HomeMy WebLinkAbout20030575 Ver 1_COMPLETE FILE_20030509Stantec Consulting Services Inc.
801 Jones Franklin Road Suite 300
Raleigh NC 27606
Tel: (919) 851-6866 Fax: (919) 851-7024
stantec.com
f
Stantec
March 14, 2003
Mr. John Lipka
Stantec Consulting
150 Oak Plaza Blvd.-
Suite 200
Winston-Salem, NC 27105
Subject: Wetland Determination
Sara-Lee Property
South of Hanes Mill Road
Forsyth County, North Carolina
Stantec Project Number: 72100449
Dear John Lipka,
A wetland delineation was conducted by a Stantec environmental scientist on March 13,
2003 at the above referenced property (Figure 1).
The information sources used in this assessment include: U.S. Geological Survey
(USGS) Topographic map of Rural Hall, North Carolina; Soil Survey of Forsyth County
(Soil Conservation Service 1976); and National Wetlands Inventory (NWI) mapping of
the site.
Wetlands and surface waters fall under the broad category of "Waters of the United
Buildings States" as defined in 33 CFR 328.3 and in accordance with provisions of Section 404 of
the Clean Water Act (33 U.S.C. 1344), and are regulated by the U.S. Army Corps of
Engineers (USACOE). The wetland determination for the property was conducted
Environment according to the field delineation methods of the 1987 USACOE Wetland Delineation
Manual using the parameters of hydrophytic vegetation, hydric soils, and wetland
Industrial hydrology.
Transportation The Forsyth County soil survey showed Chewacla loam (having hydric inclusions)
located at the outfall of the dammed pond on the property as the only hydric soil on the
Urban Land property. Upon field investigation, no hydric soils were located along the streambanks.
The inner berm of the stream had some saturated hydric soils with iron-fixing bacteria on
the surface. During rain events, this inner berm would be inundated. The top-of-bank
was approximately three feet above the thalweg, with an inner berm at eight inches.
Some ponded water was located along the sewer line easement due to clay compaction.
Mr. John Lipka
March 14, 2003
Page 2
Three wetland areas were observed and flagged on the property. The first wetland
(Wetland A) is located at the southeastern finger of the pond where the
intermittent/perennial stream enters into the pond. This small wetland is dominated by
willow and red maple, with standing water at five inches. The second wetland area
(Wetland B and C) is located at the northeastern finger of the pond where another
intermittent/perennial stream enters the pond. This wetland is primarily located along
the floodplain of this stream and along the ephemeral streams that flow into it. The third
wetland (Wetland D) is located north of the fishing pond on the northwest side of the
property. This wetland starts at a stormwater pond and encompasses the outfall of this
pond until entering into the fish pond.
The stream located at the southeast finger of the pond appears to be both stormwater
and groundwater fed. It is recommended that a copy of the stormwater plan and
relevant agency documentation regarding the constructed ponds on this stream be
reviewed along with any applicable local stormwater rules.
Any activities in these areas (wetlands and surface waters) are regulated under Sections
401 and 404 of the Clean Water Act. Permitting through the USACOE and the North
Carolina Department of Environment and Natural Resources, Division of Water Quality
would be required prior to disturbing these waterways. The DWQ representative for the
Winston-Salem office should be invited to visit the site along with a member of the
Stantec Natural Systems team to make suggestions and give a jurisdictional opinion on
the property.
If you have any questions regarding the above information, please do not hesitate to call
the Natural Systems department at (919) 851-6866.
Sincerely,
Stantec Consulting Services Inc.
L62 A
Lia E. Myott
Environmental Scientist
Enclosure: map
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cc: File
Stantec
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Wetland Detennination
Sara Lee Property
South of Hanes Nil Road
Forsyth County, North Carolina
Exhibit 1
? ?k
\N A TF Michael F. Easley, Governor
`O?0 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
_q Division of Water Quality
. May 12, 2003
DWQ# 03-0575
Forsyth County
Mr. Cary McMillan
CEO, Sara Lee Branded Apparel
1000 East Hanes Mill Road
Winston-Salem, NC, 27105
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. McMillan:
You have our approval, in accordance with the attached conditions, to place fill in 0.09 acre of wetlands and 0.22 acre of waters, and
to install utility lines in 0.17 acre of waters in order to construct the Sara Lee Branded Apparel Headquarters Expansion in Forsyth County,
as described in your application received by the Division of Water Quality on May 9, 2003. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3402, which can be downloaded from our web site at
htt1):Hh2o.enr.state.nc.us . This Certification allows you to use Nationwide Permit Number 39 when issued by the U.S. Army Corps of
Engineers. 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. You should send an application to
the Division of Land Resources for their review of your project under dam safety rules as well as erosion and sediment control. 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 and the additional condition listed
below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
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 Cyndi Karoly in Raleigh at 919-733-9721.
Sincerely,
(/?' n6 t4l?
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
John Lipka, 150 Oak Plaza Boulevard, Suite 200, Winston-Salem, NC, 27105
030575
N
. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1 800 623-7748
Stantec Consulting Services Inc.
150 Oak Plaza Blvd. Suite 200
Winston-Salem NC 27105
Tel: (336) 759-7400 Fax: (336) 759-7900
stantec.com
401 ISSUED `
WETLANDS 1401 GOP FILE COPY
MAY 0 9 2003
auaLirrsEc770N
Tel: 336-759-7400
Fax: 336-759-7900
jlipka@stantec.com
US Army Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Attention: Todd Tugwell - Regulatory Project Manager
Dear Mr. Tugwell:
Reference: Sara Lee Branded Apparel Expansion
Pre-Construction Notification Application
Winston-Salem, North Carolina
Buildings
Environment
Industrial
Transportation
On behalf of Sara Lee Branded Apparel and Thomas Phifer and Partners, Stantec is
pleased to provide you with a completed Pre-Construction Notification (PCN) Application
for the referenced project. It is our understanding as required by Section 404 of the
Clean Water Act that a US Army Corps of Engineers (USACE) Nationwide Permit and
associated General 401 Water Quality Certification issued by the Division of Water
Quality (DWQ) are necessary.
The attached Wetland Determination report by Stantec's Natural Systems Group dated
March 14, 2003, identifies four wetland areas, two of which are on the project property.
The wetland areas were delineated by Stantec's environmental scientist during field
reconnaissance performed on March 13, 2003. A map depicting the approximate limits
of these areas is accompanying the Determination report. The two areas identified on
the subject site property are A11-6 and B1-12. Area A11-6 has been surveyed by Stantec
and is 3,900 SF or 0.09 acres. Area B1-12 will not have permanent impacts subsequent
to project construction and has not been surveyed. We have approximated area B1-12
to be 0.3 acres.
Urban Land Based on Clean Water Act requirements and communications relayed during your April
22, 2003 site visit for wetlands impacts 1/10 of an acre or less, Section 404 Nationwide
Permit No. 39 is the appropriate permit for the project. The DWQ has indicated that
corresponding Section 401 General Water Quality (GWQ) Certification No. 3402 will
cover impacts under this project. DWQ has requested seven sets of PCN and a $200
review fee. The DWQ has also indicated they will provide written notification within 60
days of PCN receipt. USACOE will concurrently provide notification within 45 days of
PCN receipt.
30 April 2003
Todd Tugwell
Page 2 of 2
Reference: Sara Lee Branded Apparel Expansion
Pre-Construction Notification Application
Winston-Salem, North Carolina
Your assistance is very appreciated, we look forward to a positive response from the
USACE so grading and construction activities for the project may begin.
Sincerely,
/ohn C CONSULTING SERVICES INC.
Lipka, PE
Manager, Land Development Engineering
Attachment
c. Don Gault - Sara Lee
Greg Reaves, Thomas Phifer and Partners
Bob Austin - Turner Construction
Jeff Kopf - City of Winston-Salem
Division of Water Quality (w/seven copies of PCN)
file
Stalntec
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-
Pre- Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USAGE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application).
Page 1 of 15
Coastal Area Management Act (LAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 15
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: (828) 271-7980 Burke Gaston Macon Rutherford
Fax: (828) 281-8120 Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson
Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763
Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 258-3939 Telephone: (252) 728-5090
Page 3 of 15
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.
Page 4 of 15
Office Use Only: Form Version February 2002
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
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 (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Mr. Cary McMillan, Chief Executive Officer - Sara Lee Branded Anoarel
Mailing Address: 1000 East Hanes Mill Road
Winston-Salem NC 27105
Telephone Number: 336-519-4660 Fax Number: 336-519-4667
E-mail Address: cmcmillan@saralee.com
2. Agent 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. John D. Lipka, PE - Stantec Consulting Services Inc.
Company Affiliation: Consulting Civil Engineer
Mailing Address: 150 Oak Plaza Boulevard
Suite 200
Winston-Salem NC 27105
Telephone Number: 336-759-7400 Fax Number: 336-759-7900
E-mail Address: jlipka@stantec.com
Page 5 of 15
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: Sara Lee Branded Apparel Headquarters Expansion
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 6829-71-5878
4. Location
County: Forsyth Nearest Town: Winston-Salem
Subdivision name (include phase/lot number): Block 4841 Lot 123
Directions to site (include road numbers, landmarks, etc.):
Hwy 52 North, Exit 114, east on Germanton Road, north on Hanes Mill Road, first right onto
Sara Lee's tree-lined entrance driveway @ sign with Sara Lee logo
N 36° 11' 21"
5. Site coordinates, if available (UTM or Lat/Long): W 800 15' 49"
(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. Describe the existing land use or condition of the site at the time of this application:
Commercial Office Site with 5 story, 300,000 SF± building and approximately 800 spaces
parking lot, open grassed field with a small lake.
7. Property size (acres): 94.41 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Mill Creek
9. River Basin:
(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/admWmaps/.)
Page 6 of 15
10. Describe the purpose of the proposed work: Construct new 300,000 SF office building
addition and associated 1000 space parking lot utilizing Green Building/Sustainable Site
Design Practices
11. List the type of equipment to be used to construct the project: Typical grading and earth
moving equipment: dozer, loader, grader, dump trucks, etc.
12. Describe the land use in the vicinity of this project: Uses south and southeast are
commercial office and restaurant. Uses north and northwest are residential.
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.
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.
All anticipated impacts to the site's jurisdictional waters of the US as pertaining to this project
are included in this permit request. No future permit requests are anticipated for this project.
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, 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
Page 7 of 15
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 brief written description of the proposed impacts: A 60 ft by 65 ft (0.09 ac) area
of wetlands adjacent to the lake will be filled to facilitate construction of the new building: A
triangular shaped finger (9,760 SF or 0.22 Acre) of the lake adjacent to the wetlands will also be
filled to facilitate construction of new building. See pg. 14, Attachment "A" for additional
listing and description.
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***
A Fill 0.09 NO Immediately Lake edge forest
adjacent to lake
* 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.,vov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property: 0.3 ac
Total area of wetland impact proposed: 0.09 ac
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(please secif )
N/A
* 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 15
** 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.us.'s.gov. Several internet sites also allow direct download and printing of IJSGS maps (e.g., www.tooozone.coni,
www.mapauest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
Fill 0.22 N/A Small Lake
Utility Installation 0.17 N/A Small Lake
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): Excavated wet pond in uplands with emergencX
spillway in dam. Riser structure and outfall barrel to facilitate water quantity and quality.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Large proposed parking area to be porous asphalt.
Runoff not managed through porous asphalt routed through pond to meet local stormwater
ordinance.
Size of watershed draining to pond: 16.5 AC Expected pond surface area: 7,500 SF
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.
Please see pg. 15, Attachment "B"
Page 9 of 15
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/strmgide.htm1.
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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If
Page 10 of 15
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):
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 (DWQ Only)
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 (DWQ Only)
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:
Page 11 of 15
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
2 1.5
Total
* 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 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
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.
Existing impervious acreage is 15.5 acres. Proposed impervious acreage is 15.0 acres. Site
acerage is 94.4 acres. Existing % impervious is 16.5%. Future impervious after development is
32.4%.
XII. Sewage Disposal (DWQ Only)
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.
All current wastewater generated is transferred to public wastewater treatment via public gravitv
sewer main. Necessary applications and requests for additional flow acceptance to local WWTP
will be made as project progresses.
XIII. Violations (DWQ Only)
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):
Page 12 of 15
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).
Current lake draw-down time has been calculated at 7 days. Adequate time is required for draw-
down and lake bottom dry-out for sanitary sewer installation within lake limits to occur June 1,
2003.
s'/O/vY
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 15
Attachment "A"
(Section VI: Proposed Impacts to Waters of the United States/Waters of the State)
Prior to implementing several construction activities associated with the project, draining of the farm
lake is required. A portion of the existing 12" public sanitary sewer main is in conflict with the
proposed expansion. Relocation of this system calls for approximately 190 linear feet of the 385 linear
feet of new 12" ductile iron piping to be within the lake bed. Draining of lake and allowing adequate
time for the lake bed to dry will be necessary for system's installation. Projected impacts to lake
bed allowing public sewer installation have been approximated at 7,600 SF or 0.17 acres. Fill
operations of 0.22 acres previously described will be performed during lake drainage phase of project, as
well. Temporary dewatering impacts to other wetlands during lake drainage phase include
approximately 0.3 acres at northeast finger. See attached Wetland Determination may.
Silt fence will be installed at toe of all slopes adjacent to work in lake bed for construction activities
described above. Silt fence will be removed prior to allowing stormwater to fill lake and only after
all impacts mentioned are stable. Temporary erosion control measures, including Sediment Pond No. 1,
are to be installed to manage the project's bulk grading sediment runoff. Temporary silt fence and
diversion berms will divert all construction related runoff away from lake and into Sediment Pond No. 1.
Lake levels may be moderated during construction allowing subsurface drainage to lake and away from
foundation and other deep construction. As a final measure of construction, the lake will be drained
again so that the expanded lake area may be excavated to the south of current location. The lake's
current area of 7 acres is projected to be approximately 9 acres upon project completion. All new
areas excavated will be stabilized prior to allowing lake to refill.
Page 14 of 15
Attachment "B"
[VII - Impact Justification (Avoidance and Minimization)]
Potential impacts to all environmental habitats were taken into special consideration during planning_
stages of the project building expansion. The Owner requested that the existing stand of mature oaks
southwest of the current facility be preserved and taken under special consideration as effected by
expansion footprint and related parking _growth. The expansion program called for the new annex to be
adjacent and connected to the existing headquarters building. Leaving the stand of oaks to the southwest
dictated expansion in northeasterly direction. To minimize necessary impacts to upland areas that would
support required additional parking the planned building expansion is to wrap or hug the existing lake
border north and east of the current facility. Approximately 1,000 additional parking spaces are required
and planned to cover 14 acres in upland areas northeast of the current facility. If the expansion
occurred in a linear fashion east of the current facility rather than turning north and hugging lake shore
line, earth removal quantities and land disturbance areas for required parking would be significantly
increased.
The project building and site development will incorporate Leadership in Energy and Environmental
Design (LEED) practices. In addition to environmentally friendly practices under the LEED program,
approximately 2 acres of lake expansion and 540 feet of lake shore will be added under this project. The
additional farm lake area will be added as Waters of the US.
Page 15 of 15
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336.759.7400
Fox. 336.759.7900
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William G. Ross Jr., S e c r e t a r y
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 2, 2003
DW Q# 03-0571
Alamance County
Mr. Ray Fogleman
City of Graham
P.O. Box, 357
Graham, INC, 27253
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Fogleman:
You have our approval, in accordance with the attached conditions, to temporarily excavate 150 linear feet of perennial streams in
order to construct two waterline utility crossings associated with the City of Graham's water supply system in Alamance County, as you
described in your application received by the Division of Water Quality on May 8, 2003. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3374, which can be viewed on our web site at
hfti):flh2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 12 when issued by the Corps of
Engineers. 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, Randleman Buffer Rules, Coastal Stormwater, 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 and the additional condition listed
below:
1. 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;
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 Cyndi Karoly in our Central Office in Raleigh at 919-733-9721.
Sincerely,
8
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
Todd Ball, 200 South Old Statesville Road, Huntersville, INC, 28078
030571
pea
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1 800 623-7748
Triage Check List
Date: S ? Z ' 3 Project Name: Z creme
DWQ#: 03 - O s"71
County: 14? aG.v?C
To: ? ARO Mike Parker ? Wa.RO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: NA%V_ _ Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
18-ttream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Eg'Minimization/avoidance issues
0-Buffer Rules (Meuse, Tar-Pamlico, Catawb dle
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
a-Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
Triage Check List
ate: S- 1 Z ' 03 Project Name: dA-,J RZ BOCk (2r4
DWQ#: Oe, - o5,71
County: P?1 a?rn?.v?C.e,
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: I Ake. Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
tream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Efg'Minimization/avoidance issues
OBuffer Rules (Meuse, Tar-Pamlico, Catawb dle
? 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
:omments:
Stantec Consulting Inc.
00021657
REF. NO. INVOICE NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN NET CHECK AMOUNT
029142 APPLICATION FEE 0510112003 200.0 200.00 200.00
WETLANDS ) 1401 GROUP
Pq MAY 0 9 2003
R???VE CATER QU ALITY SECTION