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HomeMy WebLinkAbout20091358 Ver 1_401 Application_20091209giLLP -- L )E n 0 V -?E 0 9- 1 3 5 3 ECS .` , LLP "Setting the Standard for Service„ Geotechnical • Constructic n - - ils • Environmental • FacilitieS NC Registered Engineering Firm F-1078 Mr. Ian McMillan North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Andy Williams US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 December 30, 2009 rA I -,, DEC 3 1 2009 DENR. WATER QUALITY WETLM ANO STORMWATER BRANCH Reference: Request for Nationwide Permit and 401 Water Quality Certification Lowder Grading 2810 Griffith Road Winston-Salem, North Carolina ECS Project No. 09-17901A Gentlemen: The North Carolina Division of Water Quality (NCDWQ) issued a Notice of Violation dated October 2, 2009 for Stream Standard Violation and Failure to Secure a 401 Water Quality Certification to Mr. Gene Lowder for unauthorized impacts to a stream. The letter indicates that the culvert was installed within a stream channel for the purpose of providing more useable property and stabilizing the area. The impact occurred prior to the submission of a Pre- Construction Notification or any authorization, permit or 401 Water Quality Certification from the Division of Water Quality. The letter concludes that the impacts must be restored or properly permitted. Lowder Grading contracted with ECS Carolinas, LLP (ECS) to assist them in restoring the stream and adjacent buffer and securing a Nationwide Permit (NWP) and a 401 Water Quality Certification. Based on conversations between ECS and Ms. Sue Homewood with the NCDWQ it was determined that the stream and stream side buffers must be restored to natural or near natural conditions. Vegetative plantings will be required along the stream bank and in buffers around the stream. Grading and seeding will be required to stabilize the stream banks and buffers. Following restoration activities, the agencies will not allow mowing in buffers around the stream so that these areas can naturalize. ECS has prepared construction, planting and monitoring plans intended to correct the above violation. The eastern portion of the site contains buildings and parking areas for grading equipment. The western portion of the site contains undeveloped, graded land that is used for storing mulch. The culvert installed in the stream provides access to the western portion of the site. The culvert is 225 feet long. The purpose of this submittal is to apply for a Nationwide 4811 Koger Boulevard ^ Greensboro, NC 27407 « T: 336-856-7150 • F: 336-856-7160 - www.ecslimited.com ECS Carolinas, LLP - ECS Florida. LLC - ECS Mid-Atlantic, LLC - ECS Southeast, LLC - ECS Texas. LLP Lowder Grading Winston-Salem, North Carolina ECS Project No. 09-17901A December 30, 2009 Permit 39 for impacts to 149 linear feet of stream (136 feet of culvert and 15 feet of rip rap) and a Nationwide Permit 27 for restoring 76 linear feet of stream channel. Construction Plan A restoration plan has been prepared. Approximately 91 linear feet of the culvert will be removed and approximately 76 linear feet of the stream will be restored. The stream banks will be graded, seeded and covered with reinforced turf matting for stability. Log drops will be installed to stop head cutting. All disturbed areas will be reseeded and mulched. Construction sequencing, plans, profiles, construction and erosion control details, seeding specifications and planting details are attached. Planting Plan A thirty foot streamside buffer will be planted. A listing of acceptable species in the piedmont region is attached. The quality, size, genus, source, species, and variety of tree and shrub plantings indicated should comply with applicable requirements of ANSI Z60.1 "American Standard for Nursery Stock". Seedlings should be planted between October 15th and March 15th only. See the attached drawings for the area that will be replanted. The planting shall consist of containerized one-gallon or three-gallon trees and shrubs. The seedlings should be planted at a density of approximately 470 stems per acre to ensure that the target density of 320 stems per acre is achieved at maturity. A mixture of shrubs and trees shall be planted in the vegetative buffer area with predominately shrubs along the stream bank and predominately trees further away from the stream. To achieve the desired density, the approximate planting density to be used is 10' x 10' spacing. If, at the end of one year after planting, the number of viable trees present within the planted area is insufficient to provide a target density of no less than 320 trees/acre at maturity (approximately five years), additional trees should be planted to ensure that the target density objective is reached. Monitoring Plan Based on conversations with Ms. Sue Homewood, vegetative plantings and stream work must be monitored and reported after the first year of construction/planting. Throughout the first year after construction, ECS plans to perform several visual reconnaissances to evaluate the success of the restoration. ECS will document the visits with photographs and evaluate the area for evidence of stream and bank erosion or other damages. In addition, ECS will conduct a complete stem count of planted vegetation to determine the success rate of the plantings. Photographs and findings will be presented to the USACE and the NCDWQ. Lowder Grading Winston-Salem, North Carolina ECS Project No. 09-17901A December 30, 2009 If you have questions concerning the content of this letter, please contact us at (336) 856-7150. Respectfully submitted, ECS CAROLINAS, LLP David S. Brame Denise M. Poulos, LSS Project Scientist Principal Scientist Enclosures: October 2, 2009 DWQ NOV Listing of Appropriate Species Stream Restoration Plan Drawing 1 - Restoration Site Layout Drawing 2 - Site Plan Profile A - Existing and Proposed Longitudinal Profiles Drawing 3 - Stream Restoration Site Plan Proposed Stream Profile and Cross Section Tables Profile B - Proposed Stream Profile Profile C and Profile D - Proposed Cross Sectional Profiles Drawing 4 - Construction and Erosion Control Details Drawing 5 - Planting Details Live Staking Detail Constructed Riffle Detail Silt Check Detail Outlet Stabilization Details PCN Application 401 Water Quality Certification Fee - $570.00 (enclosed in initial application) 4?*J- NCEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 2, 2009 CERTIFIED MAIL 70081140 0003 8505 5232 RETURN RECEIPT REQUESTED Mr. M. Gene Lowder 2810 Griffith Rd Winston-Salem, NC 27103 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Failure to Obtain a 401 Water Quality Certification Lowder Recycling, Parcel ED # 6813-15-6135.00 Forsyth County Dear Mr. Lowder: Dee Freeman Secretary On September 25, 2009, Sue Homewood of the Division of Water Quality (DWQ) Winston-Salem Regional Office conducted a site visit of the your property located on Griffith Rd in Forsyth County, NC. At that time the inspector observed that a culvert had been installed within a stream channel for the purpose of providing you more useable property and stabilizing the area. An Unnamed Tributary to the Salem Creek, Class C waters in the Yadkin Pee Dee River Basin was impacted. Accordingly, DWQ site visits and file review confirms that impacts to the stream occurred prior to the submission of a Pre-Construction Notification or any authorization, permit or 401 Water Quality Certification from the Division of Water Quality. As a result of the site inspection and file review, the following violations are noted: Item I. Failure to Secure a 401 Water Quality Certification Impacts to a stream have occurred at this tract from culvert installation to approximately 200 linear feet of an unnamed tributary to Salem Creek. A 401 Water Quality Certification has not been issued or authorization has not been sought. A 401 Water Quality Certification is required for the above-mentioned impacts pursuant to 15A NCAC 2H .0500. Additionally, earthen fill to streams or wetlands requires proper permitting from the US Army Corps of Engineers and proper authorization from the NC Division of Water Quality with a 401 Water Quality Certification. These impacts must be restored or yroverly permitted If these impacts are to remain onsite, or additional impacts are to occur, a respective 404 Permit from the US Army Corps of Engineers and corresponding 401 Water Quality Certification from DWQ must be obtained. If you need assistance with these efforts, please call John Thomas with the US Army Corps of Engineers at (919) 554-4884 ext, 25 or Sue Homewood with the NC DWQ at (336) 771-5000. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer North Carolina ;Vatm allry Mr. Gene Lowder October 2, 2009 Paae 2 Requested Response This Office requests that you respond to this letter in writing within 30 days of Receipt of this Notice. Your response should address the following items: 1. Please provide a map that details amount and location of streams that were impacted. 2. It is required that you obtain authorization for the stream impacts, restore the area, or a combination of both. Please indicate in your response a schedule with dates detailing your intentions to either completely restore this site or properly secure a 404 permit and a 401 Water Quality Certification. [Note: It is the recommendation of DWQ staff that you secure a consultant to assist you with these efforts.] If you chose to secure an "after-the fact" authorization, then you must properly secure a 404 Permit from the US Army Corps of Engineers and corresponding 401 Water Quality Certification from the NC DWQ. Minimization and possible mitigation for these impacts may be required. Also, in order to secure a Section 401 Water Quality Certification from the Division of Water Quality you will need to submit an application for approval (see the Pre- construction Notification (PCN) Application at http://h2o.enr.state.nc.uslncwetlandslpcn.html), along with the appropriate fee, plans and maps. Thank you for your attention to this matter. This Office is considering sending a Recommendation for Enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact this Office at (336) 771-5000. Sincerel , Steve W. Tedder Water Quality Regional Supervisor Winston Salem Regional Office cc: John Thomas, US Army Corps of Engineers - Raleigh Regulatory Field Office (via email) DWQ NPS Assistance and Compliance Oversight Unit DWQ-WSRO ?? Iw vj d E ?d•??o9 c f ? 4' s •v •?m?y I L NO ?. a ? W °•c ?=- U = C o? a ? p ?c0..g 4 ''??'•' [l1 Q •N . o? ?• + V U W •Q iZ R l G t w ??i ? u pW ? ? 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Cl) r 0 a cc'O L r ? i5• j: 4.•.i .,n s•. it: Trees 57% 7% Native Regions M= Mountains P= Piedmont C= Coastal Plain M?stei List of Nattvc t ?r?ts Light Requirements S= Shade P= Partial5un F= Full Sun Moisture Requirements L= Low Moisture M= Moderate Moisture H= High Moisture A= Aquatic M P IC 5 P F M H A Medium to Lame Trees Acer barbatum Southern sugar maple x X X X 11 X Acer saccharinum silver maple x X X IX X Acer saccharum sugar maple x X IX X Betula alleghaniensis yellow birch x X X X Betula lenta cherry birch, sweet birch x X X X e u a nigra river irc rya aqua ca water hickory Carya cord#brmis bittemut hickory X ,X X X X X X X Carya glabra pignut hickory X IX X X X X X X arya ova a saga is ory Carya tomentosa mockernut hickory x X X X X IX X X Celtis leevigata sugarberry, hackberry x X X X X Chamaecyparis thyoides Atlantic white cedar x X IX X X Cladrastis kentuckea yellowwood x X X X Diospyros virginiana persimmon x X X X X X X X Fa us randifolia American beech x X X X IX X Fraxinus americana white ash x X X X X X rax nus penny anica green as raxinus prounda pumpkin ash, red ash X X X Juglans nigra black walnut x X X X X X Liriodendron tuiipifera tulip poplar, yellow poplar x X X X X X X Magnolia acuminata cucumber magnolia x X X X X Magnolia fraseri Fraser magnolia x X X Nyssa aquatica water tupelo x X x i x X X Nyssa sylvatica black gum x X X X x l x X X Nyssa sylvatica var. biflora swamp black gum x X X X X Oxydendrum arboreum sourwood x X X X X X X Picea rubens red spruce x X X X X Pinus echinata shortieaf pine x X X X X X Pinus palustris longleaf pine X X X X X Pinus rigida pitch pine x X X # of trees to be planted 40 5 1 7% 0 M P C S P F L M H A Pinus serotina pond pine X X X X Pinus strobus white pine x X I I X X X Pletanus occidentalis sycamore x X X X X X X Populus deltoides eastern cottonwood X X X X Populus heterophylla swamp cottonwood X X X X Prunus serotina black cherry x X X X X X X X Quercus alba white oak x X X X X X X Quercus bicolor swamp white oak X 1X IX X Quercus coccinea scarlet oak x X X X X Quercus falcate Southern red oak x X X X X X X Quercus pagoda cherrybark oak x X X X X X Quercus laurlfolia laurel oak x X X X X X Quercus lyrata overcup oak x X X X X Quercus margaretta sand post oak x X IX X Quercus marilandica black jack oak X X X X X X Quercus michauxii swamp chestnut oak 1X IX X X X X X Quercus nigra water oak 1X IX X X X X X Quercus phellos willow oak 1X IX X X X X X Quercus prinus chestnut oak x X X X X Quercus rubra Northern red oak x X X X X X Quercus shumardii shumard oak x X X X X X Quercus stellata post oak X X X X X X Quercus velutina black oak x X X X X X Quercus virginiana live oak x X X X Robinia pseudoacacia black locust X X X X X Taxodium ascendens pond-cypress X X X Taxodium distichum bald-cypress X X [ X Tilie americana var. heterophylla basswood x X X X X Tsuga canadensis Eastern hemlock x X X X X Tsuga caroDniana Carolina hemlock x X X xx X Ulmus alata winged elm X I X X X x X x Ulmus americana American elm x X I X X . X . X Small Trees Amelanchier arborea downy serviceberry, shadbush x X X I X X X Amelenchier canadensis Canada serviceberry x X X X Amelanchier laevis smooth serviceberry x X X X X Asimina triloba pawpaw X X X X X X arp nus caro un ana Ironwood, American nom beam ercs cane ens s eastern re u Chlonanthus virginicus white fringetree, old man's beard x X X X X X Comus altemifolia alternate-leaf dogwood x X X X Comus florida flowering dogwood X X X X X1 - X X Crateagus crus-gaRi cockspur hawthorn x X I X X X X X Crateagus flabellata fanleaf hawthorn x X X X Crateagus flava October haw x X X X X X Cyrilla racemlflora t its x X X X XI I r rax'nus caroliniana water ash X X X ordonia lasianthus l G oblolly bay x X X X X X 5 7% M1 P C S P F L M H A Halesia tetraptera (H. caroiina) common silverbell x X X X X Ilex opaca American holly x X X X X X X X Juniperus virginiana Eastern red cedar x X X X X X X Magnolia tripetala umbrella tree x X X X Magnolia virginiana sweetbay magnolia x X X X X X X Morus rubra red mulberry x X X X X X Osmanthus americana wild olive, devilwood x X X X Ost a vi iniana Eastern ho hombeam x X X X X Persea borbonia red bay X X X X X X Persea palustris swamp bay X X X X X X Pinus pungens table mountain pine x X X Prunus americana American wild plum X I X X X Prunus caroliniana Carolina laurel-cherry I x X X X X Quercus incana bluejack oak x X X X Quercus laevis turkey oak x X X X Rhus glabra smooth sumac x X X X I X Rhus hirta (Rhus typhina) staghorn sumac x X X Salix carolinlana swamp willow x X X X X X X Salix nigra black willow x X X X X X X Sassafras albidum sassafras x X X X I X X X Staphylea trifolia bladdernut x X X X Symplocos tinctoria horse-sugar, sweetleaf x X X X X X X Ulmus rubra slippery elm x X X X X Shrubs 10% 10% 25% 25% Shtuhs Aesculus sylvatica painted buckeye X X X IX X nus sen'uata* common alder X Aroma arbutifolia red chokeberry X X IX X X X X Baccharis halimifolia silverling X X X X X X Callicarpa americana American beautyberry X X X X X X a ycan us on us sweet-shrub as nea puma eg eny c m apin Ceanothus americanus New Jersey tea X X X X X X Cephalanthus occidentalis buttonbush X X X X X X Clethra acuminata mountain sweet pepperbush X 1 I X X X Clethra alnifolia sweet pepperbush X X IX X X Comptonia peregrina sweet fern X X X X omus amomum Silky ogw omus s a swamp ogwo Corylus americana American hazel, hazelnut X X X X X Euonymus americanus hearts-a-bustin', strawberry bush X X X X X X X Pothergilla gardeni witch-alder X X X X Gaylussacia frondose dangleberry X X X IX X X Hamamelis virginiana witch hazel X X X X X X X Hydrangea arborescens wild hydrangea X X X X X Ilex coriacea gallberry X X X X X Ilex decidua deciduous holly, possumhaw X X X X X Ilex glabra inkberry X X X X X X Ilex verticlllata winterberry X X X X X I X X X Ilex vomitorla yaupon holly X X X IX X Itea virginica Virginia willow X X X X X Kalmia angustifolia var. caroliniana lamb-kill, sheep-kill X X IX X X Kalmia lat folia mountain laurel X X X X X X 1 I Leucothoe axillaris coastal dog-hobble X X X X Leucothoe fontanesiana dog-hobble X X X 11 X Leucothoe racemosa fetterbush X X X I X X X Lindera benzoin spicebush X X X 11 X Lyonia ligustrina northern maleberry X X X X X X Lyonia luclde shining fetterbush X X X X Myrica cerlfera* Southern wax-myrtle X X X X X X X X Myrica cerifera var. pumile dwarf Southern wax-myrtle X X X X X Myrica heterophylla' bayberry, evergreen bayberry X X X X Pieris floribunda evergreen mountain fetterbush X X X X Rhododendron atlanticum dwarf azalea X X X Rhododendron calendulaceum flame azalea X X X Rhododendron catawbiense Catawba rhododendron X X X X X Rhododendron maximum rosebay rhododendron X X X X X Rhododendron periclymenoides pinxter flower, wild azalea X X X X 1 X Rhododendron viscosum swamp azalea X X X X Rhus copallina winged sumac X X X X X Rosa carolina pasture rose, Carolina rose I X X X X X Rosa palustris swamp rose ? x I x X X XV X # of Shrubs to be planted 66 13 M P C S P F L M H A 7 swamp rose X X X X X X iensis Alleghany blackberry X X X X Rubuscuneifolius blackberry X IX X X X X Rubus odoratus purple flowering raspberry X X X Salix humilis prairie willow X X X X Salix sericea silky willow X X X X X X Sambucus canadensis common elderberry X X X X X X Spiraea alba narrow-leaved meadowsweet X X X Spiraea latifolia broad-leaved meadowsweet X X X Spiraea tomentosa meadowsweet X X X X X X Stewartla malacodendron silky camellia X X X X Stewartia ovata mountain camellia X X X X X Styrax grandifolia bigleaf snowball X X X X X Vaccinium arboreum sparkleberry X X X X X X Vaccinium corymbosum highbush blueberry X X X X X X X X X Vaccinium crassffolium creeping blueberry X X X Vaccinium elllottli mayberry X X X Vaccinium stamineum deerberry, gooseberry X X X X X X Vaccinium pallidum lowbush blueberry X X X X X Viburnum acerifollum maple-leaf vibumum X I X X X X X Viburnum dentatum Southern arrowwood vibumum X X X X X X X Viburnum nudum possumhaw viburnum X X X X X X Viburnum prunifolium blackhaw viburnum X X X X X X Viburnum rafinesqulanum downy arrowwood X X X X Viburnum rulydulum rusty blackhaw X X X X X Xanthorhiza simplicissima yellowroot X X X X X X A mixture of trees and shrubs are to be planted in Zone 2. Approximately 470 trees and shrubs per acre shall be planted to ensure a target density of 320 trees per acre at maturity. Trees should be planted at 10' x 10' spacing throughout Zone 2. Shrubs shall be planted at 10' x 10' spacing near the top of the stream bank. If the above designated species are not available, they may be substituted by a similar species from these lists. Trees •70 trees shall be planted. -The minimum size for trees that are planted is 2.5 inches dbh (diameter breast height). -Trees are to be bare root or balled and burlapped (not containerized stock). Shrubs • 30 shrubs shall be planted. -The minimum size for shrubs planted in the restored riparian buffer is a one-gallon container. Id Lowder Grading -Griffith Road Stream Restoration Plan Construction Notes: -Work in stream is to be performed with no flow. - Contractor shall build impervious dam using sand bags and impervious fabric and silt check in down stream release area. The dam is to placed in the culvert so that there are no further temporary impacts to the stream. -Contractor shall pump stream around restoration area. -Proposed stream bed shall be graded in accordance with stream restoration plan. -Contractor shall install log structures in accordance with stream restoration plan. -Contractor shall place type 2 nonwoven filter fabric on/above log structures and on riffle stream bed as specified in plan. -Contractor shall temporarily and permanently seed lower stream banks. -Contractor shall mulch lower stream banks. -Lower stream banks shall be matted with Coir Fiber Matting (900 Weight). -Trench around matting, tuck in 6 inches and backfill. Tuck matting under rip rap when possible. Stake matting as necessary. -Place stone in riffle sections and around log structures per design. -After placing stone, contractor shall temporarily and permanently seed and mulch flood plain and upper banks. -Contractor shall matt flood plain and upper banks using coconut fiber matting (Jute Mat). -Install black willow live stakes per design. -Remove silt check and impervious dam. Description Quantity Pump Around 1 Each Temporary Seed (Cool Season - Annual Rye -130 lbs/acre) 40 lbs Permanent Seed (Tall Fescue/Lespedeza Mix - 300 lbs/acre) 120 lbs D50 Stone for Outlet Stabilization Structure (15" Average and well blended) 33 Cubic Yds Class A and B Stone and Railroad Ballast mix for Riffles (well blended) 25 Cubic Yds Logs (15' to 20' in length, approximately 12" min. dimater) 18 Hardwood Logs (oak, gum, hickory) Filter Fabric for Riffles and Outlet Stabilization (Type 2 Nonwoven) 125 sq yds Coconut Fiber Matting 1,000 Square Yds Coir Matting (900 Weight) 2 Rolls (6.5' x 165') Black Willow Live Stakes 200 Stems Proosed.Stream P rofile Device Station Elevation Top of Lo 149 708.1 Bottom of Log 149 707.85 Bottom of Pool 154 707.05 Top of Riffle 157 707.85 Bottom of Riffle 165 707.6 Top of Log 165 707.6 Bottom of Log 165 707.35 Bottom of Pool 170 706.55 Top of Riffle 173 707.35 Bottom of Riffle 181 707.1 Top of l0 181 707.1 Bottom of Lo 181 706.85 Bottom of Pool 186 706.05 Top of Riffle 189 706.85 Bottom of Riffle 197 706.6 Top of Lo 197 706.6 Bottom of Lo 197 706.35 Bottom of Pool 202 705.55 Top of Riffle 205 706.35 Bottom of Riffle 213 706.1 Top of Lo 213 706.1 Bottom of Log 213 705.85 Bottom of Pool 218 705.05 Top of Riffle 221 705.85 Bottom of Riffle 229 705.6 Top of Lo 229 705.6 Bottom of Lo 229 705.35 Bottom of Pool 234 704.55 Top of Riffle 237 705.35 Bottom of Riffle 245 705.1 Top of Lo 245 705.1 Bottom of Lo 245 704.85 Bottom of Pool 250 704.05 Top of Riffle 253 704.85 Bottom of Riffle 261 704.6 Top of Lo 261 704.6 Bottom of Lo 261 704.35 Bottom of Pool 266 703.55 Top of Riffle 269 704.35 Bottom of Riffle 277 704.1 Top of Lo 277 704.1 Bottom of Lo 277 703.85 Typical Riffle Cross Section Profile Station Riffle 0 107 5 107 10 104.5 15 102 20 101 33.28 101 36.25 100.37 38.3 100 40 100 41.7 100 45 100.6 46.72 101 65 101 70 102 75 103.5 80 105 85 105 Typical'RookCross Section-.Profile 'Station ° ,Pool 0 107 5 107 10 104.5 15 102 20 101 30 101 34.5 100 38 99.2 40 99.2 42.5 99.2 45.5 100 50 101 65 101 70 102 75 103.5 80 105 85 105 W o ¢ a w o ¢ o ? ? Z Op n?? o ?? ??0 0 u 71 w Q Q w w - W? o W 3 ?'I Q a? 4- 0 L a N O L. a 0 a? 0 Q O L .X l.LI UOIJenal3 m a? 4- O L a 4) 4- O L- a. E cn as O CL O L a Ln c O N b) or) r UOIJUAal3 o0 Cfl * N O co Cfl d CV . - T- ? r- r O O O O Profile C and Profile D Proposed Cross Sectional Profiles 110 108 106 104 a 0 d 102 w 100 98 96 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 Station d A O ? p o o I'' C7 C? 0 ti C7 O Z a ? ? `' ? Qo? o Z UO? z z z ? Z W Q li? ® QwW U ? Q p C7 cn G? h Z a Q I ? ? ? U O W ?, w 0 3 Nx ,? U FBI O Y .U. O 30 ? ? CL ? W l \ W G x ° U 3 U C .^ p 0 s F°- x .? v v U O O (y W z' /,s- O W ? ? ?s+ 3 R O .? C a+ W U O O v v YO U U .C ? ^ Y W O cAd ? •` cUtl N CL "aC., ? ? ?~ A I?lul V .fy I? rrTT??I rl'I 3 a al a z ?,.-?h - c LL I N? z G55 u hl 2? 1 c F D " V v D . _ ?'7s WW ? o ? B ? c °a ? ?da M '?.bb ^I cu u v 9 A ' ° 56 'x T(nr of goo o T^ .. _. -` `aa, a ° o ro o lui - ; u h m w (if ro $ o ° a g ICI, ,S E .."c a E" E c a a .o E -`o w '33Ny 3E _..- .- _ d o 6 F a c m L' d30 '035 ?;? - «. ? m C ? u, m ,qty Z c ?t o? ?F m M ` ? m $ t .o a li ? Q 'o I- 5 ^? - ?? rn v v, A 0 a N J Q Col IRA, > 09'11 Z •J m � w ��-•°�°��'d�, "�°�'y, � ^.3 `'• V 'SLOW m m Oi A p �n11 n T por z 3m w O > I r> y r y m Z Cl) p A D Gee o `.1 0OQ�N CD;Cr T pm�� yy r �pj}- agg< coo yin W � >r F O FN F A (? I ® ? ? I STREAYBM?Mt 1 1 STMAMOW r y ? n r N o C C F Practice Standards and Specifications 6.41 • : • 04 Definition A. structure designed to control erosion at the outlet of a channel or conduit. Purpose To prevent erosion at the outlet of a channel or conduit by reducing the velocity of flow and dissipating the energy. Conditions Where This practice applies where the discharge velocity of apipe, box culvert, diver- Practice Applies lion, open channel, or other water conveyance structure exceeds the permissible velocity of the receiving channel or disposal area. Planning The outlets of channels, conduits, and other structures are points of high erosion Considerations potential, because they frequently carry flows at velocities that exceed the al- lowable limit for the area downstream. To prevent scour and undermining, an outlet stabilization structure is needed to absorb the impact of the flow and reduce the velocity to non-erosive levels. A riprap-lined apron is the most com- monly used practice for this purpose because of its relatively low cost and ease of installation. The riprap apron should be extended downstream until stable conditions are reached even though this may exceed the length calculated for design velocity control. Riprap-stilling basins or plunge pools reduce flow velocity rapidly. They should be considered in lieu of aprons where overfalls exit at the ends of pipes or where high flows would require excessive apron length. Consider other energy dis- sipators such as concrete impact basins or paved outlet structures where site con- ditions warrant, (Figure 6.41 a). Design Criteria Design procedures for riprap outlet structures are presented in Appendix 8.06. The criteria for design of riprap outlets are: Capacity-10-yr, peak runoff or the design discharge of the water conveyance structure, whichever is greater. Tailwater depth--Determine the depth of tailwater immediately below the pipe outlet based on the design discharge plus other contributing flows. If the tailwater depth is less than half the diameter of the outlet pipe and the receiving stream is sufficiently wide to accept the divergence of flow, it is classed as a minimum tailwater condition. If the tailwater depth is greater than half the pipe diameter, it is classed as a maximum tailwater condition. Pipes that out- let onto broad flat areas with no defined channel may be assumed to have a min- imum tailwater condition unless site conditions indicate otherwise (Figure 6.41b). Apron size-The apron length and width can be determined according to the tailwater condition. If the water conveyance structure discharges directly into a well-defined channel, extend the apron across the channel bottom and up the channel banks to an elevation of 0.5 ft above the maximum tailwater depth or to the top of the bank, whichever is less (Figure 6.41c). 6.41.1 Virginia Department of Highways and Colorado State University Transportation Rigid Boundary Basin St. Anthony Falls Stilling Basin Figure 6.41 a Alternative structures for energy dissipation at an outlet (modified from Goldman, Jackson, and Bursztynsky). 6.41.2 I ? LJ T-fitting on CMP Outlet yk. 72 Nl N1.. ul , .6 - ^ 1 I IRRR TvnA IV Racin Straight Drop Spillway Stilling Basin Contra Costa County, Calif. USBR Type VI Baffle Wall Basin Practice Standards and Specifications Determine the maximum allowable velocity for the receiving stream, and design the riprap apron to reduce flow to this velocity before flow leaves the apron. r,alculate the apron length for velocity control or use the length required to meet. stable conditions downstream, whichever is greater. Grade-Ensure that the apron has zero grade. There should be no overfall at the end of the apron; that is, the elevation of the top of the riprap at the downstream end should be the same as the elevation of the bottom of the receiv- ing channel or the adjacent ground if there is no channel. Alignment-The apron should be straight throughout its entire length, but if a curve is necessary to align the apron with the receiving stream, locate the curve in the upstream section of riprap. Materials-Ensure that riprap consists of a well-graded mixture of stone. Larger stone should predominate, with sufficient smaller sizes to fill the voids between the stones. The diameter of the largest stone size should be no greater than 1.5 times the d50 size. A do r M?IIImUtI`i Tailwater ? 0.5 do v tl I?III =11111=TIII?III VIII =1 I IIiI=II 1?--- lllf?il 11 !_ 11110 I i? l l l I? =I (-L[I-= =1 ( l l I I =11 I I =1111 - _ _ _ ?? l I = I I =III I1-,11?.??_ ? t _--_ I? I l l ??I I -111 ITI l I f_ t, -1111?1111?-1111 Il ,?_ Maximum f=igure 6.41b Stage showing maximum and minimum tailwater condition. TaiiwatPr > 05 6, 6.41..3 Lo? Pipe Outlet to Flat Area- No Well-defined Channel MO A # Plan La II=I I 1- Il l fID id _ I I I IIITj Section AA *Filter Notes blanket 1. La is the length of the riprap apron. 2. d =1.5 times the maximum stone diameter but not less than 6". 3. In a well-defined channel ex- tend the apron up the channel banks to an elevation of 6" above the maximum tailwater depth or to the top of the bank, whichever is less. 4. A filter blanket or filter fabric should be installed between the riprap and soil foundation. Filter blanket Figure 6.41c Riprap outlet protection (modified from Va SWCC). 6.41.4 Pipe Outlet to Well-defined Channel Practice Standards and Specifications Thickness--Make the minimum thickness of riprap 1.5 times the maximum stone diameter. Stone quality-Select stone for riprap from field stone or quarry stone. The stone should be hard, angular, and highly weather-resistant. The specific gravity of the individual stones should be at least 2.5. Filter-Install a filter to prevent soil movement through the openings in the riprap. The filter should consist of a graded gravel layer or a synthetic filter cloth. Design filter blankets by the method described in Practice 6.15, Riprap. Construction 1. Ensure that the subgrade for the filter and riprap follows the required lines s and grades shown in the plan. Compact any fill required in the subgrade to the SpeClflCatl®n density of the surrounding undisturbed material. Low areas in the subgrade on undisturbed soil may also be filled by increasing the riprap thickness. 2. The riprap and gravel filter must conform to the specified grading limits shown on the plans. 3. Filter cloth, when used, must meet design requirements and be properly protected from punching or tearing during installation. Repair any damage by removing the riprap and placing another piece of filter cloth over the damaged area. All connecting joints should overlap a minimum of 1 ft. If the damage is extensive, replace the entire filter cloth. 4. Riprap may be placed by equipment, but take care to avoid damaging the fil- ter. 5. The minimum thickness of the riprap should be 1.5 times the maximum stone diameter. 6. Riprap may be field stone or rough quarry stone. It should be hard, angular, highly weather-resistant and well graded. 7. Construct the apron on zero grade with no overfall at the end. Make the top of the riprap at the downstream end level with the receiving area or slightly below it. 8. Ensure that the apron is properly aligned with the receiving stream and preferably straight throughout its length. If a curve is needed to fit site condi- tions, place it in the upper section of the apron. 9. Immediately after construction, stabilize all disturbed areas with vegetation (Practices 6. 10, Temporary Seeding, and 6.11, Permanent Seeding). Maintenance inspect riprap outlet structures after heavy rains to see if any erosion around or below the riprap has taken place or if stones have been dislodged. Immediately make all needed repairs to prevent further damage. 6.41.5 0 References Surface Stabilization 6.10, Temporary Seeding 6.11, Permanent Seeding 6.15, Riprap Appendix 8.06, Design of Riprap Outlet Protection 6.41.6 09- 1 3 5 8 Dr ` Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. -Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 and 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): Z 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ®No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Lowder Grading 2b. County: Forsyth !i 2c. Nearest municipality / town: Winston-Salem 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 2000 ANOUWAT D RQUAUTy ROMBR AINIM 3. Owner Information 3a. Name(s) on Recorded Deed: Mr. Gene Lowder 3b. Deed Book and Page No. 2535-2337 3c. Responsible Party (for LLC if applicable): Lowder Grading, Inc. 3d. Street address: 2810 Griffith Road 3e. City, state, zip: Winston-Salem, NC 27103 3f. Telephone no.: (336) 760-0477 3g. Fax no.: (336) 760-6640 3h. Email address: glowder@lowderinc.com Page I of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Michael Brame 5b. Business name (if applicable): ECS Carolinas, LLP 5c. Street address: 4811 Koger Boulevard 5d. City, state, zip: Greensboro, NC 27407 5e. Telephone no.: (336) 856-7150 5f. Fax no.: (336) 856-7160 5g. Email address: mbrame@ecslimited.com Page 2 of 12 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 6813-15-3398.00 Latitude: 30.038056 Longitude: - 1b. Site coordinates (in decimal degrees): 80.314083 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 1.63 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Salem Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is occupied by Lowder Grading, Inc. The eastern portion of the site contains buildings and parking areas for grading equipment. The western portion of the site contains undeveloped, graded land that is used for storing mulch. A culvert installed in a stream provides access to the western portion of the site. The culvert is 225 feet long. An NOV was issued by the NCDENR on October 2, 2009. The letter indicates that the culvert was installed within a stream channel for the purpose of providing more useable property and stabilizing the area. The impact occurred prior to the submission of a Pre-Construction Notification or any authorization, permit or 401 Water Quality Certification from the Division of Water Quality. The letter concludes that the impacts must be restored or properly permitted. The purpose of this submittal is to obtain nationwide permits for the culvert that will remain on the site and to restore the lower reach of the stream. 3b. List the total estimated acreage of all existing wetlands on the property: 0.1 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 400 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to reduce the existing impacts, restore the stream and obtain permits for a road crossing that will provide access to the western portion of the site. 3e. Describe the overall project in detail, including the type of equipment to be used: Approximately 91 feet of culvert will be removed to reduce the impacts. After being removed, a rip rap dissipator will be installed at the end of the culvert that will impact 15 feet of the stream, immediately adjacent to the existing culvert. Approximately 76 linear feet of stream will be restored. During the construction activities, water will be pumped around the construction site into a temporary retention basin before being discharged into the main stream. The attached plan details the proposed stream restoration activities. The work will be done using a backhoe, bulldozers, dump trucks and other grading equipment. Buffers will be established and planted with bottomland hardwood species and the area will be seeded and matted. Page 3 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown project (including all prior phases) in the past? Comments: Sue Homewood/NCDENR 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. September 25, 2009 - Ms. Sue Homewood with the NCDENR DWQ visited the site. A Notice of Violation, dated October 2, 2009, was issued for the site. A copy of the NOV is included as an attachment. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 12 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T ? Yes ? Corps W1 ? P ? T ? No ? DWQ W2 ? P ? T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ?-DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 2h. Comments: Wetland impacts are not proposed. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Culvert Unnamed ® PER ? INT ® Corps ® DWQ 4 134 S2 ® P ? T RipRap Unnamed ® PER ? INT ® Corps ® DWQ 4 15 S3 ®P ? T Restoration Unnamed ® PER ? INT ® Corps ® DWQ 4 76 S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: The total existing impact is to 225 linear feet of stream channel. The impacts will be reduced to 149 linear feet. Approximately 76 linear feet of stream channel will be restored. Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose number of pond Wetland Impacts (acres) Stream Impacts (feet) Flooded I Filled I Excavated I Flooded I Filled I Excavated Upland (acres) Flooded P1 P2 5f. Total 5g. Comments: Ponds and lakes are not proposed. 5h. Is a dam high hazard permit required? ? Yes ®No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for Temporarv (T) impact 131 ?P?T B2 ?P?T B3 ?P?T 6i. Comments: Buffer Stream name mitigation required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6e. 6f. 6g. Page 6 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation ?1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Mr. Gene Lowder contracted Mr. Barry Nelson, a hydrologist with Engineering Techtonics, to perform a wetland determination on the site in July 2000. Based on Mr. Nelson's letter to Mr. Lowder (included as an attachment), the site does not have wetland "hydrology" and would fail to qualify for the wetland definition of the Corps of Engineers. Mr. Lowder provided ECS with photographs showing the feature after the site had been cleared and graded (included as attachments). Mr. Lowder informed us that there was no water flowing through the feature at the time of the photographs. Mr. Lowder informed us that based on correspondence with Engineering Techtonics and his observations, he did not know that permits were required. The current proposal is to remove 91 feet of culvert from the stream. This will limit the culvert impacts to 134 linear feet. Rip rap will be installed at the outlet of the culvert that will impact 15 linear feet of stream channel. The rip rap will protect the integrity of the culvert and will prevent scouring and sediment discharge. The slopes will be 2:1 at each end of the culvert. The remaining road will be less than 100 feet wide. The road will provide access for skidders, pans, trackhoes, bulldozers, dumptrucks, wide trailers, chippers and other large grading equipment to the western portion of the site. The lower portion of the stream will be restored. Upon completion of the proposed project, approximately 250 linear feet of stream channel will be left undisturbed/restored from the current conditions. The wetlands on the site will not be impacted. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During pipe removal and restoration activities, water will be diverted around the construction area and into a temporary sediment basin with a rock weir before enetering the stream that is located along the southern boundary. The restoration area will be seeded and matted to prevent sediment from entering the stream before water will be released into the restored stream channel. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program project? pro ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. As part of the proposed project, ECS is preparing a mitigation plan for 91 linear feet of stream channel that will be daylighted as a result of removing the lower end of the culvert. Rip rap will be installed for dissipation and to prevent scouring that will impact 15 linear feet of the daylighted channel. The remaining 76 linear feet of stream channel will be restored, the banks will be seeded and matted, and trees will be planted in the adjoining flood plain. A copy of the mitigation plan is included as an attachment. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 12 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes- ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? less than 24 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The percent impervious is less than 24%. There are no curb and gutters or other mechanisms that collect and discharge a concentrated flow of stormwater. The percent impervious will not change or be effected by the proposed project. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Winston-Salem ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 9 of 12 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ® No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ® Yes ? No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): A culvert has been installed in a stream that provides access to the western portion of the site. The culvert is 225 feet long. An NOV was issued by the NCDENR on October 2, 2009. The NOV indicates that the culvert was installed within a stream channel for the purpose of providing more useable property and stabilizing the area. The impact occurred prior to the submission of a Pre- Construction Notification or any authorization, permit or 401 Water Quality Certification from the Division of Water Quality. The NOV concludes that the impacts must be restored or properly permitted. The purpose of this submittal is to obtain nationwide permits for the culvert impact that will remain and to restore the lower reach of the stream. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project will not result in additional development. The project will benefit water quality by restoring a reach of stream channel. 4. Sewage Disposal (DWQ Requirement) 4a. 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. The buildings on the site are connected to City of Winston-Salem sanitary sewer system. Page 10 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? We reviewed the endangered species list that is maintained by the North Carolina Natural Heritage Program to determine if federally protected endangered or threatened species or associated habitat are located on the Winston-Salem West, NC Quadrangle (the quadrangle that contains the site). The list identifies the Bog Turtle (Glyptemys muhlenbergii) as a federally protected threatened species (due to similarity of appearance). This vertebrate animal inhabits bogs, wet pastures and wet thickets. We did not observe this species or suitable habitat for this species on the site. Based on our observations, there are no federally protected threatened or endangered species or potential habitat on the site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The site is located in a watershed that is rated as Class C by the NCDENR. The waters on the site are not identified as trout waters. The endangered species list did not identify federally protected fish species that may use the site. We did not observe fish inhabiting the stream on the site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The site has been cleared and graded and used for a mulch storage yard. No artifacts have been encountered during grading activities. No historic structures have been located on the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: Portions of the project will be in Zone X and Zone AE. The project will not be in a designated floodway. The project will be removing soil from the restoration area which will provide more area for the 100 year flood. No fill will be brought in that will effect the 100 year floodplain. 8c. What source(s) did you use to make the floodplain determination? FEMA Maps, included as attachments. Pt'k,el T, fr,,me 213 6 Date Applicant/Agent's Printed Name Applicant/Agent's Signature Page 11 of 12 PCN Form - Version 1.3 December 10, 2008 Version T(Agent's signature is valid only if an authorization letter from the applicant is provided. Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version Dec. 2. 2009_ 3:27PM LOWDER INC No. 9442 P. 1 ECS Carolinas, L,L.P AGENT AUTHORIZATION This form authorizes ECS to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Quality field verification and permit application. Property Address: a Owner Information: Name: Address: LJ -S A/ C .2-7,--a 3 Telephone Number: 26, 7 6 !? 7 Z Fax Number: ]DQ 64,Y o E-mail Address: A &fa r- e /P?wa'- /,,oc i - 9 Signature: Date: e c 2- c X?D Lire &17 1 &17e ?/ s /l/c 5,:9ag (y _ Xt f 1+ n . ,! J -? t N SOURCE: FIGURE I r a s USGS TOPOGRAPHIC MAP SITE LOCATION MAP CAROLINA QUADRANGLE m imp GRIFFITH ROAD WINSTON-SALEM WEST, NORTH mp LOWDER GRADING COMPANY DATED 1951, REVISED 1994 ?+? ply ?? ?+ FORSYTH COUNTY, NORTH CAROLINA SCALE: I"=2,000' ?.?AFUJ? VI'1?7 ECS PROJECT NO. 09-17901 A F SOURCE: RIAL PHOTOGRAPH FROM E DAVIE COUNTY, NC BSITE AND FIELD NOTES RED BY ECS PERSONNEL Scale: F'= 200' FIGURE 3 STREAM/WETLAND LOCATION MAP APPROXIMATE 88.329 ACRE TRACT NC HIGHWAY 801 BERMUDA RUN, NORTH CAROLINA ECS PROJECT NO. 09-18001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Lowder Grading Company - Griffith Road Project No: Date: December 2, 2009 Applicant/Owner: Lowder Grading Company County: Forsyth Investigators: ECS Carolinas, LLP 09-17901A State: NC Plot ID: DP-1 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation:)? • The site has been cleared and graded Is the area a potential Problem Area? on the reverse side UYes N No Community ID: Cleared land ®Yes ? No Transect ID: Field Location: In Culvert Repair Area ?Yes ® No VEGETATION Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator Percent of Dominant Species that are OBL, FACW or FAC: (excluding FAC-) 0% FAC Neutral: 0% Numeric Index: Remarks: There is no established vegetation in the stream restoration area. Therefore, the dominant vegetation is not hydrophytic. HYDROLOGY Recorded Data (Describe in Remarks): ? Stream, Lake or Tide Gauge ? Aerial Photographs ? Other ® No Recorded Data Field Observations Depth of Surface Water: 0" Depth to Free Water in Pit: >12" Depth to Saturated Soil: >12" Wetland Hydrology Indicators Primary Indicators ? Inundated ? Saturated in Upper 12 Inches ? Water Marks ? Drift Lines ? Sediment Deposits ? Drainage Patterns in Wetlands Secondary Indicators ? Oxidized Root Channels in Upper 12 Inches ? Water-Stained Leaves ? Local Soil Survey Data ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: Wetland hydrology indicators are not present. (Wetform) Pagel of 2 DATA FORM ROUTINE WETLAN D DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Lowder Grading Company - Griffith Road Project No: Date: December 2, 2009 Applicant/Owner: Lowder Grading Company County: Forsyth Investigators: ECS Carolinas, LLP 09-17901A State: NC Plot ID: DP-1 Map Unit Name(Series and Phase): Chewacla loam ? No ? ®Y i I l d i d H Map Symbol: Ch es on nc us r c Mappe y Drainage Class: Somewhat poorly drained Field Observations Confirm Mapped Type: ?Yes ® No Taxonomy (Subgroup): Fluvaquentic dystrochrepts Profile Description Depth Matrix Color Mottle Color Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure, etc. 0-12 7.5YR 4/6 0% Loam L Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed on Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low Chroma Colors ? Other (Explain in Remarks) Remarks: Hydric soil indicators are not present. WFTLANn DF.TFRMINATION Hydrophytic Vegetation Present? UYes [L<' I No Is the Sampling Point within the Wetland? UYes LN No Wetland Hydrology Present? ?Yes ® No Hydric Soils Present? ?yes ®No Remarks: The three wetland criteria are not present. The sampling point is not located within a wetland. (Wetform) Page 2 of 2 . ! ## ?a Photograph showing stream before it was piped. Photograph showing stream before it was piped. Photograph showing stream before it was piped. ENGINEERING TECTONICS, P.A. GEOTECHNICAL a ENVIRONMENTAL ENGINEERS P.O. Box I, Winston-Salem, NC 27108 (335) 724-5994 Wednesday, May 31, 2000 Mr. Gene Lowder C D Lowder Construction Inc. 1305 Chardale Drive Ciernrnons, North Carolina 27012 RE: Historical Aerial Photo Review Griffith Drive @ NAfWT1P Forsyth County, North Carolina Dear Gene, :1? ems. ?. 71 1 n;nld1 Inc. Engineering Tectonics P. A. has completed a ;review of the aerial photographs of the site across from the City of Winston-Salem Waste Water Treatment Plant on Griffith Road. A summary of the photographs of the property is provided below. Based on our review, we did not observe any indications of adverse land uses that would preclude your land purchase and development. Historical Aerial Photograph Review: 1951 (Map r 153) Open pasturage, no wetlands. Pass ure to creel- bed. 1958 (Map # 4-03) Open grass with hay crops. No WVVl'P yet. 1966 (Map 'r 96) WWTP in place at this time. Grass with hay crops. No wetlands or industry present. 198A (/lap # 21-438) Open, no concrete plant. Residential and light industry present at this time. 1990 (Map # E 11) Unidentified _)?Iindrical concrete structures northwest of site. a I 1994 (Map =r 606834) Loaded with potential wetlands. Concrete structures from 1990 map no longer present. If you have any questions or desire additional information, please do not hesitate to contact me at (336) 724-6994 ext. 104. Sincerely, ENGINEERING TECTONICS P. A- }} 4 I V A Barry Nielson Senior Geologist 1, ENGINEERING TECTONICS, P.A. GEOTECHNICAL & ENVIRONMENTAL ENGINEERS P.O. Box I, Winston-Salem, NC 27108 (336) 724-6994 1 July 26, 2000 Lowder Construction Co. 1705 Chardale Drive Clemmons, NC 27012 Attn: Gene Lowder Subject: Jurisdictional Wetlands Griffith Road Site Dear Gene: As per your request, Engineering Tectonics, P.A. has obtained a copy of the Forsyth County USDA Soil Conservation Service Soil Survey. We have identified the Grifith Road Tract and determined that there are no wetland soils on the tracts that would qualify as jurisdictional wetlands by the US Army Corps of Engineers. During a couple of site walkovers, we did not observe sufficient condtions of "hydrology" that would put the watertabl.e at or within 6-12 inches of the land surface with the exception of in the watercourses or streambeds. Therefore, the absence of this condition leads us to believe that the site would fail to qualify for the wetland definition of the Corps of Engineers. Should you have any questions or desire additional information, please do not hesitate to contact us. Thank you for your business. Very truly yours, ENGINEERING TECTONICS, P.A. A. qel, G Chief Hydrologist ?A , G r RECEIVED J U L ? 8 2000 I a scalf; 16 Aa r a: g 9` 3 orre :ask v,^,?? ne,nvs & rve`a ' Home » Map Viewer ;i ?e P? oc s n _ a Map Viewer View areas at risk of floods in the United States and territories. Search by address, state or zip code or use advanced search optio hurricanes and other hazards. Geocoder (1) Flood Map Viewer File l.l Navigation Quick Zoom ?C`? R! , B G? Q + e-z() 'e-z8 + AK NI ro A YI As 69 s Ilil/ us w a R!, yi 1 1; ,? 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