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HomeMy WebLinkAbout20030587 Ver 1_COMPLETE FILE_20030512(A N1AT(?Qt'iy H - p -r DWQ Project No.: J-3 County: (-4-uwticZe'n Applicant: Project Name: ?o ?3 ,mac©??'S ?.Y - ? > e""?5 c- Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 40.1 Water Quality Certification and Buffer Rules,'and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Appllcant's Certlflcat/on I, C'r, Q , hereby state that, to the best of my abilities, due care and diligen s used in the observation of the construction such that the construction was observed to be-bull t within substantial' compliance and Intent of the 401 Water Quality Certification and Buffer Rules, the . approved plans and spectfl t s, and other supporting materials.. - Signature: Date: . Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used In the observation of the construction such that the construction was observed to be built within substantial compliance and Intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. WETLANDS/ 401 GROU0 Signature: if this protect was designed by a Certified Professlonal Date: APH 2.2004 vimwsatts r. "Ways %avvtniwt William Q. Roes Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality WATER QUALITY SECTION I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due'care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and Intent of the 401 Water.Quality Certification and Buffer Rules, the-approved plans and specifications, and other supporting materials. Signature: Registration No. Date N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1860 Mall Service Center, Raleigh, NO 27899.1650 (Malling Address) 2321 Crabtree Blvd., Raleigh, NO 27804-2260 (Location) (919) 733-1786 (phone), 919-733-8893 (fax), (httpJ/h2o.enr.state.no.uatnewetlands United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 93726 Raleigh, North Carolina 27636.9726 April 18, 2003 APR 4 ?003 Mr. William Wescott U. S. Army Corps of Engineers Washington Regulatory Field Office P. O. Box 1000 Washington, North Carolina 27889-1000 Subject: ID No. 200310492, J. G. Winslow, Camden County, North Carolina Dear Mr. Wescott: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Pre-Construction Notification (PCN), dated April 1, 2003. The applicant, Mr. Jay Garnett Winslow, has submitted an application for a Department of the Army (DA) Nationwide Permit to fill a 0.1-acre area of forested wetlands on Lot 73 within the Dances Grant subdivision, Camden County, North Carolina. The permit is requested to achieve the desired location for a house with a detached garage. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). They are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. According to information in the PCN and supplied verbally by you, the existing lot is entirely forested and adjacent to Ameuse Creek which flows into the Pasquotank River and Albemarle Sound. The Service considers such riparian forests to have high value for fish and wildlife resources. Such forests on the coastal plain provide a host of ecological functions. They improve water quality by controlling erosion and removing nutrients which would otherwise cause unwanted enrichment of downstream estuaries. They also remove suspended sediment, retain stormwater runoff, and recharge groundwater. They serve as buffers for inland areas against the impacts of storms. Wetlands, such as those along Arneuse Creek, provide valuable nesting, roosting, and foraging habitat for resident and migratory waterfowl, hawks, owls, wading birds, and songbirds, including neotropical migrant birds, many of which have shown population declines in recent years. Resident wildlife species include numerous small mammals, game animals, reptiles and amphibians. The wetlands in the project area are especially important to aquatic organisms and contribute to the production of recreationally and commercially important fisheries and shellfisheries. The organic matter lifted by flood waters from the floodplain and carried downstream is an important part of the estuarine food chain. Such nutrient inputs are valuable in maintaining the biological productivity of wetland and aquatic habitats in lower portion of the Pasquotank River and farther downstream in Albemarle Sound. These swamp forests are important nursery areas for anadromous fish such as striped bass (Morone saxatilis). In late winter and early spring, adult fish may feed in flooded bottomland hardwood forests. These forests slow the flow of freshwater during flood stages and thereby protect estuarine fish and shellfish nurseries from harmful changes in salinity. The North Carolina Division of Marine Fisheries estimates that North Carolina has already lost 34 percent of its coastal wetlands which are important fish habitat. One of several activities responsible for these losses is filling of coastal wetlands. In light of both the ecological and economic values of the wetlands in the project area, adequate compensatory mitigation for unavoidable losses is essential. The Service advocates that wetland compensation consist of two components. First, there should be a minimum of one-to-one restoration of wetlands with a strong emphasis on in-kind replacement near the area of impacts. The second component should consist of either one additional acre of wetland restoration, two acres of enhancement, three acres of creation, or five acres of wetland preservation. This two- tiered approach is necessary to ensure that there is no net loss of these wetlands and fully account for the extended time lag required for the restored wetlands to become fully functional. This is especially critical for forested wetlands which may require decades to completely replace the fish and wildlife habitats lost. The PCN states that the applicant is willing to participate in the wetland mitigation program available to residential landowners. We believe this offer refers to the North Carolina Wetland Restoration Program (WRP). If the Corps determines that wetland impacts have been minimized to maximum extent possible, the Service recommends acceptance of this form mitigation as the restoration component of compensation plan. The PCN also states that the applicant is willing to preserve the remaining wetlands on the lot through a deed restriction. There would be approximately 1.5 acres of wetlands that would not be impacted by the proposed work. The Service strongly supports preserving the existing forested wetlands on the lot as the second component of compensatory mitigation. The preservation of the forested wetlands could be accomplished by establishing a conservation easement on the remaining wetlands within the applicant's property. This conservation easement should include all the prohibited and restrictive activities given in Article II of the Corps' model conservation easement (available at http://www.saw.usace.army.miI/wetlands/Permits.htm), revised in October 2002. The I 1 restrictive activities include (Sections A-K) measures to prevent the introduction of non-native plants (A); construction of paved surfaces or utility poles (B); any cutting of trees, shrubs, or other vegetation (E); any change in topography (H); certain changes to drainage patterns (I); and, the operation of mechanized vehicles (K). These prohibited and restrictive activities within mitigation streams and wetlands should be part of the permit conditions and become part of the property deed. Currently, the only Federally listed species known to occur in Camden County is the red- cockaded woodpecker (Picoides borealis). This species inhabits mature, upland pine forests and is not likely to occur in the project area. The American alligator (Alligator mississippiensis) has also been reported in Camden County, but is only list due to similarity of appearance and is not subject to section 7 consultation. Therefore, the proposed action is not likely to adversely affect any Federally-listed endangered or threatened species under our jurisdiction and that the Corps' requirements under section 7(a)(2) of the ESA would be satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Overall, the Service does not oppose issuance of the requested DA permit if the Corps has determined that all feasible measures have been taken to avoid and minimize wetland impacts. However, we do request that complete and adequate compensatory mitigation be required by the Corps for the unavoidable wetland losses. We also request that all elements of a compensatory mitigation plan, including any formal conservation easement or deed restrictions, be established prior to the issuance of the DA permit. We appreciate the opportunity to provide these comments for the protection and enhancement of fish and wildlife resources. Please advise us of any action taken by the Wilmington Corps District. If you have questions regarding these comments, please contact Howard Hall at 919- 856-4520 (Ext. 27) or by e-mail at howard_hall@fws.gov. Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Kathy Matthews, USEPA, Athens, GA Ron Sechler, NOAA/Fisheries, Beaufort, NC David McHenry, NCWRC, Washington, NC John Dorney, NCDWQ, Raleigh, NC Sara Winslow, NCDMF, Elizabeth City, NC VVA O 9 Michael F. Easley, Uovernor H Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources `O G r Alan W. Klimek, P.E. Director >_ y Division of Water Quality 0 June 11, 2003 DWQ# 03-0587 Camden County Mr. Jay Garrett Winslow 135 Perkins Rd. Camden, NC, 27921 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Winslow: You have our approval, In accordance with the attached conditions, to place fill in 0.099 acre of wetlands in order to construct a residence on your lot in Camden County, as described in your application received by the Division of Water Quality on May 12, 2003. After reviewing your application, we have decided that this fill Is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at htta:Hh2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 18 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, 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 conditions listed below: 1. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the INC Division of Water Quality upon completion of the project. 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 Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in our Central Office at 919-733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files File Copy 030587 NCDM N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 MEMORANDUM TO: John Dorney Regional Contact: tom steffens Non-Discharge Branch WO Supervisor: Roger Thorne Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Jay Garrett Winslow County Camden Project Number 03 0587 County2 Recvd From APP Region Washington Received Date 5/12/03 Recvd By Region Project Type residential Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME F18 OTH F770 N 30-3-13-(2) SB 30,150. 0.10 F F- Mitigation Wetland MltigationType Type Acres Feet F- r F_ Is Wetland Rating Sheet Attached? Q Y O N Did you request more Info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? p Y Q N Recommendation: Q Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1 i a Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality CertiFic:atious, aad 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' (USACE) 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-iS6uld not be used if you are requesting an Individual 404 Permit or Individual401 Water Quality Certification. The USACE Individual Permit application form is available online at htt-P://www.saw.usace.army.mil/wetlands/Peim 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.arrny.mil/wetlands/relatotir.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 USACE. 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 North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant sh ? ate NCWRC regional coordinator (listed by county on page 4 of this application): MAY 1 2 2003 Page 1 of 12 WATE r QUALITVSECTtQA? l?l I? Coastal Area Management Act (CAMA) 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 N!, 1-ittp://www.saw.usace.army.mil/wetlands/nyMfinalFedReg.-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.htrnl. 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 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swai US Army Corps of Engineers 151 Patton Avenue Alleghany Catawba Henderson Mecklenburg n Transylvania Room 208 Ashe Cherokee Iredell Mitchell Union Asheville, NC 28801-5006 Avery Buncombe Clay Cleveland Jackson Lincoln Polk R Watauga Telephone: (828) 271-7980 Burke Gaston Macon owan Rutherford Yancey 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 Raleigh NC 27615 Davidson Guilford Person Warren , Telephone: (919) 876-8441 Davie Durham Halifax Johnston Randolph Rockingham Wilkes Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office US Army Corps Of Engineers Beaufort Bertie Currituck Dare Jones Le i Pitt P t Off B no r Tyrrell os ice ox 1000 Washington NC 27889-1000 Camden C Gates Martin Washington , Telephone: (252) 975-1616 arteret Chowan Green Hertford Pamlico Pasquotank Wayne 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 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 US Fig US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 larine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 12 CAMA and NC Coastal Counties Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 Beaufort Chowan Bertie Craven Brunswick Currituck Camden Dare Carteret Gates Hertford Pasquotank Hyde Pender New Hanover Perquimans Onslow Tyrrell Pamlico Washington Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 506-1754 NCWRC and NC Trout Counties Alleghany Caldwell Ashe Mitchell Avery Stokes Burke Surry Buncombe Henderson Cherokee Jackson Clay Macon Graham Madison Haywood McDowell Watauga Wilkes Polk Rutherford Swain Transylvania Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 12 Office Use Only: Form Version February 2002 USACE Action ID No. gi ?j `-' ?o'q2 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. IT. Processing 1. Check all of the approval(s) requested for this project: ection 404 Permit ? Section 10 Permit ? 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 7 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: ? Applicant Information 1. Owner/Applicant Information Name: Mailing Address: ?? ?'?rk'M s QJ , -1 Telephone Number: Fax Number: zsz - _-? = yid E-mail Address: 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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 12 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 inc ded 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 snaps are provided. Name of project: ' 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN) : 4. Location County: Nearest Town: F E Subdivision name (include phase/lot number): ' ' - Directions to site (include road numbers, landmarks, etc.)LL: 34? Sawk, ?? ...5. Site coordinates, if available (UTM or Lat/Long (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: 7. Property size (acres): 8 9. River Basin: Nearest body of water (stream/river/sound/ocean/lake): (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/aclmin/maT)s/.) Page 6 of 12 v 10. Describe the purpose of the proposed work: 11. List the type of equipment to be used to construct the project: % 77>o z 12. Describe the land use in the vicinity of this project: Rt'_ --,?-c(1 Q? 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 usefiil 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. 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 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. Page 7 of 12 I Provide a brief written description of the proposed impacts / p J aiC-, ?.-. e•_.C': C'? ? t,{ t.?..JJ (?, ?,G ? ^i?.-?P C?y'I" r` f.. ?"' a .?`F"''f.`': ?e-? -? l"_ ? f nee f ( ("' fi !°r l 6^ , 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*** r7- i « }?;? ; awe * T : _L ?u . i"IpauL Soparateiy anQ iaennry 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 htti)://www.fema.!zov. *** 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: Total area of wetland impact proposed: y?ro,?? 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.mapguest com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 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 of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. h T L LIbL cacti 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond) local stormwater requirement, etc.): Size of watershed draining to pond: 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 constriction techniques to be followed during construction to reduce impacts. ,-• 1 . ?!^ 1 .'?,v??' L .-•+?3 ..S' i j 1 c? t-?. I A';e .. yl -'? • , a. t.r ?r-...r"rL <? :..(.?.. 4; ? C ^? l..:...t ! PM ? ?f . .? ? ? w. „ "A' Expected pond surface area: 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. Page 9 of 12 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. html. J 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. ..> ..•d•'-e. ^.,...? r*."`' p,»l?9e. .:.,ap ,,,,.- !?.,....,• n',g,,`e.'.1 .? r,? r lr°'K?R`e. l", ...,1,..,P 14 X' ??F.° A "w y?A ,C'"?^11Y?' E r R/^ INMpti PS..P r... C°t.r!"•? My ,,6rt'??? c9??A ?" F"'l .".1. r"'.O CE^ P'T.".<'?? ??'? c5E• " > , i s*t? ...r+. ,.,, p? f f'f' f.. !' e`c _,?. ?`('. ? ?' t, ?? ;?'?' ? ??(.?•r : °.F.,.?, _d:'? ?„? ,ran k w, ? 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration J 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 Irv reviewed and approved before it can be used to satisfy mitigation requirements. Applicants' o 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.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide, the following information: V4,. Al 'K Sw Amount o stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): ' wY Amount of Riparian wetland mitigation requested (acres): V 1 r., ?, a W Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): r Y ~3 Page 10 of 12 `'? 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No] If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (T square feet Multiplier Required Mitigation 1 3 2 1.5 Total -ut; emenus our )v ieei perpenarcuiar trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0260. 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. 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. F f' t? 1 y ?+ 9 ?"?. A "3+.t_ Y1 V{ CAS ?XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No 0 Is this an after-the-fact permit application? Yes ? No ?] XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). (Agent's plicant/Agent's Signature Date is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 use 114 44 ITS 34 tv aa?r ?7w?gsig ?..?yw? ?ad?a?uo {.'r'? dl O 4y 7ap?1 ??! '""? ???n' Coyy:+? '?w?W. ?,.? ay v a? ??91tL (la :'°imh? M -tS 0) C J r 1p V` try / , / , .11 ( 7 ??. O aY '? Cp ?Vl ^n ?jfi'tr?z.r . L. , r vo v °=c?, ,--Io ?Val-ll ,o -'?Z'lIMM1.?...FIMMM1ilAll?lOr?r`!? Triage Check List late: S , `I - ° 3 Project Name: To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Alan Johnson ? RRO Steve Mitchell From: Q Lt. DWQ#: 0`2, - ()5,5 7 County: (f' QvyNje h WaRO Tom Steffens ? WiRO Noelle Lutheran ? WSRO Cyndi Karoly (Central Office) Telephone : (919) 7 3 3 ° 7 ?- G The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios Ditching ? Are the stream and or wetland mitigation sites available and viable? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern ;omments: A? kA Uinn tR 5