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HomeMy WebLinkAboutSW7110205_CURRENT PERMIT_20120203STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW;7//O)Z)!5 DOC TYPE CURRENT PERMIT Cl APPROVED PLANS ❑ HISTORICAL FILE DOC DATE roZ�2 YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary February 3, 2012 Mr. Kim Old, Manager Quality Homes of Currituck, LLC 101 Commerce Drive Moyock, NC 27958 Subject: Stormwater Permit No. SW7110205 Modification Merchants Commerce Center, Phase High Density Commercial Subdivision Wet Pond Project Gates County Dear Mr. Old: The Washington Regional Office received a complete Stormwater Management Permit Modification Application for Merchants Commerce Center, Phase I on December 30, 2011. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7110205 Modification, dated February 3, 2012, for the construction of the project, Merchants Commerce Center, Phase 1. This Modification is to include lots 1-8 and 14-20 to already permitted lots 9-13, Tract 3, Commerce Drive and two stub streets as well as a portion of Soney Lane and future road "B". This permit shall be effective from the date of issuance until February 3, 2020, shall void permit SW7110205 issued on April 13, 2011 and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Samir Dumpor, or me at (252) 946-6481. �incerelj, Al H e �� Regional Su erv[sor Surface Water Protection Section AH/sd: KISDIPermits — Wet Pond1SW7110205 Mod cc: Mel Hopkins, PE, Mel Hopkins Engineering, PLLC (204 Walden Drive, Yorktown, VA 23692) Gates County Inspections V"'Washington Regional Office North Carolina Division of Water Quality Intemet: www.newaterqualitv.oig 943 Washington Square Mal[ Phone: 252-946.6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal OpportunitylAfirmafive Action Employer — 50% RecycleV 0% Post Consumer Paper ;Vatuml& •y State Stormwater Management Systems Permit No. SW7110205 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Qualify Homes of Currituck, LLC Merchants Commerce Center, Phase 1 Gates County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until April 13, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 on page 3 of this permit. The commercial subdivision is permitted for lots 1-20, each allowed a maximum of 60% of built - upon area, the right-of-ways each allowed a maximum of 45% of built -upon area. 6 residential lots each allowed a maximum of 30% of built -upon area and library site with a 54% built -upon area maximum allowed. (see Table "A") 3. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. This pond must be operated with a 30' vegetated filter. 5. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. Page 2 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification 0 7 The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. b. C. d. e. f. h. i. k. 1. m n. 0. p_ q- r. Drainage Area, ft2: Total Impervious Surfaces, ft2: Average Pond Design Depth, feel TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL Permitted Surface Area @PP ft2: Permitted Storage Volume, ft�: Storage Elevation, FMSL: Predevelopment 1 year 24 hour: Post development 1 year 24 hour Controlling Orifice: Permanent Pool Volume, ft3 Forebay Volume, ft3: Maximum Fountain Horsepower: Receiving Stream 1 River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE 1,799,460 919,551 4.50 85% 1.5" 22.00 63,986 115,434 at temporary pool el. 23.60 31.59 25.34 2-3"0 pipe 300,717 59,428 1.0 HP Bennetts Creek 1 Chowan River basin 25-17 "C;NSW" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: Page 3of10 State Stormwater Management Systems Permit No. SW7110205 Modification a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The permittee shall submit for approval, final site layout and grading plans for any permitted future development areas shown on the approved plans, prior to construction. 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 14. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 15. Prior to the sale of any lot, the following deed restrictions must be recorded. - Page 4 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7110205 Modification, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is limited to (see Table "A"). This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools.. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. i. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. .1. If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BUA. 16. A copy of the recorded deed restrictions must_ be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 18. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. G. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1.0 HP. Page 5 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification 20. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. 21. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. Ill. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2008- 211, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Page 6 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification 12. This permit shall be effective from the date of issuance until February 3, 2020. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 3rds day of February, 2012. NORWH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION fo?'Charles Wakild; P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7110205 Modification Page 7 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification Merchants Commerce Center, Phase I Page 1 of 2 Stormwater Permit No. SW7110205 Modification Gates County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved . plan. cc: NCDENR-DWQ Regional Office Gates County Building Inspections Page 9 of 10 State Stormwater Management Systems Permit No. SW7110205 Modification Merchants Commerce Center Phase I Table "A" Area 2 57,064 34,238 3 59,732 35,839 4 57,000 34,200 5 57,000 34,200 6 57,000 34,200 7 57,000 34,200 8 57,000 34,200 9 56,400 33,840 10 90,238 54,142 11 59,055 35,433 12 53,054 31,832 13 53,054 31,832 14 52,818 31,690 15 52,836 31,701 16 55,613 33,367 17 51,883 31,129 18 52,020 31,212 19 52,020 31,212 20 52,020 31,212 Sub Total: 1,131,796 679,072 Library Site: 130,736 6 Residential Lots: 157,251 Open Space: 131,879 RNV Phase I: 180,599 RNV Tract 3: 93,084 Total: 1.799.4( 70,597 (54% allowable built -upon area) 47,175 (30% allowable built -upon area) M W 81,000 (45% allowable built -upon area 41,707 (45% allowable built -upon area 919,551 sf Page 10 of 10 ROY C1001-TR (•IIY r�I II(If .�rl r r1ru„ S. DANO-1. SMITH l 11r.'i'r, fl' Glenn A. Cary, Jr., Registered Agent Briarwood Forest Products, Inc. P.O. Box 211 South Mills, NC 27976 Dear Mr. Cary; NOR Ern�irnrr nrrn tell l�ualrt y July 17, 2019 Subject: Stormwater Permit Renewal & Ownership Change Stormwater Management Permit SW7110205 Merchants Commerce Center Gates County W't�'a A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7110205 for a stormwater treatment system consisting of a wet detention pond serving the Merchants Commerce Center located on US Hwy 158 in Gates County expires on February 3, 2020. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. The permit was originally issued to Quality Homes of Currituck, LLC. It was noted in the Gates County tax records that the property is now owned by Briarwood Forest Products, Inc. Permits are not automatically transferred to new owners without the submittal of an ownership change application and fee. Please submit a completed permit renewal application along with a $505.00 fee for permit renewal and an ownership change application with an additional $505.00 fee. Application forms for renewal and ownership change can be found on our website at: North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at Sincerely, Roger K. Thorpe Environmental Engineer Norl II s_:1:,11'sn.I Np<rr woilt of Envinjorreill;It Quo [it y I FFivision of {'.ncrgy, Minna! and #.. iul Re "horn"; _ W:ISInru+Inn ko.gio:o1 ("Nice y I_i V';u;IIiWAOO Sq,Z 'e'. NIA l I M, Hng1nn,NorI [I C oliIla J7fift',t 1i prynawm of faMEumrllal 0.0 2S2.946.6481 l o`c0 DWQ USE ONLY Date Received Fee Piiid Permit Number 5 W !3 Applicable Rules: ❑ Coastal SW -'1995 ❑ Coastal SW - 2W8 ❑ Ph 11 - Pest Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Unive rsal Stormwaler Management an ❑ Other WQ M gmt Plan: 1 C State of North Carolina Department of Environment and Natural Resources RECEIVED Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM DEC 3 0 2011 Thus form may be photocopied for use as art original I. GENERAL INFORMATION D Y V Q- V Y ARO "1. Project. Name (subdivision, facility, or establishment name - should be consistent with Project name on plans, specifications, letters, operation and maintenance ag memenLS, (tc.): Merchants Commerce Center Phase 1 2. Location of Project (street address): Gales Count -1UU Block of Route "158 across the street from the Cates Count Hiph School City: County:Gates Zip:27938 3. Directions to project (from nearest major intersection): Traveling; in a southerly direction along County Road 1300. when you reach the intersection of Route JIM and Route 158 turn right and advance 3UUU feet to the intersection of Soney Lane(private street and Route 158. Soney Lane will he the main entrance to the site. 4. Latitude:36D 26' 43" N Lonp itu de:76' 42' 32" W of the main Entrance to the project. II_ PERMIT INFORMATION: 1. a. Specify whether Project is (check one): ❑New ®Modification b.lf this application is being; submitted as the result of a modification to an existing permit, list the existing; permit numberSW7110205 , its issue date (if known)04/13/2U11 , and the status of construction: ❑Not Started ®Partially Completed' ❑ Completed* "proviik a designer's certification 2. Specify the type of project (check one'): ❑Low Density ®High Density ❑Drains to an Offsite Storm water System []Other 3. If this application is being; submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the: stormwate:r project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service'. Center at 1-877-623-6748): ❑LAMA Major ®Sedimentation/Erosion Control: 36.0 ac of Disturbed Area ❑NPDES Industrial Stormwater M404/401 Permit: Proposed Impacts None b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: III. CONTACT INFORMATION 1. a. Print Applicant / Signing, Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:lCim Old/Ouality Homes of Currituck LLC Signing Official k TitleXim Old/ Owner b.Contact information for person listed in item "la above: Street Address:101 Commerce Drive City:Moyock State:NC Zip:27958 Mailing, Address (if applicable):same. City: Phone: (252 _} 207-2223 Email:kimold<<)williamewood.com State: Fax: Zip: c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending, sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Infonnation, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organisation-Kim OldLQuality Homes of Currituck LLC Signing, Official & TitleXim Old / Owner- Developer b.Contact information for person listed in item 2a above: Street Address:101 Commerce Drive City:Moyock State:NC Zip:27958 Mailing; Address (if applicable):same City: Phone: (252 } 207-2223 Email:kimoldC?williamewood.com State: Zip: Fax: (757 ) 213-1909 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization:Al Carry Signing Official k Tide:Contractor b.Contact information for person listed in item 3a above: Mailing; Address:"194 Sharon Church Road City:South Mills State:NC Zip:27976 Phone: (252 ) 333-8596 Fax: Email:briarwoodforest« etscape.com 4. Local jurisdiction for building; permits: Gates Count Point of Contac:t:Morgran Jethro _ Phone #: (252 ) 357-0122 Extension 1700 IV. PROJECT INFORMATION J. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater runoff will be collected in lot line swales and roadside ditches then conveyed to a wet detention facility. The facility is designed with the appropriate SA/DA ratios and the stormwater collected will draw down within the 2-5 day preferred period of drawdown. 2_ a_ If claiming; vested rights, identify the supporting; documents provided and the date they were approved: ❑ Approval of a Site Specific Development PIan or PUD Approval Date: ❑ Valid Building, Permit Issued Date: ❑ Other: Date: b.Identify the reg;ulabon(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph 11 - Post ConsLrucLion 3. SlormwaLer runoff from this project drains to the Bennettes Creek /C howan f_ - River basin. 4. Total Property Area: 41.31 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 arras 7. Total Property Area (4) - Total Coastal Wetlands Ania (5) - Total Surface Water Area (6) = Total Project Area+:41.31 acres + Total project area shall be calculated to exclude the following the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Hi It Water (NHW) li►tc or Mean High Water (MHIq line, and coastal wetlands landward from the NHW (or MHIlitte. The resultant pproject area is used to calculate overall percent built upon area (B UA). Nott-coastal wetlands landward of the NHtN (or MHW) line ??itnj be included in the total project area, 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 51.1 % 9. How many drainage areas does the project have?] (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following, information for each drainage area identified in Project Information item 9. if there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area A Drainage Area _ DrainaM Area _ Drainage Area _ Receiving; Stream Name Bennetts Creek Stream Class " C;NSW Stream Index Number 25-17 Total Drainage Area (so 1,799,460 On -site Drainage Area (so 1,799,460 Off -site Drainage Area (so 0 Proposed Impervious Area'' (SO 919,551 I % Impervious Area (total) 1 51.1 Impervious— Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area On -site Buildings/Lots (so 306,470 On -site Streets (so 128,055 On -site Parking; (so 439,048 On -site Sidewalks (so 45,978 Other on -site (sf) Future (so 0 Off -site (so 0 Existing; BUA'' (so 0 Total (so: *919,531 Stream Class and Index Number can be determined at: It t2o.ettr.state.nrc.us ims r orts r ortsilVB.ltt»rl Impervious area is defined as the built upon area including, but not limited to, buildings, roasts, parking areas, sidewalks, gravel areas, etc. 'Report only that amount of existing BUA that will retnain after development. Do not report arty existing BUR that is to be rerttored and which will be replaced by new BUA. 11_ How was the off-ske impervious area listed above determined? Provide documentation. NA Projects in Union Counh': Contact DWQ Central Office staff to check if'the project is located i0thin a 'Threatened &. Endangered Species n•atershed that niay be subject to »tore stringent storntit-ater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each 13MP specified for this project. The Iatest versions of the forms can be downloaded from htt12://h2at�nr.state.nc.us/su/hmp forms.htm. VL SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://h2o.enr.statE:.nc.us/su/hmp forms.htm_. The complete application package should be submitted to the appropriate DWQ Office. (The appropriates office may be found by locating; project on the interactive online map at htt : h2t).enr.st.at(,.nc.us su msi ma s.htm.) Please indicate that the following required information have been provided by initialing; in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from httl+://h2o.enr.statcs.nc.us/su/bmp_forms.htm. lniiia 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarimd Deed Restrictions & Protective Covenants Form. (if required as per Part V11 below) — 3. Original of the applicable Supplement Form(s) sealed si yned and dated and O&M agreement(s) for each BMP. 4. Permit application processing, fee of $505 payable to NCDENR. (For an Express review, refer to � htlp://www.envhelp.org;/12ag;es/t)nestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting,.) 5. A detailed narrative (one to two pages) describing, the stormwater treatment/management for 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the _ receiving; stream drains to class SA waters within' z mile of the site boundary, include the'. s mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including,: a. Development/Project name. b. Engineer and firm. c. Locabon map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the. MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing; drainage (including; off -site), drainage easements, pipe sixes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, net as a separate document). P. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring; locations with the existing, elevations and boring, logs. Include an 8.5"Al" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining; the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifij the SHIRT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed hook: 259 Page No: 100 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC _ Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact lnfonnation, item I a, 2a, and/or 3a per NCAC 2H:1003(e). The corporation or LLC must be listed as an active corporation in good standing; with the NC Secretary of Slate, otherwise the application will he returned. htLp://www.secretaU.sLaLe.nc.us/CorporaLions/CSearch.aspx VH. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Far all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to he recorded prior to the sale of any lot. If lot sires vary significantly or the proposed BUA allocations vary, a table listing; each lot number, lot sue, and the allowable built -upon area must he provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can he downloaded from httl2://h2o.enr.state.nc.us/su/bmp forms.htm#deed restrictions. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring, that the deed restrictions are recorded. By the notarized signature(s) bellow, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing, requests for additional information). Consulting; Engineer:Mel Hopkins PE Consulting; Firm: Mel Hopkins EngineerinZ PLLC Mailing Address:204 Walden Drive City:Yorktuwn Slate:VA Zip:23692 Phone: (757 812-981.8 _ Fax: (NA ) Email:hopkinsixOil cox.net IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 hips been filled out, complete this section) 1, (print or type name of person listed in Contact information, item 2a) Kim Old certify that own the property identified in this pen -nit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) Kim Old with (print or type name of organization listen in Contact Information, item IN Quality Homes of Currituck LLC to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the lcyal propttr'ly owner I acknowledge, understand, and agive by my signature below, that if lny desipnated i;lrnt ft:lltity ti,tiic I in C'Ontrir.l lnitlrnlillinn, item 1) tlissolvts their company and/or cant cEw or tlrlanEls on their le;is(� ,lgrueme it; or pendinl; sale, responsibility for compliance with the t.)VVQ Stormwater permit reverts bark to rim, the Ilroptsly ownr:r. As tile.. properly owner, it is my respoii4ibility to notify DWQ immetlialely and sitbmil. a 4,0111plole,d Name/Ownership Chanivo Form wilhin 30 days; othorwise I will Ile ol?erating a stornlwalvr treabllcnt Gwilily withoiil:a valid pernlil.. I undefstand that the t)pel•ation of a slo mwater treatment facility withotita Valid ptn-mit is a violation iii IV(_: Conel,il Slalur, "I •t3 215."1 and may rustill. in ,approprialt.• l]nforcenwill acl dill incllldinj( thl: assessmetil of .evil pellalb!%of , til J;25,1u1U percl, , p(irsuaiii"to N(,C,S "f93-215.t,. Sign-wilre'._ ». �.__ _ t� 17Me: lil,o rj lJl o a Notary Public, foi- flit! Slat. of .. _�ilL.��'i(i �.i{ (.'t�utlly of "- _L ,:to hereby that ll.fore nu, thisQ dayf�i'_rll3p:::iortn .�' nl acknlvl(d}tthon ?_,I- l}LaEi:aN.tf fui a s(urinhate.r permit. Witnes% my hand and Official seal, _" SEAI , MY coil mission exjlir(:,; N1.CU X. APPLICANTS cc.wriHCA'rTON 1, fhr•iltt „r- ty r: rlrtrlle a1,11orsutr lister! ill Collhrcl IrrJ;trrittrliuu, ih'nr 2) c urtify that the informs ilioll included on this pormil-glplicatimt ftn'm is, to the il(,,st of nib' know)(?ill,(, corret'l and tllal tht� hrtijtsct will Lre 0141 stt'uctetl in 01111' lrmanl•e with the approv[td plans, thal t1le rE:yilirt:il deed restrictions and protectivt: covenants will be rvcmdud, an(I that (he proposed project-orrlpli[:5 with the require meilIs oftIN? applicable, Stclrlllt� t�r/r�ules snide 15)� NC' 2 11 1, St.. 200fi--?46 (Hi. )I -- Post Construction) or Si, 200l;.'' Signature:_ �? -- 1)att_'. a ?rotary Public for the Stale of t�:illty of IAU.[.(.Vk_�.._ , do herebv reI,tifv that—,(��}�a �I`.1tWlV � .,.._.__ tit rstlrlally rlppearoni bt+fort: rn(: i:hi.vlu (I:ly Of � x�----- _.___ f�dL� . l! + acknotvle_dge the tit r 'xct:nlioll of tht: applical ion for :l Slormwflte..r permit. Witiv:ss my hand and official seal, _. 4� _-�..:._�,11�41-�-(.��''�-_.. SPAI� t�1)F COInTr11ti5it�11 E \' lli'Cti 6%, am - ----- MEL HOPKINS ENGINEERING, LLC 204 WALDEN DRIVE YORKTOWN, VA 23692-3520 Pay fo the~.' Order of_ For ' 11.07 Tom] �pj ice— V ate Q a..vuq .A Permit No. too be provided by owoY �� O�uF vV FV 7E-9QC NCDENR a � STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part IP) most be printed, filled out and submitted along with all of the required information I. PROJECT INFORMATION Project name Merchants Commerce Center- Phase t Contact person Mel Hopkins PE Phone number 757-812-9818 Date 1115M1 I Revised to 30MI1 Drainage area number Area A 11. DESIGN INFORMATION Site Characteristics Drainage area 1,412,651 fie Impervi" area, post-devetopment 243,065 f1? °% impervious 17.21 % Design rainfall depth 15 in Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff Post -development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the pre/post control of the lyr 24hr storm peak flow required? 1-yr, 24-hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intensity: 1-yr. 24•hr storm Pre -development 1-yr, 24-hr peak flow Post -development I-yr, 24-hrpeak flow Pie/Post 1-yr, 24hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation (approx. a1 the perm. pool elevation) Tap of 10fl vegetated shelf elevation Bottom of 1Off vegetated shelf elevation Sediment cleanout, lop elevation (bottom of pond) Sediment cleanow, bottom elevation Sediment storage provided ?3 there additional volume stored above the slate -required temp. pool? Elevation of the top of the additional volume 36,200 ft3 122,897 ft3 it, fi3 ft� f<3 ftj Y {Y or N) 3.1 in OK OK,.volume provided is equal to or in excess of volume required. 0.35 (unitless) 0,70 funitless) 3.06 in/hr OK 16.37 ff3Mec 9.44 ft'/sec -8.93 ft'/sec 24.71 fmsl 23-00 fmsl 22.50 first 23.50 fmsl 22.50 fmsl 18.00 fmsl 17.00 fmsi 1.00 ft (Y or N) 24.7 fmsl OK APR 05 2Q11 Form SW401-Wet Detention Basin-Rev.8-9)17109 Parts I. & 11. Design Summary, Page 1 of 2 Permit No. (to be provided by DWQ) II. DESIGN INFORMATION Surface Areas Area, temporary pool 34,652 ft' Area REQUIRED, permanent pool 16.952 ft' SAIDA ratio 1.20 (unitless) Area PROVIDED, permanent pool, AP„n-,.d 26,323 ft` OK Area, bottom of 10ft vegetated shelf, Aba ,h,, 22,388 W Area, sediment cleanout, top elevation (bottom of pond), Ab, ➢„� 9,464 ft` Volumes Volume, temporary pool 122.897 ft' OK Volume, permanent pool, Vp,"-P,d 93,141 ft3 Volume, forebay (sum of forebays if more than one forebay) 16,785 h3 Foiebay % of permanent pool volume 16.0% 1,6 OK SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? MountairuPiedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table): Calculation option 1 used? {See Figure 10-2bl Volume, permanent pool, Vp, nor Area provided, permanent pool. Ap„n p,d Average depth calculated Average depth used in SAIDA, d., (Round to nearest 0.5h) Calculation option 2 used? (See Figure 10-2b) Area provided, permanent pool, AP„ -Pod Area, bottom of I M vegetated shelf, Ab,, d r 85 % Y (Y or N) N (Y or N) 1:20 (unitless) (Y or N)_ 93,141 ft' 26,323 fl' 366 ft OK ft Y (Y or N) 26.323 ft' 22,388 W Area, sediment deanoul, top elevation (bottom of pond), A ,, pod 9.464 ft' "Depth" (distance b/w bottom of 1 Oft shelf and top of sediment) 4.50 fi Average depth calculated 3.66 ft OK Average depth used in SAIDA, da, (Round to nearest 0.5ft) 3.5 ft OK Drawdown Calculations Drawdown through onfice? Diameter of orifice (f circular) Area of orifice (if -non -circular) Coefficient of discharge (Co) Driving head (H,) Drawdown through weir? Weir type Coefficient of discharge (C ) Length of weir (L) Driving head (H) Pre -development 1-yr, 24-hr peak Flow Post -development 1-yr. 24-hr peak flow Storage volume discharge +ale (through discharge orifice or weir) Storage volume drawdown time Additional information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width ratio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures ari runoff at uitimate build -out? Drain mechanism for maintenance or emergencies is. Y LY or N) 2-2 inch in in2 0.60 (unitless) IA2 ft N (Y or N) (unitless) (lurilless ( ft ft 18.37 ft'/sec 9.44 h Isec 013 ft'lsec 3.29 days OK, draws down in 2-5 days. 3 :1 OK 10 :1 OK 100 ft OK 3 :1 OK 2.0 :1 OK Y (Y or N). OK 1.8 ft OK Y (Y of N) OK N (Y or N) insufficient. Recorded drainage easement required N (Y or N) Required to capture all runoff from the uitimate buiid-out Forth SW401-Wet Detcnrfon Basin-ReV.9-W7M Parts r. & n. Design Summary, Page 2 W 2 Permit No. (to be provided by DING) Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initiai below. If a requirement has not been met, attach justification. Pagel Plan initials Sheet No. �y 1. Plans (V - 50' or larger) of the entire site showing: y - Design at ultimate build -out, - Off -site drainage (If applicable). - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. 2. Partial plan (1' = 30' or larger) and details for the wet detention basin showing: ry Outlet structure with trash rack or similar, Maintenance access, - Permanent pool dimensions, Forebay and main pond with hardened emergency spillway, - Basin cross-section, - Vegetation specification for planting shelf, and - Filter strip. 3. Section view of the wet detention basin (1' = 20' or larger) showing: - Side slopes, 3:1 or lower, Pretreatment and treatment areas, and Inlet and outlet structures. _ 4. If the basin is used for sediment and erosion control during construction, dean out of the basin is specified on the plans prior to use as a wet detention basin. _�6 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. _ 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. �-G 7. The supporting calculations. 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. —� 9. A copy of the deed restrictions (if required). is 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil A maps are not an acceptable source of soils information. �S0�G 142 Form SW401-Wet Detention Basin-Rev.8-9117109 Part III. Required Items Checklist, Page 1 of 1 Permit Number: (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): FEB 11 2011 '�Z does ❑ does not incorporate a vegetated filter at the outlet. This system f check one): ❑ does does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How 1 will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then Plant a ground cover and water until it is established. Provide line and a one -lima fertiliser application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page I of 4 Permit Number: (to be provided b_v 1)WQ) Drainage Area Number: BMP element: Potentialproblem: How 1 will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog; the pipe. Dispose of the Swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to Swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove: the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting; or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than s ra in J. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem. soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phrapmites or other Remove the plants by wiping, them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potential problent How I will remediate the pmblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove bea vets. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads _A_ feet in the main pond, the sediment shall be removed. When the permanent pool depth reads —S&— feet in the forebay, the sediment shall be removed. Sediment Removal Bottom -------------- FOREBAY BASIN DIAGRAM 6611 in the blanks) Eft Min. Sediment Storage Permanent Pool Elevation lh,�Q Pool `------Sediment Removal Elevations ----- --- Volume Bottom Elevation MAIN POND I -ft Stolagc Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of Permit Number: (to he provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: _%'ACC- t&NTS BMI' drainage area nninher: Print name: Title: Address- 1 Phone Signat Date: M e V 0P lam. /J Note: The legally- responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president t, LAU AE 04 , a Notary Public for the State of 0/ County of ���-f , do hereby certify that PJ personally appeared before me this day ofand acknowledge the due execution of the forgoing wet detentiot-basin maintenance requirements. Witness my hand and official J SEAL My commission expires 6-L-4 Form SW401-Wet Detention Basin OEM-Rev.4 Page 4 of 4 Permit Number: yo be prywieled by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): RECEIVED does ❑ does not incorporate a vegetated filter at the outlet. DEC302011 This system (check Otte): ❑ does Kdoes not incorporate pretreatment other than a 'DV* � ra . Q—WARO Important maintenance procedures:Lj,f1f — Immediately after, the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the,wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. -- If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dain safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and trust be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide line and a one -tithe fertilizer a .. lication. Vegetation is too short or ton Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M -Rev. 4 Page I of 4 ''1 BMP element: The inlet devi $wale The forebay Permit Number: (robe provided by Did`)) Drainage Area Nuunber: pipe or I The pipe is clogged. The vegetated shelf The main treatment area The pipe is cracked or otherwise damaged. Erosion is occurring, in the swale. Sediment has accumulated to a depth greater than the original design depth for sediment storage. Erosion has occurred. Weeds are present. Best professional practices show that pruning, is needed to maintain optimal plant health. Plants are dead, diseased or dying. Weeds are present. Sediment has accumulated to a depth greater than the original design sediment storage depth. Algal growth covers over 50% of the area. Cattails, phragmites or other invasive plants cover 50% of the basin surface. How I will remei Unclog the pipe. sediment off -site. Replace the pipe. Reg,7rade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting; or riprap to avoid future ]+roblems with erosion. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the elants, rather than s . ra yin r. Prune according; to best professional practices Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one -tithe fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a professional to remove and control the algal growth. Remove the plants by wiping them with pesticide (do not spray). Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMW element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs itntmediately. on the embankment. Evidence of muskral or Use traps to remove muskrats and beaver activity is prt.sent. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs, appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair air or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of dan-kage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads ,�feet in the main pond, the sediment shall be removed. When the permanent pool depth reads feet in the forebay, the sediment shall be removed. Sediment Removal Bottom 1.2 . 1 l ---------------- BASIN DIAGRAM (fill in the blanks) Ln Mill. Sediment Storage Permanent Pool Elevation Z?— - Pool Pool Sediment Removal Elevation I,..,.IVolume -------- .r-----------�----- Bottom Storage FORIEBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 4 Permit Number: Ito be 1rrovieled by 1)WQ) I acknowledge and agree.by my signature below that I am responsible for the performance of the -maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project rranre: BMP dr•crirrage area number-: 1 Print name: —a-_- -,A ) ,•i„ & -1 Title: W._P%j!'►z6 Address: �' ka Phone Signat Date: -- C - S -,Z Me )/I)C' ��9!5-� Note: The legally responsible part}- should not be a homeowners association tmless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I,-L_M72QE OW -.,- , a Notary Public for the State of 1 ^ , County of �� �./ f/ /'A10 , do hereby certify that Zj, A// Z)� Q Y personally appeared before me this r day , �and acknowledge the due execution of the forgoing wet detentiot basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires _� -" 1--------- - -. Form SW40I-Wet Detention Basin O&M-Rev.4 Page 4 of 4 Permit No. (to ba Provxlud by DWQ) �'�y F WArE oa0 Apr WDENR p - <- STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This firm must be fitted out. printed and submitted The Required Items Checklist (Part Ill) must be printed fitted out and submitted along with all of the required information I. PROJECT INFORMATION Project name Merrhants Commerce Center- Phase I Contact person Mel Hoplans PE Phone number 757-812 961a Date Revised to 10119MI I Drainage area number Area A 11. DESIGN INFORMATION Site Characteristics Drainage area 1,799,460 hI /. Impervious area, post -development 919,551 ftz % impervious 51.10 % Design rainfall depth 1.5 in Storage Volume: Non -SA Waters Minimum volume required 114,716 it' OK i4 7 Volume provided 115,434 ft� OK, volume provided is equal to or in excess of volume required. Storage Volume: SA Waters 1.5' runoff volume ft' Pre -development 1-yr, 24-hr runoff ft° Post-devekrpmenl 1-yr. 24-hr runoff ft3 Minimum volume required h' Volume provided hI Peak Flow CalculationsIs RECEIVED the ptefpost control of the lyr 24hr storm peak flow required? Y (Y or N) 1 -yr, 24-hr rainfall depth 3.1 in Rational C, pre -development 0,35 (unitless) D EC 3 0 2011 Rational C. post -development 061 (unittess) Rainfall intensity: 1-yr, 24-hr storm 3.06 inthr OK Pfe-development 1-yr, 24-hr peak flow 31.59 h3fsec Post-developmenl 1-yr. 24-hr peak flow 25.34 hl/sec ®`�' { 1 a���� PrelPost 1-yr, 24-hr peak flow control -6.25 0sec V Y VVV 1r Elevations Temporary pool elevation 25,44 fmsl Permanent pool elevation 22.00 fmsl SHWT elevation (approx. at the perm. pool elevation) 21.50 fmsl Top of 10ft vegetated shelf elevation 22.50 fmsl Bottom of 10h vegetated shelf elevation 21.50 fmsl Sediment cleanout, top elevation (bottom of pond) 17.00 fmsl Sediment deanout, bottom elevation 16.00 fmsl Sediment storage provided 1.D0 It Is there additional volume stored above the state -required temp. pool? Y (Y or N) Elevation of the top of the additional volume 25.4 fmsl OK Fo SW401-Wet Detanbon Basin-Rev.8-9117W Parts r, 8 H. Design Summery, Page 1 of 2 Permit (Io be provided by DM) Ill. DESIGN INFORMATION Surface Areas Area, temporary pool 81,923 ftl Area REQUIRED, permanent pool 52,9D4 fl' /<,/:= 2 , J(4 7`1rS t 6 0 SAIDA ratio 2.94 (unitless) Area PROVIDED, permanent pool, A, ._pw 63,986 ft` (% OK Area, bottom of 10h vegetated shelf, A, ,w 58,703 ft` Area, sediment cleanout, top elevation (bottom of pond), Ab.-p-d 42,933 ft` Volumes Volume, temporary pool 115,434 ft' OK Volume, permanent pool, VP---P,a 300,717 ft' Volume, forebay (sum of forebays if more than one torebay) 59,428 ft' Forebay % of permanent pool volume 19.8°% °% OK SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? MountairdRiedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table) Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, Vpr , p., Area provided, permanent pool, A,..,, Average depth calculated Average depth used in SA/DA, dr„ (Round to nearest 0.5ft) Calculation option 2 used? (See Figure 10-2b) Area provided, permanent pool, Apr, D.w Area, bottom of 10ft vegetated shelf. Aw d,a 85 % Y (Y or N) N (Y or N) 2.94 (unitless) (Y or N) 300,717 ft' 63,996 ft` V 4.37 ft OK ft Y (Y or N) 63 9% ftr 58,703 h` Area, sediment cleanout, top elevation (bottom of pond), Ayd p „w 42,933 R2 'Depth' (distance bAv bottom of 100 shelf and top of sediment) 4.50 ft Average depth calculated 4 37 h OK Average depth used in SA/DA, d,r, (Round to nearest 0.5h) 4.5 h OK Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if -non -circular) Coefficient of discharge (Co) Driving head (H.) Drawdown through weir? Weir type Coefficient of discharge (Cr) Length of weir (L) Driving head (H) Pre -development 1-yr. 24-hr peak flaw Post -development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge orifice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpalh to width ratio Length to width ratio Trash rack for overflow 8 orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build -out? Drain mechanism for maintenance or emergencies is: Y (Y or N) 2-3 inch in inz 0.60 (unitless) 1.48 It N (Y or N) (unitless) (unitless) It It 31.59 ft'/sec 25.34 ft'/sec 0.45 ft'/sec 3.00 days kiff 10A 10.0 ft 3 :1 2.2 :1 _(Y or N) 1.2 ft (Y or N) (Y or N) (Y or N) OK, draws down in 2.5 days. OK OK OK OK OK OK OK OK Insufficient. Recorded drainage easement required. OK Form SW401-Wet Detention Basin -Rey ,8-9117A9 Parts I. 8 11_ Design Summary, Page 2 of 2 vICIN�Y Wp NOTF_S- 1.) THIS IS NOT A BOUNDARY SURVEY. THE PURPOSE OF THIS MAP 1S TO SHOW 404 BOUNDARY INFORAfAT10NAS DELINEATED AND VERIFIED BY THE US ARAJY CORPS OF ENGIAEF-RS, S1iE PC. 2, SL, 173, At 4 FOR BOU,'VDARY L'VFORAfA770N 2.) AREAS: HIGHLAND AREA 144.99ACRFS AREA WITHIN WETLANDS 12.29ACRE5 TOTAL 157.28 ACRES 3.) AREA BY COORDINAT E MI;77101) 4.) THIS PROPERTY IS SUBJECT TO ALL. SETBACK AND FASEMEAT REQUIREMENTS SET FORTH BY GATES COUATY. 5.) THIS PROPERTY IS SUBJECT TO ANY EASEAfEA'TS OR RESTRICTIONS MAT A MORE THOROUGH TITLE SEARCH AIRY UNCOVER. CF.RTIF ICATh. OF ACCURAC'F I PA UI, J. TOT, CF.R77FY THAT 77115 AIAP WAS DRA A'N UNDER MY SUPERVL410N FROM AN ACTUAL SURVEY MADE BY AfE : DF- D DESCRIPTIOA' FO UND IA' DB. SEA_, PG. REF.: THAT BOUNDARIES NOT SURVEYED ARE SHOH'NA.S BROKEN LIA7 S PLOTTED FRO.1f IA97ORAlA775N FOUAD IN D.B. SEE PG. REF.: THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+; 7TIAT7711SPLATAIEE7STHEREQUIREAfF_N7SOFOFBOARDRULES ASAMENDED; THAT 7711S PLAT AIEE7S 771E RFQ UIRF TENTS OF 771E STANDARDS OF PRAC77CE FOR LAND SURVEI ING IN NOR771 CAROLINA 21 NCAC 56.1600. 1, PAUL J. TOT] PLS-3953, AL k) CERTIFY, THIS PLAT IS OFAN0771F_R CATEGORY, SUCH AS THE RECOMBIR'A HON OFEXISTING PARCELS, A COURT ORDERED SUR IT FOR OTHER EXEMP770N TO T7I E DF-TNI7701d OF SUBDII'IS10A'. wirNESS Mt' ORIGINAL SIGAE! TURF, REG. NUMBER. AND SEAL THIS 9 DAY OFSEPTEMBER, 2010. THIS CERTIFIES MATMIS COPY OF 1711S PLAT ACCURVELY DEPICTS THE BOUNDARY OF THE, I MSDICTION OF T71E SF.C770A' 404 OF THE CLF-4A' Ii'A7ER ACT UNDER 771E PRESENT LAW AA'D RF.GULATIOAS AS DETERSfIA'ED BY 7HE UAVERSIGNED ON 7111 S DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGUL4 rIONS, THIS DETERAHNAT7011 OF SECTION 404 JURISDIC77ON MAYBE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM 7711S DATE. 77]IS DE7ZRAf.'.AJATION KAS AL4DF- U77LIZING THE 1987 CORPS OF ENGIA' ' WL, I AA'1� DELINEAT70JV MANUAL. CL�` US CORP. OFf;A'G1NF.F..RS PERA17T OFFICER TITLE �-l� DA7F v = W � x ,— A. '� { � z imp 0 N .Ip soo su L U � Lai CL �cn0� oF- W ''....`' OOW p E. �¢r�o DRA;JrN BY: GSB CHECKFD: SCALY: RKC N/A L RAHING W:8191-40�URVEY CREIV.JT/GSB: 9. 2010BER:4 m 'fJa � 63 I+6oAQL (252) 351- "1 DRAWN BY: GSB CHECKED: SCALE: RKC I" - 200, PROJECT #: DRAWING #: 09125 09123 FIELD BOOK: SURVEY CREW: N/A PJT/RKC DATE: SEPTEMBER 9, 2010 SHEET NUMBER: L OF 4 N/F GEORGE L. LANG JILL B. LANG D.B. 171, PG. 493 P.B. 2, PG. 97A #0100371 FIA L_3 E 9 � a v 87 'S� 4 -• r _•�r J 1 .S'6 /,g "TY ^E t 97 �� 32° 31 0 F1R 333.20' - L1j 0 _IR R FIR 528.00' 30TINT" -20 PIA' .; y 35.09' BRIAR WOOD FORES7' PRODUC7S, PVC 6D; • a QUALITY HOMES OF CURRITUCK, LLC D.B. 259, PG. 400 #1002604 24 PIA'F AND $ U P L 1zD 9D � WE:rLAN S' 189 24D'230 211Z'_-12W 14D • a o a i+ w i i- -7C 8C ti a f2D` ;19q Is 23A „ MT 53 86. 7 1 _ _ J� 16D ' 2A �22A 225A-' 6C 9C ` IOC ; GF_ORGE L. LANG - �r` c+A=; 15 11A`` . `. x r �2 54 y ' 10A 13A� ~' 260 y r, 15"PINE JILL B. LANG �,� s1 UPLANDS ,78 SA sa 9A 14Ai'r21A !� D.B. 194, PG. 656 �plO " . 50 tB,k ; y� ;' 27A' 91000665 �ry ��` ' > BB �:�:' 15A, - 20A ' �49 A'fF i 'r 7A 1$A 19A 28A , ' ' ^n 48 BRIAR WOOD FOREST' PRODUCTS INC NN QUALITY HOMES OF CURRITUCK, LLC ` 47 D.B. 259, PG. 400 91002602 17 `�..1, 15 16 4 13 UpLAND.'S A'/F FAIT' SWTH,HEIRS W.B. 7, {i'.I'. 316 40CHOPPED 3'A48048'281,1; #0100828 100 %FI POP1�1R N44°28'31"E �ftt, 1127,42' N45°09'29"E 10) 284.S6' 3 11132 672-84' 15'POPW " 1092.33' 20 AIAPLE 107 `-:95 104 ,Q3 - _ _ - ; ,_`94 v , ,05 .131 + 1 ,OC, UPLANDS DS ,oa 1ai '77 1Q + 130 t 18 ; - , 091 73 75- -. , 78 8a , 92 z 129 2a} 119 11'1 � 7fi 116 `..' 72 . r t28 122 t�1. t+5 114 1,3 I k2 111 ' �91 123 62 V 60 -- 64 71 71 a3 + - .90 ta5124 A p., 6t- - 83 �66 ti 12r -'S8-59 - 69 �` :- `� ` ar , f' -126 57 5s 85" Vq 4, - 32 ". -3 .9 �p�P� 22�i �; 39-IOE ono; � ,yA o, �� 1508.06' EIR S 43` 05'29" W 245.30, N/F BRIARWOOD FOREST PRODUCTS, INC QUALITY HOMES OF CURRITUCK, LLC D.B. 259, PG. 400 #1002604 S 43` 33 334" R' LEGEND PROPERTY LINE - - - - - - - - - WETLANDS ME EASE1tENT LINE - RIGHT OF WAY LINE — — — PROPERTY E.1'TL'NSIO,'V 1433.19' 8 44 50'20" W 326.89' + US 158 i 60`R/W) 17A -'i18A 29A. ' �;• 2c -48 UPLANDS N/F 34 e.✓x' iC BRIAR WOOD FOREST PRODUCTS, INC 32A- 33A QUALITYHOMESOFCURRFMCK, LLC _~ D.B. 259, PG. 400 FIR #�1002603 S52023'42"W a � 30'P1A'F' w 1158 85' i E1R a� w F R I367.22' 1121,9r S52022„N N/F" BRIAR WOOD FOREST PRODUCTS, PVC QUALITY HOMES OF CURRITTJCK, LLC D.B. 259, PG. 400 #1002601 S 48 ° 4 28' 0" Al 2958, S52023'42'W. SS4°4I p"B, 346.58' ` �99.04' TOEASONSCXORO� GRAPHIC SCALE 300 0 300 (IN FEET ) I inch = 300 f1. NIF GLORM EARLBY, TRUSTEE CMRlM E0LEY, L7TRUSTEE D.B. 278, PG. 654 90100183 EIR rn avj+e?� Iks LINE TABLE LINE TABLE LINE TABLE_ LINK 7ABLE LINE TABLE_ LINE TABLE LINE LF-NG711 DIRECTION LLYE LENG771 DIRL'C7701\' L111'E LENGTH DIRECTION LAE I.CNG7}I DW-07ON 1.NE LENGTH DIRECTION IINF_' LEAT0771 DIRECTION 1-1 22.63' N 810 58' 15" W A14M9 46.90' A' 740 13' 20"E 56-57 93,17' A'] 60 22' 39" if' 86-87 38.71' N 100 11 ' 01 "E 13A-14A 29.11' S 400 29' 22"F- 2D-31) 76.52' S 300 06' 14" 11' 2-3 25.53' N 57° 36' 47"W IZO/1 43, 25' N 650 51' 53"E 57-58 112.92' N 310 40' 39"E 87-88 33, 77' N 390 46' 06" H' 14A-15A 83.68' S 340 39' 04"E 3D-4D 27.16' S 12° 21 ' 51 " H' 3-4 57.93' N 30° 59' 44" fi' W2MIJ 31.01' S 860 06' WE 58-59 59. 72' N 390 53' 08"E 88-89 38.37' N 59° 55' 13" W 15A-16A 72. 23' S 280 08' 34"E 4D-5D 30.81' S 8° 29' 38"E 4-5 16. 94' S 85 ° 28' 44" W MIE-MV 23.66' N 3 ° 09' 56" If' 59-60 67. 90' N 180 24' 08"E 89-90 79.89' N 84 ° 04' 12" I1' 16A-17A 44.00' S 3 ° 54' 50"E 5D-6D 26. 88' S 230 08' 46"E 5-6 19.03' N 51 ° 1 T 23" if' 3A'1SM 52.69' S 82° 09' 05" W 60-61 31,50' N 19° 21' 13"E 90-91 60. 61' N 45° 43' 11 "W 17A-18A 41.98' N 640 36' 40"E 6D-7D 105.24' S 35° 02' 56"E 6-7 19.31' N 35° 30' 44" 9' IMM EE 60.84' S 690 02' 34" W 61-62 60, 91' A' 450 26' 51"F_ 91-92 7L 51' N 42° 15' 07" H' 18A-19A 89-92' N 6° 27' 17" II' 7D-8D 91.78' S 670 23' 22"E 7-8 2690' A' 580 47' 57" If' 3978 3911E I 33.79' S 80° 06' 17" W 62-63 56.93' AT 250 28' 08'E 92-93 63.20' N 640 41' 13" if' 19A-20A 59.94' A' 19° 39' S3"W 8D-9D 66.66' S 320 26' 47" If' 8-9 27.46' N 630 48' 46" W 39V1&391d6E 49,96' S 720 40' 43" 9' 63-64 63. 22' N 570 36' 44"E 93-94 46.39' N 510 38' 53" W 20A-21A 88.19' N 640 03' 38" H' 9D-10D 44.52' S 400 41' 06" ii' 9-10 161.00' N 300 55' 42'E 3WME 46.83' S 650 0T 03"0' 64-65 57.02' N 780 07' 30"E 94-95 49. 48' N 54° 27' 11 "if' 21A-22A 100.81' N 41 ° 42' 52" H' 10D-]ID 74.50' S 42° 15' 31 "if- 10-11 67.01' N 60° 22' 47"E ilM3P-3 d 54,59' S 840 08' 35"W 65-66 64.10' A' 45° 11' 25"E 95-96 66.74' A' 20 14' 18"E 22A-23,4 65.13' N 0° 30' 55"E I1D-11D 96.99' S 58° 52' 09" if' 11-12 60.63' N 380 1 T OS"E 3A'4Fr3Sd3E 44,85' S 52410' 44" W 66.67 77.46' N 420 05' 38"E 96-97 59.67' N 120 44' 05"E 23A-24A 73.85' A' 55° 13' 32"E I2D-13D 75.37 S 200 00' 07"W 11-13 64.34' A' 51 ° 14' 00"E M&M 46.40' S 660 52' 19" H' 67-68 85.13' N 670 33' 35"E IA-1B 137.20' S 630 44' 27"E 24A-25A 52.59' N 680 29' 31 "E 13D-14D 84.66' S 160 00' 58"E 13-14 74.32' N 250 28' 39"E 39Y1&NIE 44,17' S 77013' 09"W 68-69 61.26' N 31 ° 47' 06"E 9 S E 25A-264 69.3I' S 56° 36' 11 "f.' 14D 15D 74.66' S 13° 4U' 10"If' 14-15 48.1 P N 50 47' 09"E 3911E-40 35.36' N 200 00' 41 "W 69-70 63.49' N 130 32' 33"W IB-2B 169-78' S 190 44' 15"E 16A-27A 112.61' S 690 36' 36"E ISD-16D 74.44' S 130 07' 11 "H' 15-16 68.05' N19051'16"E 40-41 40.25' N32040'23"W 70-71 33.10' N10043'35"E 2B-3B 50,05' S69032'26"E 27A-284 80.96' S45004'45"E 16D-17D 72,52' S29018'09"If 16-17 73. 72' N 50° 39' 11 "W 41-42 23.18' N 540 07' 09"W 71-72 45, 31' N 470 40' 06"W 3B-4B 32. 73' N 370 38' 32"E 284-29.4 70.69' S 310 47' 57"E 17D-18D 52.19' S 440 57' 48" W 17-18 46.98' N 73 ° 39' 23" W 42-43 45,88' N 700 47' 24" W 72-73 76, 08' N 230 59' 48"E 4B-SB 58.07' N 190 12'26" H' 29A-30A 53.03' S 660 46' 30"E 18D-19D 68.08' A' 740 09' 44" W 18-19 50.96' N 110 47' 29" W 43-44 43.62' S 700 01 ' 50" W 73- 74 67.19' N 630 33' 09"E 5B-68 83.42' N 24° 53' 36" H' 30A-31A 54.84' S 870 06' 32"E 19D-10 77.63' N 69 ° 56' 18" W 19-20 53.21' N 27° 36' 22"E 44-45 79.26' N 540 38' 49" W 74- 75. 54.34' AT 220 31 ' 57"E 6B-7B 107.89' A' 21 ° 58' 01 " ff' 3IA-32A 59.28' N 780 43' 51 "E 1UD-21D 82.42' S 250 54' 13" R' 20-21 80.66' N 16° 26' 12"E 45-46 79.80' N 33" 15' 14" W 73-76 40. 72' A' 21 ° 11' 26"E 7B-3ABB 71.37' N 31 ° 38' 20" H' 32A-33A 41.95' N 540 16' 30"E 21D-22D 39. 71' S 27" 49' 14" 9' 21-22 70.99' N 140 11' 59"E 46-47 86.15' N 20 ° 4723" W 76-77 172.79' N 290 26' 16"E 3A10 4A 57.89' N 43° 30' 35"E IC-2C 87.86' N 81 ° 59' 18" W 12D-13D 64.61' S 47° 58' 13"ff' 22-35 106,61 ' N 37003' 09"W 47-48 76.65' N 7059' 35" A' 77-78 76.11' N 36" 34' 15"E 4,4-5A 70.15' N 81 ° 01' 45"E 2C-3C 69.38' S 80 ° 49' 00"ff' 13D-14D 34.43' S 49° 56' 44" H' 35-24 24-25 25-32 32-391ME WyMli MXJVlq l6&M NAM41 66. 75' 30.03' 15. 46' 83.07' 49.50' 65.07' 46. 77' 52.29' N 570 54' 41 "E N 610 53' 23"E N 3603 7' 27"F_ N 370 03' 16"E A' 620 44' 20"E Al 64 ° 44' 36"E N 61 ° I I' I1 "E N 790 58' 21"F_ 48-49 49-50 50-51 51-52 52-53 53-54 54-55 55-56 77.36' 90.43' 64.25' 37.63' 70.52' 70.92' 74, 46' 74, 76' N 220 25'.12"W N 10031,1011W N 460 58' 47" W N 280 43' 35" W N 39° 39' 52"E A` 45° 34' 23 "E N 12° 04' 24"E N 590 54' 29"E 78-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 87.W 70,80' 37, 90' 44.35' 93.29' 69 99' 68.84' 63.84' N 350 13' 02"E N 290 59' 34"F- S 69" 23' 57"E S 290 17' 07"E S 53 ° 18' 15"E S 550 05' 01 "E S 760 54' 58"F. S 81 ° 22' 56"E 5A-64 6A-7A 7A-$4 8A-9A 9A-10A OA-IIA IIA-12A 12A-13A 47.58' 11647' 85. 43' 71.57' 72.04' 61.07' 31. 95' 68, 09' S 78° 36' 20"E S 660 45' 27"E N 40 25' 49" fi' N 180 1 T 14" W N 70 30' 04"E N 28° 31 ' 30"E 1 N 170 14' 50"E 1 S 80 ° 55' 13"E 3C-4C 4C-5C SC-6C 6C-7C 7C-8C 8C-9C 9C-lOC I D-2D 64.88' 89.46' 123.53' 71.66' 80.54' 96.13' 107.03' 64.09' N 42° 03' 25" R' At 610 55' 05"W N 71 ° 09' 04" W N 430 45' 23"W N 390 17' 46"E N 61 ° 46' 08"E N 750 54' 43"E S 170 54' I5"E a �r V,1 r o �c wN � +.' a " am U U � cv- �:D �D00 N U ci W .00 . C) .�.�i w 0 F Q Q � O ;f� x 0 ..] eel E �D 0' DRAWN BY: GS13 CHECKED: SCALF_: RKC N/A PROJECT #: DRAWING #: 08191 08191-404 FIELDBOOh: SURVEYCREIV: N/A PJTX;S8 DATE: SEPTE IYER 9. 2010 SHEET A'URIBER: 3 OF 4 n�a�4 BOUNDARY BOUNDARY LINF_ TABLE LINE LENGTH DIRECT?ON I00-101 65_66' S 120 13'08"W 101-10 b3.35' S3051'41"E 101-I0 59.78' S 130 03'53"W I03-10 Ib.OT S3S°31'Sb"W- 104-10 77.13' S 190 14' 42"W I05-1 80.75' S14°S9'34"W 06-107 78,64' S35°2S'1S"W 107-108 100.13' S 40° 11' I7"W f 08-I 81.50' S I20 2T 29"W 109-11 63.79' S24°Sd'01"W 110-111 103.20' S1S°31'22"13' I11-11 74. IS' S 380 22' 4S" W 112-11 73.46' S 470 24'01 "W 1I3-11 116.40' S Sl° 14'33"W 1 %4-1I 51.94' S 30° 39' S7" W 115-1I 64.46' 878016'21"W II6-I17 47.8$' S 64° 49' 13"W 117-118 3b.6I' S 84° 42' 30"W 113-119 79.5T S 310 26'44"W I I9-110 69.60' S 1 d° 53' 15"W LINE TABLE I,I�VIi LE,VG7Ti DIREC770N 120-121 59.38' S 12° 59' l2" W 111-122 64.81' SSS°SO'1b"W 22-123 61.48' S 10° 10' 19"W 123-114 41.8I' S 4° 12' 31",E 14-125 70.9T S 17° 18'S1"W 115-116 46.54' S 30° 36' 23"W 2b-117 76.50' S 62° 39' 33" W 118-129 73.0T S 77° 46' 18" W 129-I30 73.d9' N57°37'S2^W 118-129 d8, 74' N 77°!b'28^W 27-128 76.73' N 77° Ob' 15" W 130-131 b8.79' N Sb°43'33"W 131-13 b2.53' N60°!3'45"W 31-133 49.23' N64°1541W LINE TABLE LINE LENGTH DIRECTTpN L I 203.18' N 23 ° !7' 40" W L2 94.38' N 11 ° 36' 27" W L3 205.92' N b3° 13'33^E L4 74.58' N1°13'33"E LS l5b.1T N4°2b'17"W Lb 193.35' N IO° 23' 2b"E L7 118.04' NS°13'1b"E ' L8 226.38' N 38° 06' 34" W f_9 118. I4' N S° 36' 34" W L10 75.24' N13°Ob'34"W L1I 207.14' N 330 ST 18"E LI2 46.70' N4T°4o'23"E CURVE TABLE CURVE LENGTH R4DIUS DELTA TANGENT" CHORD D1REC77ON Cl 661.50' 1617.01' 13.4745 335.96' 657,88' S 540 47'48"W yN N �W N � � 4 At T' • � Jti Q z UU� �CVU�aC� oo�o r Q DRAWN BY: GSB CHECKED- SCALE: RKC N/A PRGUECT" #: DRAWING #: 08141 08191-404 FIELD BOOK: SUR P?:Y CREW: N/.4 PJT/GSB DATE: 3EPTF.'kfBER 9, 2010 SHEET NUMBER: 4oF4 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 201100436 County: Gates U.S.G.S. Quad: Merchants Millpond NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Kim Old Address: 101 Commerce Drive Mo ock North Carolina 27958 Telephone No.: Kri - Property description Size (acres) 157.28 Nearest Town Gatesville Nearest Waterway Bennetts Creek River Basin Chowan USGS HUC 03010203 Coordinates N 36.444595 W-76.714497 Location description Property is comprised of agriculture and forested_ areas. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CPR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § I344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to dcternvne their requirements. Page 1 of 2 Action ID: Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Kyle Barnes at 910-251-4584. C. Basis For Determination a. This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Bennetts Creek, a tributary of the Chowan River.. D. Remarks E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/deternvnation may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you must subnut a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Kyle Barnes, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CPR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP, Should you decide.to submit an RFA form, it must he received at the above address by 5/7/2011. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 03/07/2011 Expiration Date 03/07/2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at littp://regulatoa.usacesurvey coni1 to complete the survey online. Copy furnished: Atlantic Environmental Consultants Doug Dorman Post Office Box 3266 Kitty Hawk, North Carolina 27949 Page 2 of 2 Fj APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1:_BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 3/7/2011 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-W C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: North Carolina Countylparishlborough: Gates City: Gatesville Center coordinates of site ([at/long in degree decimal format): Lat. 36.444595' N, Long.-76.714497° W. Universal Transverse Mercator: Name of nearest waterbody: Bennetts Creek Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: Bennetis Creek Name of watershed or Hydrologic Unit Code (HUC): 03010203 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Datc: ® Fieid Determination. Date(s): 6/29/2010 SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Picklisi "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] 0 Waters subject to the ebb and flow of the tide. �] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce, Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "walers of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. (Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas ® Wetlands adjacent to TNWs [j Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs El Non-RPWs that flow directly or indirectly into TNWs [] Wetlands directly abutting RPWs that flow directly or indirectly into TNWs [� Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs 0 Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S- in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: 12.29 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation ManuO Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION ill: CWA ANALYSIS ' Boxes checked below shall be supported by completing the appropriate sections in Section Ill below. 2 For purposes of this form, an RP W is defined as a tributary that is not a I'N W and that typically tlows year-round or has continuous 110W at least " acasorially" (e.g., typically 3 months). 3 Supportingdocuntentation is presented in Section III.F. J f A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. if the aquatic resource is a TNW, complete Section 111.A.1 and Section lil.D.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IIl.A.1 and 2 and Section III.D.I.; otherwise, see Section III.B below. I. TNW Identify TNW: Bennetts Creek. Summarize rationale supporting determination: Bennetts Creek has traditionally been used for intrastate trade and recreation. 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": Wetlands on the site flow directly into Bennetts Creek or RPW of Bennetts Creek. B. CHARACTERISTICS OF TRIBUTARY (THAT 1S NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapartos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IIl.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section II1.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and Its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody" is not an RPW, or a wetiand directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined In Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick Llst Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick'Lisi tributaries before entering TNW. Project waters are Pick•List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Piek',List aerial (straight) miles from'TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify now route to TNW5: Tributary stream order, if known: 'Note that the Instructional Guidebook contains additional information regarding s+%gales, ditches, washes, and erosional fcatttres generally and in the and West. ` Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which (lien flows into 'I'N W. � � 1 � i ' ' f (b) General Tributary Qhqrristicsall that a lyl Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banksj. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pi'&Lisi Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick-Liit Estimate average number of flow events in review arealyear: Pii.k List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pickitlisi. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): El High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (ill) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): °A natural or man-made discontinuity in the 011WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the 0HWM has been removed by development or agricultural pWc(ices), Where there is a break in the OHWM that is unrelated to the waterbody,s now regime (e.g., now over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 71bid. t ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Pish/spawn areas. En plain tiiidiugh: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquaticlwildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: 0017Cist. Explain: Surface flow is: Pick Liit Characteristics: Subsurface flow: PicEi.List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick Gist river miles from TNW. Project waters are Pic k`l:ist aerial (straight) miles from TNW. Flow is from: PiekUS;'t. Estimate approximate location of wetland as within the I i kl:ist floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity_ Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Direct) abuts? Y/N Size in acres) Directly abuts? (Y/N) Size (in acres? Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the Flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, hi combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a Floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed In the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section [II.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 11I.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ® TNWs: linear feet width (ft), Or, )1, 000acres. ® Wetlands adjacent to TNWs: 12.29acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section [II.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): [] Tributary waters: linear feet width (ft). El Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs" that flow directly or indirectly Into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section I[I.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (11). 0 Other non -wetland waters. acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. [] Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section II1.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: El Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section 1II.D.2, above. Provide rationale indicating that wetiand is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs- El Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section I[I,C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. impoundments of jurisdictional waters.° As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. l Demonstrate that impoundment was created from "waters of the U.S.," or El Demonstrate that water meets the criteria for one of the categories presented above (1-6), or 0 Demonstrate that water is isolated with a nexus to commerce (see E below), E. ISOLATED JINTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):"' Q which are or could be used by interstate or foreign travelers for recreational or other purposes. [] from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. 0 which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: linear feet width (ft). E] Other non-wetiand waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. "See Footnote # 3. To complete the analysis refer to the key in Section lil.D.6 of the Instructional Guidebook. re Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA lIQ for review consistent with the process described In the Corps/EPA Menwranduar Regarding OVA Ad Jurisdiction Following Rapanos. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engincers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. Q Prim In Ow an 2001 Sutnemc r'.u1e1 4IC6-6011 in ".SWANC.C," the review area would hnve been regulated hosed UAWy on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): {] Non -wetland waters (i.e., rivers, streams): linear feet width (ft). �] Lakes/ponds: acres. ❑ Other non -wetland waters: awes. List type of aquatic resource: El Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): El Non -wetland waters (i.e., rivers, streams): linear feet, width (It). ❑ Lakes/ponds; acres. Other non -wetland waters: acres. List type of aquatic resource: [] Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Atlantic Environmental Consultants. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Q Corps navigable waters' study: �] U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ® USGS 8 and 12 digit HUC maps. j] U.S. Geological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): 0 FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):Googte Earth 2009. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: EJ Applicabletsupporting case law: 0 Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: