, provided there is no change in the la%v or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signets by the Corps Regulatory Official identified below on 8/4Q008. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (C.AMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6431 to determine their requirements. Page I of 2 Action Id. SAW-2008-02255 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Ifyou have any questions regarding this determination and%or the Corps regulatory program, please contact David L. Shaeffer at 252-9751616 est. 30. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and is adiacent to Maple Branch a tributarv of the Pamlico River. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. ahove) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CPR part 33 L Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. I r you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:David L. Shaeffer, Project Manager, Washington Regulatorv _ Field Office Post Office Box 1000 Washington, North Carolina 273,90 In order for an RF'A to be accepted by the Corps. the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CPR part 331.5. and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 0 [0/04/2008. "It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Date 08/04/20118 Expiration Date 08104/2013 The Wilmington District is committed to providing the highest level orsopport to the public. To help its ensure we continue to do so. please complete the Customer Satisfaction Survey located at our websitc at http?(/rc,+ulatorv.usacestirvev.com/ to complete the survey online. Copy furnished: Mayo & Associates. P.A. Attention: Martin Mayn Froehling & Robertson, Inc. Attention: Tom Colson Page 2 of 2 x z ff uum+u+*r _ ?? . m wwveu? THE YIOOTENPDM1II'A4Y M14rv.4 ACME Mapper 2.0 - 1.2 mi SxSW of Chocowinity NC Page 1 of 1 Map data 02009 Tale Atlas - Terms of Use http://mapper.acme.com/ 9/17/2009 ACME Mapper 2.0 - 1.2 mi SxSW of Chocowinity NC Page 1 of 1 Imagery by USGS / Service by TerraServer - Terms of Use http://mapper.acme.com/ 9/17/2009 i 2 3 _TW Y Cwfn wrr ?Y €r It E €4I I I•? WETLAND STREAM AND F•a•• I ... _,Y, 1V' I x'eNSia:s THE woom CDMPPM' RIPARIAN BUFFER IMPACTS ('lA "'tW - MA mNL-'Z oy o ? QL x r _ ° nO ^ fTl C) ' nz?nio 7 ; - ??O?OZN S S V L ^ O m z npln D z ,n Z O O x o o y z p ? n ?O?m?-m _ r A ? mA NC? < ti o Z /I I D N Z In O C, F o a o Z O Z O NZ? OCZ ¢ n O O f n O m y z n A n m v`^ ' , OA T Z on m 0 O ?mmy31 m Z < N m Q H > m m O > C, o m z A O m O Z Z o m 0 0 n r o A O O I A O I ? 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Vy I O?VI II 11 .-m-I?cn of U o n I 1 °i I,' WAD o i r m m 1 I 1 I mn o A 2 N n O O 5 n e R • ivvN or pwiuvlxl*r Pervvxs $ g? f • R • BCFUfOPi Cp. INDUSTRIAL PPPY Y . THEWBBIENCBMPAN7 8 WETLAND STREAM AND n E E ; RIPARIAN BUFFER IMPACTS 9'"'^^I"^^^ O?O? W ATF?OG ? -i cl Y Jant!an 17. Thomas Colson. C PLGISP.PhD. Proehling & Robertson. Inc. ,10 1lubert Street Raleir_h. NC 27603 Subject Property: Beaufort County Industrial Park; Chocowinih. NC ITT to Maple Branch. Tar-Pamlico Ricer Basin DWQ Project= 2008-0142 Beaufort Counn On-Site Determination for Applicability to theTar-Pamlico River Riparian Area Protection Rules (15A \CAC 2B .0259) Dear Mr. Colson. On September 36. 2007, and December =L 2007. 1 conducted on- he determinations to rep: iew drainage features located on the subject property for applicability to the Tar-Pamlico Riparian Butler Rules i I5A \CAC _LB 0259) The pmpertis located on the nest side of \C f11V?' 17- ac,nss loom Flar.!im1 Road i SR 11 i11, ;oath of Chocom)inity. The feature is labeled as "_008-0142" on the attached map initialed he me on Januan- 17, 20(18 The Division of Water Quality (DWQ) has determined that the portions of the features that are highlighted in blue on the attached map is Suhiect to the Neuse Buffer Rules. The portions of the features highlighted in pink on the attached map are Exempt from the Neuse Buffer Rules. This teatttre should be identified on am• fume plans for this prone-i%. The oti%ncr for fu!urc omvr.ers) should notiil the DWQ (and other relevant a_encies) of this decision in an tenure correspondences concerning this property. This determination pertains to the subject properi only. 1his on-site determination shall :xvire t1w 15) curs :room the date of this letter. Landowners or affected parties that dispute a detertination made by the DWQ or Delegated Local Aluharin that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request .'or a determination by the Director shall be relcrred to the Director in writing c.'o Cyndi Karol. DWQ Wetlands/401 Unit. 2321 Crabtree Blcd.. Raleigh. NC 27601-2260. Individuals that dispute a deterrninadon b the DWQ or Delegated Local Authoritn that "exempts" a suriace water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that %ou recei%e this letter. Applicants :Ire hereby- notified that the 60-day statntorv appeal time does not start until the allcctcd party (includin_ downstream and adjacent landowners) is notified of this decision. DWO recommends that the applicant conduct this notification in order to be certain that third part. appeals are made in a timely manner. Senh Carolina D"won urwatn Quality Ir.?mer h[c em sme rc us 943 -%,biu non $4uuc>111I Phorc: 25'-,)46-ry491 ,,Vbhineten, NC "SKI) FAX 25-1-9,16-92IN a'_Caal C:"v?¢n;:<;Cra::z A= -.0 yer-ig%Recr: Ed:!-'- --s: r?goer %10c e! F. [:n lee. Gnrmor `.t illiam G. Re,s J:. N creun' N,th l'moimo tl:;nuu cot ..r Gm irmma:a :ad Natural Rcwunc? l: clle<n Sullim. nirccav Dnumn of 9'ater Quality One NorthCaroina Fo ask for a hruine, send a %critten petition. ?chich corilorns to Chapter 140B of the North Carolina General Statutes to the Oliice of.Administrative Henrir.gs, 6714 MaiI Sern'ice Cemer. Raleigh. N.C. 37699-6714. Phis determination is final and binding unless you ask for a hearing within 60 daes. This letter only addresses the applicabi;:1% to the buffer rules and does not approve an}' activity within the buffers. Nor does this letter approve an}' activit% within Waters of the ("sited States or Waters of the State. If y0u have am additional questions or require additional infomtation pteasc call me at (353) tt43-;930. Sirccrch. r? Chris Pullinger. Em ironrnentaJ Specialist DWQ(%VaRO \t ctlands ( 401 Unit Enclosures: copy of 1 ^1.000 Neale i;SGS topographic map, I lacknev auadranule rater of map 1'-, 1995 version of the Beaurorl County Soil Sur:ey cc: D%VQ WaRO DLQ WaRO 401 Central Office Central Files l3ca1fort County Planning Department Filename: 2008.6112 ? ,•. - ?.i? taon /.;? :e "? ? +?` Sta i e_ ? •?ti= - ; ' a . ? ..? .t _ ., r rm / `tTrinity'? s n ti u ? ?; f;?rk •,, •?s I I5'! t / l 1 r J 1141 aIina vironm al\ 1 tgh Sch 4^? f I "~ C t • t f W JI l a er ' f 3y O BuDr -n 711 1 L -F-f 1 1 1 MIA 52 -aw y \ I -• f o ? . .k47 ,sue- rCedar•Grozve? is m 9 to l l j ; 17 1 H .-? r IISO s- { r4 v ?___ r - XEM?( f, 0/ zz" I-N ce, $rs r 0 ? o •` ? i ' '' °? " ? \ ? x/80 , ?. ?'" -ISM 52 0 ' - C•'' ?, 45 ?--_J ? CbpfngM (C,1997. Maooch,1 c M M119v 'U. S. DEPART,*IF„IT OF AORICIII.TURE SOIL CONSERVATION SERVICE L= c,a `.. ,t Cth CI'9 4 a /j? ? z.a S c ei 1 (Y\ ?' Y? Q ps y_ r J j f fl. lY -' 1 'Uq't? 'Al .Ll Y Cr. Y y =i .?? • 1 CIE t ,. 71 ba, K - ? .. It ?' 1 L?Gw I T.. w? a ? J ? G- orq r ! ?? q c.E ?1 (y Cm a f ny j. u9 Stn Yr 3 Lty? {/ • 6? :i t 4Y `Vt`? ri l 4 o pO" +,??? `. oon r r?, 1. ! ( W£'1 ?J ? f t-k i c3a s{Y. lc?? :/ f,? o ? ?.:Y, 1'i SINCE 0 F FROEHLING & ROBERTSON, INC ?A GEOTECHNICAL ? ENVIRONMENTAL ? MATERIALS K ENGINEERS * LABORATORIES "OVER ONE HUNDRED YEARS OF SERVICE" 310 Hubert Street 1881 Raleigh, North Carolina 27603 Telephone: (919) 828-3441 Fax: (919) 828-5751 December 17. 2007 Beaufort County Manager c/o Patt Crissman The Wooten Company 120 North Boylan Avenue Raleigh, North Carolina 27603 Re: Informal Raze & Endangered Species and Cultural Resources Survey Chocowinity Industrial Park Beaufort County, North Carolina F&R Project No. J66-5123E Dear Ms. Crissman: Froehling & Robertson, Inc., (F&R) presents n- therIts of the informal rare & endangered species and historical resources survey cted at the above mentioned site located in Beaufort County, North Carolina (see Figur" hments for location). zq? E UNIMARY The following is a summary dings and is not intended to replace more detailed information contained else ere in is Yeport. Based on F&R's informal assessment, raze & threatened and endangered species or their designated critical habitat (see NC DENR -Natural HEAWUARTERS: 30'5 DUMBARTON ROAD . BOX 27524 • RICHMOND, VA _3261-7526 TELEPHONE?K4) 254--,701 FAX 1904)25412 wnw.FaxR.mm BRANCHES: ASHEVILLE, NO • BALTIMORE, MD • CHARLOTTE. NC • CHESAPEAKE. VA CRO=, VA • FAYETTEVILLE, NO • FRECERICKBURG, VA GREENVILLE, SC • HICKORY, NO • RALEIGH, NC • ROANOKE, VA • STERLING, VA endangered species, and/or hist sources are not mapped at or adjacent to the project site. Letters of request for concurrence ave been received from the appropriate State agencies. The North Carolina Department of Environment and Natural Resources -Natural Heritage Program has found that the proposed project site is not likely to adversely affect federally or state listed Heritage Program Review Form in attachments). The North Carolina State Historic Preservation Office (SHPO) as well as the North Carolina Office of State Archaeology (OSA) had no comment on the development as proposed (see SHPO Review Form and Letter in attachments). F&R did not perform a detailed field study for rare & endangered species or an intensive historical resources survey, including an archaeological assessment. fs SCOPE OF WORK The informal rare & endangered species and historical resources survey was conducted in accordance with F&R's Proposal No. 0866-714GE, dated August 22, 2007 (revised October 26, 2007), and consisted of two phases: (1) data gathering phase and (2) general site observations. F&R did not perform a detailed field study for rare & endangered species or an intensive historical resources survey, including an archaeological assessment. GENERAL SITE CONDITIONS The project site is irregular in shape and is located along the western side of US Highway 17, just across from the intersection of US Highway 17 and SR 1150 near Chocowinity, in Beaufort County, North Carolina. A site location reap adapted froie USGS 7.5 Minute Topographic Quadrangle Map "Hackney, NC" Dated 1988 is inch The project site consists of mostly agricultural d wooded areas, along the northern property bo dary of the site. A railroad bisects the project site dirt road bisect the site from east to w cure No. 1 in the Attachments. clear-cut areas with some the central and southwestern portions south and a natural gas pipeline and SURVEY F&R visited the North Carolina De?fartment of Environmental and Natural Resources (DENR) - Natural Heritage Program Workroom on November 28, 2007. Based on F&R's review of the 7.5 - Minute USGS Topographic Quadrangle Map "Hackney, NC" and the supporting literature available in the Natural Heritage Program Workroom, the project site is not located within an officially designated wilderness area or wildlife preserve. In addition, listed or proposed listed threatened species, or listed or proposed endangered species, or designated critical habitats are not mapped at the project site. A review form was signed by Mr. Harry LeGrand of the Natural Heritage Program stating that the proposed project site is not likely to adversely affect federal or state listed threatened and endangered species or their designated critical habitat (see NHP Review Form in Attachments). Choccn,muro lndu ir.al Park 2 December 17. 2007 Beaufort Coungt North Carolina F&R Profe,t Vo J66-5123E CULTURAL RESOURCES REVIEW F& F&R visited the North Carolina State Historic Preservation Office (SHPO) on November 28, 2007. Based on F&R's review of 7.5 - Minute USGS Topographic Quadrangle Map "Hackney, NC" and the supporting literature available at the NC SHPO office, the project site is not currently listed on the National Register of Historic Places (NR) nor determined eligible for listing (DOE) on the National Register of Historic Places. Furthermore, the project site is not on the Study List for the National Register (SL) nor does the project site have a Local Designation (LD). SHPO had no comment on the development as osed with regard to architectural resources (see SHPO Response Letter in attachments). F&R also visited with Ms. Susan Myers of th C ffice of State Archeology (OSA) on November 30, 2007. Ms. Myers and F&R ra Vted theological information that has been mapped within a one-mile radius of the the 7.5 - Minute USGS Topogra c literature available at the NC e mapped within the project to area. property as proposed (see SHP ' e r on Ms. Myers' and F&R's review of Map "Hackney, NC" and the supporting no known archaeological sites are had no comment on the development of the Letter in attachments). CONCLUSIONS Based on F&R's informal assessment, no obvious evidence of rare & endangered species or historical resources requiring additional assessment and/or additional action was revealed in connection with the project site. LIMITATIONS This report has been prepared for the exclusive use of Beaufort County, The Wooten Companv (the client), and others so designated by the client, for this specific project. These services have been provided in accordance with generally accepted environmental practices. No other warranty, expressed, or implied, is made. Chxowiniry lndustrinl Park 3 December 17, 2007 3e cufon County, North Cjmhf a F&d Projecr,Vo J66-:12 73E f? Our observations were based upon conditions readily visible at the site at the time of our visit, and did not include services typically performed during a detailed field study for rare & endangered species or an intensive historical resource survey, including an archeological assessment. If additional information becomes available which may effect our conclusions and recommendations, we request the opportunity to review the information, and reserve the right to modify our report, as warranted. F&R, by virtue of providing the services described herein, does not assume the responsibility of the person(s) in charge of the site, or otherwise undertake responsibility for reporting to any local, state, or federal public agencies any conditions at the site which may present a potential concern to public health, safety, or the environment. It is F& 's understanding that the client will notify appropriate regulatory agencies as required. Please do not hesitate to contact us if you have any sti \c c ents. Respectfully Submitted, FROEHLING & ROBERTSON, INC. f Elias N. Ruhl Environmental Scientist Attachments: Figure No. I - Site Location Map NC DENR - Natural Heritage Program Review Fonn NC SHPO Response Letter Christopher J. Burkhardt Land Planning Manager Chxmvininl lnduatrral?ark d December i7, 2,1007 Beaufort C.nrv. North Carolina F&R Pralecr No J66517-'E THREATENED & ENDANGERED SPECIES REVIEW PURPOSE: NC CERTIFIED SITES PROGRAM Please Print or Type Date Submitted November 23. 2007 PRO.IECr INFORMATION Name: Chaco%%inity Industrial Park County: Beaufort USGS Quad: "Hackney NC' Description: NC Certified Sites Program Acreage: 147 OWNER/APPLICANT INFORMATION Name: Beaufort County Economic Development Mailing, Address: do The Wooten Company attn: Pan Crissman 130 North Bovlan Avenue Ralemli NC 27603 Telephone Number: 910-323-0531 Fax Number: 919-755-i 135 E-mail Address: ocrissman(tOthewootenconipany.cnm AGENT/CONSULTANT INFORMATION Company 1 Name Froehlinv F Robertson Inc. 7 Elias Ruhl Mailing Address: 310 Hubert Street Telephone Number: 919-719-1973 - Fax Number: 919-532-0304 E-mail Address: eruhl(6ifandecom V Based on a description of the project. a search of the 75 - Minute USGS Topographic Quadmngic Ivlap covering the project site and the supporting literature available in the NCDENR - Division of Parks S. Recreation Natural Heritage Program Workroom. (which includes both Federal and State designations), the proposed project is not likely to adversely affect federally or state listed threatened and endangered species or their designated critical habitats. However, this does not assure that federally or state listed threatened and endangered species are not located on the project site. If suitable habitat for these species occurs in the project area. then the species may be present at the site and a survey should be conducted. Consultation must be reconsidered if this action is subsequently modified in a manner that was not considered in this review: or a new species is listed or critical habitat is determined that may be affected by the. proposed project. Sufficient information to complete the review process has not been provided. Please submit the tollowing information. or reasoning, Why this information cannot be provided at this time: "fhe proposed project appears to have the potential to adversely affect federally or state listed threatened and endangered species or their designated critical habitats. Additional consultation and ; or assessment, including contacting the regional U.S. Fish and Wildlife Service Office responsible for the proposed projects area is required. Recommendations: North Carolina Department of Environment and Natural Resources Natural Heritage Program Signed: ?ti?....? e ->, L -L^nti.l -?? Date: -'L` 2 2 j Nls. Linda Pearsal , Director 11/30/2007 11:58 NC STATE HISTORIC PRESERVATION 4 95220304 NO.741 POI Please Print or Type Date Submitted tl 2 0 2007 PROJECT INFORMATION Name: Chocowinity Industrial Patk County: Beaufort USGS Quad: "1Iae WWWAMN %j'.y'"'{ Description: Tndusoial Park Acreage: 147 OWNER?APFLICANT INFORMATION Name: Beaufort County EconomicDevelcr ment Mailing Address: clo The Wooten Compmly. atm, Pat Cnsaman 120 North Boylan Avenue Raleigh. NC 27603 Telephone Number: f919) 828-0531 Fax `lumber: (912) 755-5 13 5 E-mail Address: pe amanCalthecvooteocomppny.com AGSNTICONSULTAINT INFORMATION Company I Name e I ' Mailing Address: 310 Hubert Street Raleigh North Carolina 2,603 Telephone Number: (919) 719-1973 Fax Number: (919) 562-0304 E-mail Address: eruhl(tr fl corn ARCHMCTURAL RESOURCES 1. Are there any buildings or structures on the project site'? (Include abandoned barns, farmhouses, tobacco sheds, bridges, etc.) 2. If yes, submit one set of photographs of any structures which appear to have been built before World War 11 (Polaroid-type snapshots are okay). Photos should show the but and one aide of structure and area behind structure. ARCHAEOLOGICAL RESOURCES 1. Present and previous land uses of the project area. 2. What kind of site preparation, if any, has taken place on the project site? 3. Have any artifacts (anowbeads, pottery, etc) been found ou the site? 4. Are any marked or uw lmd cemeteries located on the project site? lra?l a?o? 5. Has the area been surveyed by an archaeologist? If yes, give the name of the archaeologist and the date of the strvay, if known. NOI?TH STATE HISTORIC PRESERVATION OFFICE We have no comment on the project as proposed. Additional information is needed to complete our renew- .. An aich1amlo(&al survey is recom =,L l Sig^bd: q'%U _ VGYeLQ lp ?i[L?aH Date:. 30 - Q00VL Re^= GiedluEaviromnental Review Coordinator yo lr'1."Ir inAW&, 4i4 5CAPVP/ ?.v y'} An. REVIEW FORM FOR STATE HISTORIC PRESERVATION OFFId;r ? - 1 r/ry•4- .J? FIry ??yt ? ? ? ?? 1, _?? I'Y.. ( >'`? 'J?"? I ???t"LI ttt ? o . x47 o J ?7 1 -Y 1155 4s? J/ \t I 4S 4 - 1 e Y , & 5 ? ? ? I - ? '?C ,- JJJ 1 ?( 1 rte? •? +.. • { / •? ( ` ?``?- 411 ? ?• rtfU t .:x52 \ ( y ? _--_ I F Wb y 56 7?9 1, 1. _ _ - ?1 R `47-? ?'1 ?4v J ? ?, f?------? ? ?•--fir' st- 400. SITE VICINITY MAP North Client: The Wooten Company FROEHLING & ROBERTSON, INC. Pm'ect: Chooowini Industrial Park GEOTECHNICAL. ENVIRONMENTAL • MATERIALS Location: Beaufort North Carolina ENGINEERING . LABORATORIES F&R Pro ect No: .. "Over one hundred years of service" - Fi um 41 all n c. ? I T m K M S ULOER 11 Z P N F- - -EDGE OF Pq VEMENT EDGE OF PAVEMENT \y o m? ? D z d a MM RI 4 'v s ? _ ° ? ? }" ? $ _ o . ry rn ?? 2 o m> oAO a? ? G Nfi m mL - A ~ Y II ? ?i p n a ry O ]? 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