HomeMy WebLinkAbout20091358 Ver 1_401 Application_20091209giLLP
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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
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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
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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 !_
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_--_ 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 '
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