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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 /LEM cc: File Stantec 4 i ..rF w,rk. i1 r ?: .. a 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 _.,; ?oF \ NA r > - 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 ?o ? pqK ???\? yp< <p w RD SI TE 2 r z Q ?, a w Y SARA LEE BRANDED / c? ('s yw "ANES < ?, Y APPAREL /PROPERTY z S2 Rp r o' w z tier d Vicinit y Map Not To Scale Stantec Consulting Inc. Suite 200, 150 Oak Plaza Blvd. Banner Elk NC U.S.A. 27105 336.759.7400 Fox. 336.759.7900 www.stontec.com bK ................................................ Copyright Reserved ??? w ~ f FOP `Q 7 C` r rvucnaai r. ?r?5 iay, UUVW1Ilur 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