HomeMy WebLinkAbout20100400 Ver 1_401 Application_20100510r
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8208 Brian Ct.; Garner, NC 27529
P:919-606-1065 - F:919-341-4474
TRANSMITTAL FORM
To:
Ian McMillan
NC Division of Water Quality
2321 Crabtree Boulevard, St 250
Raleigh, NC 27604
Date: 5/25/10
Project: Extended Day School Sewer Improvements
Reference No.:
We are sending you: ® Attached
The following items:
? Email ? Under Separate Cover
2 0 1 0 0 4 0 0
COPIES DATE ITEM NO. DESCRIPTION
5 5/2010 1 Pre-Construction Notification
1 5/2010 2 Application fee of $240.00
5 5/2010 3 Engineering Plans Full Size
These items are transmitted as checked below:
® For approval
? For your use
? As requested
? For review and comment
? Approved as submitted
? Approved as noted
? Please return
? Other:
Comments:
Please let me know if you have any questions or need additional information
$ E W ID
'",,.
Signed: ?.
Name: Philip ?ay
Title: Senior Environmental Scientist
Copied to:
Ben Palmer, P.E. - Davis Martin Powell, Inc.
Robert Hyatt, Davidson County
John Thomas, USACE Raleigh Regulatory Officce p
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"0'/0 40#
CAROLINA
8208 Brian C Garner, NC 27429
ECOSYSTEMS, INC.
P:919-606-1065 - F:919-341-4474
May 16, 2010
Mr. John Thomas
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Nationwide Permit 12 Pre-Construction Notification
Sewer System Improvements
Extended Day School
Davidson County, North Carolina
Dear Mr. Thomas;
On behalf of Davidson County and Davis-Martin-Powell Inc., Carolina Ecosystems has prepared
the attached Pre-Construction Notification (PCN) for the above referenced project. The PCN
includes the required form, supplemental information, figures, site photographs, delineation
information, and engineering plans. Additional information not provided in the form is included
in this cover letter.
The proposed gravity sewer, forcemain, and pump station plans have been designed to meet the
conditions of Nationwide 12 as described in the PCN form. Submittal of this notification is
required due to unavoidable mechanized clearing in a small headwater wetland (W1 & W2) for
the installation of the line. A copy of this PCN is also being submitted to the North Carolina
Division of Water Quality, as the project design could not comply with their condition 12
described below.
The gravity sewer corridor was first delineated in November 2008, however no jurisdictional
determination request was submitted at that time. The remaining route of the forcemain or
possible additional gravity sewer was not determined at that time. The final design was chosen
as all forcemain and no further delineation x ; - squired as all construction will occur within the
roadside fill areas. Therefore, a preliminary jurisdictional determination request is being
submitted in conjunction with this PCN.
Three stream crossings are proposed for this project, as described in the PCN. Open-cut
techniques are planned due to the presence of an extensive amount of bedrock along the stream
channel, shown in the attached photographs and Figure 4. In addition, a portion of each crossing
is proposed to be a permanent ford-crossing to allow maintenance equipment to access the
corridor. These crossings are needed to avoid extensive road building to access the corridor from
area roads. Details of the typical ford crossing, which will be limited to 15 linear feet, are
included in the attached information.
Mr. John Thomas Page 2 of 2
May 16, 2010
The project was designed so that the gravity sewer line is located at minimum 50-feet from the
stream banks, per correspondence with the NC Division of Water Quality Winston-Salem
Regional Office. This involved significant increase in trench depth and project costs due to steep
slopes along some of the corridor. There are locations along the corridor where the construction
easement encroaches within 50-feet of the stream banks. This was considered necessary due to
the additional cost of moving the entire corridor, and therefore the sewer line upslope. While a
50-foot offset of the sewer line is required by NCDWQ design criteria, there are no riparian
buffer rules in effect in this watershed preventing minimal encroachment within this area. The
significant increase in construction cost and time due to the deeper sewer trench made it
impractical to shift the construction corridor upslope, but a minimum 30-foot offset has been
maintained at all locations.
We request your review of the attached application. If needed, we would be happy to meet you
on site and review the delineation and impact areas. If you have any questions, need additional
information, or would like to schedule a site visit, please call me at your earliest convenience at
(919) 606-1065.
Sincerely,
Carolina Ecosystems, Inc.
Philip May
Senior Environmental Scientist
cc: Ian McMillan, NCDWQ 401 Permitting Unit
Sue Homewood, NCDWQ WSRO
Robert Hyatt, Davidson County
Ben Palmer, P.E. Davis Martin Powell
Davidson County
Extended Day School Sewer System Improvements
Nationwide Permit 12 Pre-Construction Notification
EXHIBIT LIST
EXHIBIT
1 PCN Form
2 Supplemental Information
3 Figures
4 Site Photographs
5 Delineation Information
6 Engineering Plans & Details (separate cover)
Figures (Exhibit 3)
1 Vicinity Map
2 USGS Mapping
3 Soils Mapping
4 Gravity Sewer
5 Forcemain
6 Sites W 1 & W2
7 Site S1
8 Site S2 & S3
EXHIBIT 1
Pre-Construction Notification Form
2 0 1 0 0 4 0 0
aaaE wAr?RQ
-1
O t'
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Extended Day School Sewer System Improvements
2b. County: Davidson
2c. Nearest municipality / town: Lexington U 5 '?:7 LZ U IV, L9 MI
2d. Subdivision name: Not applicable
2e. NCDOT only, T.I.P. or state
project no: Not applicable
D
ENA M94=0
3. Owner Information WMANN A06i
3a. Name(s) on Recorded Deed: Davidson County - proposed sewer easement to be recorded.
3b. Deed Book and Page No. Multiple properties - proposed sewer easement to be recorded
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Proposed owner of sewer easement
4b. Name: Robert Hyatt, County Manager
4c. Business name
(if applicable):
Davidson County
4d. Street address: P.O. Box 1067
4e. City; ,state, zip:, ¢ Lexington, NC 27293-1067
4f. Telephone no.: 336-242-2200
4g. Fax no.: 336-248-8440
4h. Email address: robert.hyatt@davidsoncountync.gov
5. Agent/Consultant Information (if applicable)
5a. Name: Phil May
5b. Business name
(if applicable): Carolina Ecosystems, Inc.
5c. Street address: 8208 Brian Court
5d. City, state, zip: Garner, NC 27529
5e. Telephone no.: 919-606-1065
5f. Fax no.: 919-341-4474
5g. Email address: phil.may@carolinaeco.com
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): See table appended to this form
1 b. Site coordinates (in decimal degrees): Latitude: Table Longitude: - Table
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 5.5 acres (easement) acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Pounder Fork
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-V, B
2c. River basin: Yadkin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The proposed gravity sewer passes through primarily forest and agricultural areas with some residential and commercial
land. The proposed forcemain runs along existing NCDOT roadsides through primarily agricultural and residential areas
with some adjacent forest land.
3b. List the total estimated acreage of all existing wetlands on the property:
0.03 acres delineated along project corridor
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
118 linear feet of perennial stream within proposed easements
3d. Explain the purpose of the proposed project:
The proposed gravity sewer, pump station, and force main are being provided to connect the Extended Day School in
Lexington, North Carolina to the existing City of Lexington municipal sewer system. The school's current wastewater
facility has exceeded limits for ammonia nitrogen and fecal coliform. Due to these issues, the Extended Day School
system was included in the attached Special Order by Consent from the NCDWQ. Plans for sewer system improvements
to address the issues are due by June 30, 2010. This project meets these requirements.
3e. Describe the overall project in detail, including the type of equipment to be used:
The Extended Day School wastewater will be transported to the Lexington sewer system via approximately 6000 linear
feet of 8-inch gravity sewer to a 200 gallon-per-minute pump station adjacent to Pounder Fork. The pump station will
transfer sewage along 12000 feet of forcemain to an existing City gravity sewer adjacent to Abbotts Creek (Figure 1).
Sewer line construction will occur within a 40-foot construction easement and be accomplished using standard
construction equipment and techniques. Clearing and grubbing will occur along with implementation of the NCDENR
approved sediment and erosion control plan. A trench will be excavated and the lines installed and backfilled. The
construction area will be graded to pre-construction contours and seeded. Stream crossings will be constructed in the dry
using a bypass pipe or coffer dam. The crossing locations will be stabilized using natural material or rip-rap over filter
fabric below the stream bed elevation. A 15-foot low water ford crossing will be maintained at each of the three stream
crossings to allow access for inspection and maintenance of the line. These crossings will be constructed as shown in
the attached plans.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: Preliminary JD request included with PCN
®Yes ? No ? Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Phil May Agency/Consultant Company: Carolina Ecosystems, Inc.
Other: Delineated in November 2008
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ® T Clearing,
excavation,
Headwater forest
® Yes
r_1 No
® Corps
?DWQ
<0.01
backfll
W2 ®P ? T Maintained
clearing
Headwater forest ® Yes
? No ® Corps
? DWQ
<0.01
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.01
2h. Comments: One small wetland within construction corridor (W-1 0.006 ac), with small maintenance corridor impact (W-2
0.003 ac). See Figure 6 for details.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ®T Excavation,
backfiii UT Pounder Fork ® PER
? INT ® Corps
? DWQ 8 36(15)
S2 ®P ®T Excavation,
backfill Pounder Fork ® PER
? INT ® Corps
? DWQ 8 41 (15)
S3 ®P ®T Excavation,
backfill Pounder Fork ® PER
? INT ® Corps
? DWQ 10 41 (15)
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 118(45)
3i. Comments: Temporary open-cut stream crossings due to significant amount of bedrock in the stream channels (see cover
letter). Permanent impacts of 15 linear feet at each location from low water ford crossings (permanent impacts in
parentheses).
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4E Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, the n complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No
If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
?
El Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6of11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
As seen in Figure 4, multiple avoidance and minimization techniques have been implemented for the gravity sewer section.
The forcemain has been designed within previously disturbed roadside right-of-way, and the pump station will be located
entirely in uplands. The gravity sewer corridor was initially located using early input on environmental issues and avoiding
areas with potential wetlands to the greatest extent possible. The gravity sewer line was designed to avoid the larger wetland
area at W11W2 while minimizing property encroachment. Based on NCDWQ Winston-Salem Regional office correspondence,
the sewer line is located at least 50 feet from the stream banks even though steep slopes along some sections require deeper
trenching. The crossing of UT to Pounder Fork is located upstream of the confluence with Pounder Fork in order to avoid
encroaching on the 50-foot setback and cutting through a large ridge between the streams. The two crossings of Pounder
Fork near the pump station are designed to avoid impacting a pond, dam, and outfall located in an outer bend of the creek
where future encroachment of the stream may occur. This also allowed the sewer to remain 50 feet from stream banks, which
would not be possible if the line crossed below the dam and pond. All stream crossings are proposed at near perpendicular
angles to minimize impacts. Reducing the footage of forcemain and using another section of gravity sewer and a crossing of
Abbotts Creek was considered for economic reasons, but not implemented due to the additional stream crossings and steeper
downstream topography that would have required the line to be within 50 feet of the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction impacts will be minimized by using a maximum 40-foot construction corridor and limiting maintainenance corridor
mowing to a maximum of 15 feet. As discussed above, the 15-foot maintenance corridor crossing each stream will be
stabilized per the attached ford crossing detail to prevent future erosion and bank degradation from access to the line.
Erosion control measures will be implemented and maintained throughout the construction to avoid sedimentation of surface
waters. Wetland areas temporarily disturbed will be seeded with a wetland seed mix (no fescue) and allowed to naturally
regenerate into forested wetlands. Stream crossings will be stabilized with natural stream bed materials (if
appropriate/available) or rip rap over geotextile fabric. Directional drilling or boring was evaluated for this project but the
presence of a significant amount of bedrock along the stream channels made this impractical, except at the Abbotts Creek
forcemain crossing. If drilling were proposed and bedrock encountered (which is likely based on field observations - see
attached photos and Figure 4), the construction would have to stop and disturbed areas remain open while new equipment is
mobilized to the site and updated plans and approvals sought. Drilling through rock would take highly specialized and
expensive equipment if possible at all, and greatly increase the amount of time needed to construct the stream crossings. This
would increase the amount of time the riparian areas are disturbed and increase the possibility of environmental impacts
occuring due to large rain events etc. The most practical method for accomplishing these crossings will be to quickly and
efficiently use open-cut techniques and stabilize the construction corridor.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
? Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <1 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Extremely low impervious surface
percentage. The only proposed impervious surfaces are the top of sewer manholes and the pump station vault and
control structure.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The purpose of this project is not to create new wastewater service area or stimulate growth, but rather to address
ongoing environmental issues as required by the SOC. While the proposed sewer line does extend sewer service to a
small portion of Davidson County, the size (8-inch) and length (6000 feet) of the gravity sewer line are below SEPA
criteria for an EA and therefore not likely to cause significant environmental impacts. In the current economy, and given
the relatively rural nature of the area outside Lexington, there is only limited potential that a development would tie into
this line. There are no current plans to extend service to other properties. The most likely future growth would probably
be limited to small commercial development along US-64.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The sewer line will be connected as described above to the City of Lexington system, and wastewater will be treated at
the Abbotts Creek Wastewater Treatment Plant within its existing discharge capacity.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website, NCNHP NHEO database, field observation of habitats
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Interactive Mapper - Essential Fish Habitat
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ®Yes E] No
8b. If yes, explain how project meets FEMA requirements: No above grade fill in flood plain.
8
c. What source(s) did you use to make the floodplain determination? FEMA GIS Mapping
-
-?-
t?GJ I c?5b n CC) L) it
L®un?Y r4ono'le
Applicant/Agent's Printed Name Applicant/A,-11l! Date
(Agent's sign re is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
EXHIBIT 2
Supplemental Information
IMPACT SITE LOCATIONS
EXTENDED DAY SCHOOL - SEWER SYSTEM IMPROVEMENTS
Site Latitude Lonqitude
W1/W2 35.81645 -80.19103
S l 35.80923 -80.19414
S2 35.80664 -80.19561
S3 35.8064 -80.19606
PROPERTY INFORMATION
EXTENDED DAY SCHOOL - SEWER SYSTEM IMPROVEMENTS
Construction
Property Owner PIN # Purpose Easement Only
1 Johnny R. & Sally M. Thomason 6754-04-50-4387 Gravity Sewer
2 Timothy Neal Harrell 6745-04-51-6381 Gravity Sewer
3 Barry Len Berrier 6745-04-51-8993 Gravity Sewer
4 Richard Williams Smith 6745-04-62-4313 Gravity Sewer
5 Boyd G. & Kathleen E. Smith 6745-04-52-8792 Gravity Sewer
6 Lucille H. Smith Revocable Trust 6745-04-52-8991 Gravity Sewer
7 Bruce E. Berrier 6745-04-63-1002 Gravity Sewer
8 Kell L. Clinard 6745-04-63-2473 Gravity Sewer
9 Richard Williams Smith 6745-04-63-3991 Gravity Sewer
10 Davidson Water, Inc. 6745-04-64-8255 Gravity Sewer
11 John Van Davenport 6745-04-74-0245 Gravity Sewer
12 Davidson County Board of Education 6745-04-74-6516 Gravity Sewer
13
Ter Gayle Comer
6745-04-50-1552 Pump Station Site, PS
Access Esmt, &
Forcemain Esmt.
14
John Clinton Helmstetler
6745-03-40-9558 PS Access Esmt. &
Forcemain Esmt.
15 Myra B. Kernstine & Martha L. Bruff 6745-03-41-9243 Forcemain
16 of America Local Union #312 6745-03-40-6639 Forcemain
17 Voncille W. Aubrey 6745-03-40-3629 Forcemain
18 Jarret C. & Charlotte E. Cope 6745-03-41-1127 Forcemain
19 Scott Y. Cur 6745-03-31-0025 Forcemain
20 Daniel G. & Mary H. Johns 6745-03-20-4418 Forcemain
21 Sara B. Helmstetler Revocable Trust 6745-03-20-2387 Forcemain
22 Rickey W. Cur 6745-03-20-3107 Forcemain
23 Billy Ward Curry 6744-01-19-9651 Forcemain
24 Billy Ward Curry 6745-03-10-4362 Forcemain
25 Scott Y. Cur 6745-03-00-3597 Forcemain
26 Gladys E. & Dermont A. Beck 6745-03-01-1655 Forcemain
27 Larry F. & Donna B. Kepley 6745-03-00-0743 Forcemain
28 Care G. & Barbara D. Fritts 6735-04-90-8717 Forcemain
29 Johnny D. & Tammy F. Turner 6735-04-90-6718 Forcemain
30 Carey G. & Barbara D. Fritts 6735-04-90-5728 Forcemain
31 Carey G. & Barbara D. Fritts 6735-04-90-2801 Forcemain
32 Jeffre R. & Trisha Y. Nichols 6735-04-80-7834 Forcemain
33 Candy F. Hall 6735-04-80-5729 Forcemain
34 Jill Hunt 6735-04-80-3880 Forcemain
35 John M. & Crystal B. Davis 6735-04-80-1799 Forcemain
36 Phillip H. & Carolyn J. Davis 6735-04-70-9962 Forcemain
37 Charles R. & Janna D. Waitman 6735-04-70-7942 Forcemain
38 David L. & Jeweldean H. Kinney 6735-04-70-5952 Forcemain
39 William D. & Mavis H. Alley 6735-04-70-4903 X
40 William D. & Mavis H. Alley 6735-04-70-3932 X
41 Joe & Nellie S. Hatle 6735-04-70-2944 X
42 R. Terry & Phyllis Y. Hunt 6735-04-70-1952 X
43 R. Terry & Phyllis Y. Hunt 6735-04-70-0923 X
44 Pep er S. & Lori D. Younts 6735-04-60-9818 X
45 Pepper S. & Lori D. Younts 6735-04-60-8813
46 Pepper S. & Lori D. Younts 6735-04-60-6678 Forcemain
47 Patricia Lynn Byerly 6735-04-60-4523 Forcemain
48 Frederick Lynn Byerly, Jr. 6735-04-60-1482 Forcemain
49 Johnathan W. & Debra J. Smith 6735-04-60-1642 Forcemain
50 City of Lexington 6735-04-61-1007 Forcemain
51 City of Lexington 6735-04-50-5906 Forcemain
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M:\CEI\Projects\DMP\Davidson\Documents\080191-Easement Acquisitions Page 1 of 1
SEP-02-08 10:26AM FROM-
T-905 P-002/006 F-743
..
A. JUL 13 2007
NCDENK Superintenpenis
North Carolina Department of Environment and Natural Resol.ig
Division of Water Quality
Michael F. Easley, Governor
Mr. Fred L. Mock
Davidson County Schools
P. 0. Box 2057
'L' oxington, NC 27293
Dear Mr. Mock:
William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
July 11, 2007
Subject: Special Order by Consent
EMC SOC WQ S90-026, Amendment-VU
Davidson County
Attached for your records is your copy of the signed Special Order by Consent (SOC) Amendment approved
by the Environmental Management Commission.
The terms and conditions of the Order are in hill effect, and you are reminded that all final permit limits
contained in the affected NPDES permits must be met except. those modified by the conditions of the
Order. Additionally, as specified in parq?rapli 2 (i of -the Order, a written notice of compliance or
AOACompliance with any schedule date must be submitted to this office.
Pursuant to amended north Carolina General Statute 1,13-215.31), effective January 1, 1999, water quality
Pecs, have been revived to include an annual fee for any permit covered under a Special Order by consent, in
addition to the standard annual fee for the permit. The Davidson County Board of Education will be
subject to an annual SOC administration fee of $500.00, in addition to its annual permit administration fees.
You will he billed for this at a later date. If you have any quostions about this matter, please contact
Charles Weaver at (919) 733-5083, extension 511.
Sincerely,
cc: Contra) Files
Winston-Salem Regional Office / Steve Tedder
SOC Y+ilos
Yvonne Martin, EPA Region 4
Joanne Pbolipa
ice! 't'ev f ?f
Coleen H. Sullins
1617 Mall Service Center, Raleigh, North Carolina 27699-1617 tatucraraoll
512 N. Salisbury S
t., Raleigh, North Carolina 27604
Phone: 010.733.5083 / FAX 914-733.07191 Internal: www.nawaterquality.org An Equal Opportunity/A?rmative Action Employer- 50% Recycled/10% Post Consumer Paper ?
SEP-02-08 10:26AM FROM-
EMC SOC WQ 90-26 Amendment VII
T-905 P.003/006 F-743
Page 1
COUNTY OF DAVIDSON _
IN THE MATTER Or NOR11-I CAROLINA) ?-/'
NPDES PERMITS HELD BY THE ) SPECIAL O.RDERIBY CONSENT ,
?
DAVIDSON COU'NT'Y SCHOOLS } BMC SOC WQ 901 r ? ` i0o? Z L ,ltf4j?
AS IDENTIFIED fN SECTION I(a) BELOW) Amendment VII
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2,1t1?i S ec l &de`i b..,,rj,?l
Consent is entered into by the Davidson County Board of Education, hereinafter refeire?to as thb '
Board, and the North Carolina Environmental Management Commission, an agency of the State of
North Carolina created by G.S. 143B-2$2, and bereinafter referred to as the Commission:
1. The Board and the Commission hereby stipulate the following:
(a) That the Board holds North Carolina NPDES Permits for seven (7) wastewater
treatment works which discharge into the below designated and classified streams of the
State, btil and unable to comply witli the•'final effluent lhrlitations set forth in the
Permits. Compliance will require preparation of plans and specifications for
construction and operation of additional treatment works.
N?DF..S School Stream River Basin Class
NCO041599 Central ,fr.lSr. UT Abbons Creek Yadkin-Pee Dee WSVI13
NCO029947 Churchland Elementary UT S. Potts Creek Yadkin-Pee Dee C
N00041629 Extended Day School UT Hamby Creek Yadkin-Pee Dec C
NCO042145 Midway Elementary UT Leonard Creek Yadkin-Pee Dee WS III
NCO042072 Northwest Elementary Huffman Creek Yadkin-Pecs Dee C
NCO041602 Silver Valley Elementary UT Fiat Swamp Creek Yadkin-Pee Dee C
NCO042749 Southwood Elementary UT Swearing Creels Yadkin-Pee Dee WS V
(b) That the Board is presently unable to comply, or will be unable to comply, with the final
effluent limitations found in Pm-t I.A. of the permits in 1(a) above, as follows:
(1) Central Jr./Sr. NH3 as N, BOD, CL2, Fecal Coliform (Max)
(2) Churchland Elementary NH3 as N, BOD, Fecal CoIiform (Max)
(3) Extended Day School NT13 as N, Fecal Coli.form (Max)
(4) Midway Elementary - NT53 as N, BCD, Fecal Coliform (Max)
(5) Northwest L-lemenrary - N133 as N. CL2, Fecal Coliform (:Max)
(6) Silver Valley Elementary NH3 as N, BOD, CL2, Fecal Coliform (Max)
(7) Southwood Elementary NH3 as N, '?OD, CL2, Fecal Colifonn (Max)
(c) That noncompliance with final effluent limitations constitutes causing and
contributing to pollution of the waters of this State named above, and the Board is
within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
(d) Since this Special Order is by Consent., neither party will file a petition for a contested
case or for judicial review concerning its terms.
2. The Board, desiring to comply with the Permits identified in paragraph I (a) above, hereby
agrees to do the following:
(a) Comply with. all terms and conditions of the Permits except those effluent limitations
identified in paragraph 1(b) above. See Attaclunent A for all current monitoring
requirements and effluent limitations. The permittee may also be required to monitor for
SEP-02-08 10:26AM PROM-
13MC SOC WQ 90-26 Amendment VII
Page 2
other parameters as deemed necessary by the Director of the Division of Water Quality
["the Director"] in future permits or administrative letters.
(b) As settlement of all alleged violations of EMC SOC WQ 90-25 Ad VI prior to entering
into this Special Order by Consent, the Board agrees to pay the sum of $10,000.00. A
certified check must be made payable to NC DENR and forwarded to the Director at
1617 Mail Service Center, Raleigh, NC 27699-1617 by no later than fifteen (15) business
days following the date on which this Order is approved and executed by the
Commission and received by the Board.
(e) Undertake the following activities in accordance with the indicated time schedule:
(1) Submit plans and specifications (if applicable) for non-discharge
alternatives or system improvements at the following school by
December 31, 2005: Northwest Elementary MET
(2) Submit plans and specifications (if applicable) for non-discharge
alternatives or system improvements at the following school by
rune 30, 2006: Midway Elementary MET
(3) Submit plans and specifications (if applicable) for non-discharge
alternatives or system improvements at the following schoos by
December 31, 2006: Southwood Elementary MET
Central Addle/Senior
Silver Valley
(4) Begin construction (if applicable) in accordance with approved plans and
specifications (if applicable) at the following school by
February 15, 2007: Northwest Elementary MET
(6) Attain compliance with final effluent limitations or cease discharge
at the following school by September 15, 2007: Northwest Elementary
(7) Begin construction (if applicable) in accordance with approved plans and
specifications (if applicable) at the following school by
September 30, 2007: Midway Elementary
(8) Begin construction (if applicable) in accordance with approved plans and
specifications (if applicable) at the following school by
October 31, 2007: Southwood Elementary
(5) Begin construction (if applicable) in accordance with approved plans and
specifications (if applicable) at the following schools by November 30, 2007:
Central Middle/Senior
Silver Valley
(9) Attain compliance with final effluent limitations or cease-discharge
at the following school June 30,2008- Silver Valley
(10) Attain compliance with final effluent limitations or cease discharge at
the following school by December 31, 2008: Central Middle/Senior
T-905 P.004/006 F-743
(11) Attain compliance with final effluent limitations or cease discharge at
the following school by January 31, 2009: Southwood Elementary
SEP-02-08 10:27AM FROM-
7-905 P-005/006 F-743
EMC SOC WQ 90-26 Amendment VII Page 3
(12) Attain compliance with final effluent limitations or cease discharge at
the following school by February 28, 2009; Midway Elementary
(13) Submit plans and specifications (if applicable) for non-discharge alternatives or
system improvements at the following school by June 30, 2009:
Churchland Elementary
(14) Begin construction (if applicable) in accordance with approved plans and
specifications (if applicable) at the following school by January 2, 2010:
Churchland Elementary
(15) Submit plans and specifications (if applicable) for non-discharge alternatives or
system improvements at the following school by June 30, 2010:
Extended Day School
(16) Attain compliance with final effluent limitations or cease discharge at the
_&P(?wing sqI ool by December, 31,2010:.. _ . , Churchland Elementary _
(17) Begin construction (if applicable) in accordance with approved plans and
specifications (if applicable) at the following school by January 2, 2011:
Extended Day School
(18) Attain compliance with final effluent limitations or cease discharge at the
following school by December 31, 2011: Extended Day School
(e) During the time in which this Special Order by Consent is effective, comply with the
interim effluent limitations contained in Attachment A.
(fJ No later than fourteen (14) calendar days after any date identified for
accomplishment of any activity listed in 2 (c) above, submit to the Director of the
North Carolina Division of Water Quality (DWQ) written notice of compliance or
noncompliance therewith. In the case of noncompliance, the notice shall include a
statement of the reason(s) for noncompliance, remedial Action(s) taken, and a
statement identifying the extent to which subsequent dates or times for
accomplishment of listed activities may be affected.
3. The Board agrees that unless excused under paragraph four (4), the Board will pay the
Director, by check payable to NC DENR, according to the following schedule for failure to
meet the deadlines set out in paragraphs 2(e) and 2(e), or failure to attain compliance with the
effluent limitations/monitoring requirements contaire? :_i Attachment A
Failure to meet a schedule date
Failure to maintain compliance with
any modified limit contained in the SOC.
Failure to achieve compliance with
final effluent limitations at final
compliance deadline
Monitoring frequency violations
Failure to submit progress reports
$500/day for the first 7 days; $1,000/day thereafter
$5000/violation
$1000
S 100 per omitted value per parameter
550/day for the first 7 days; 9250/day thereafter
SEP-02-08 10:2TAM FROM- 7-905 P.006/006 F-743
EMC SOC WQ 90-26 Amendment VII Page 4
4. The Board and the Commission agree stipulated penalties are not due if the Board satisfies the
Division of Water Quality noncompliance was caused solely by:
(a) An act of God;
(b) An act of war;
(c) An intentional act or omission of a third party but this defense shall not be available if the
act or omission is that of an employee or agent of the defendant or if the act or omission
occurs in connection with a contractual relationship with the Permittee;
(d) An extraordinary event beyond the Permittee's control. Contractor delays or failure to
obtain funding will not be considered as events beyond the Perrr*tee's control; or
(e) Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or owenge
them by a contested case petition pursuant to G.S. 1508-23, will be grounds for a collection
action, which the Attorney General is hereby authorized to initiate. The only issue in such an
action will be whether the thirty (30) days has elapsed.
5. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action
in addition to the above stipulations, including injunctive relief pursuant to 0. S. 143-215.6.(0).
6. This Special Order by Consent and any terms, conditions, and interim effluent limitations
contained herein, hereby supersede any and all previous Special Orders, Enforcement
Compliance Schedule Letters, terms, conditions, and limitations contained therein issued in
connection with NPDES Permit Numbers NCO041599, NCO029947, NCO041629, NCO042145,
NC0042072, NC0041602, and NCO042749,
7. The Permittee, upon signature of this Special Order by Consent, will be expected to comply with
all schedule dates, terms, and conditions of this document.
8. This Special Order by Consent shall expire March 31, 2012.
For the Davidson County Board of Education
rC, et dC (&4 + C17oA(S
Print Name an Title of i?nng Official
Date
ignature of igning Qfljcial
For the rth Carolina Environmental Management Commission
3 Date
Chauman o the C ssion
DAVIDSON
ROWAN
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CAROLINA ECOSYSTEMS. INC.
8208 Brian Court, Garner NC 27529
0: (919) 606-1065; F: (919) 341-4474
www.carolinaeco.com
Data Sources:
USGS 1:24,000 Hydrography
NCDOT County Boundaries
NCDOT Primary Roads
NCDOT Davidson Co. Secon
or
RANDOLPH
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Date: 01/17/10 Figure: 1 Vicinity Map
Sewer System Improvements
Extended Day School
Roads Davidson County NC
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CAROLINA ECOSYSTEMS. INC. Data Sources: Date: 01/17/10 Figure: 4 Gravity Sewer
8208 Brian Court, Garner NC 27529 Davidson County 2008 Aerial Photography Sewer System Improvements
O: (919) 606-1065; F: (919) 341-4474 Davidson County 2' topography Extended Day School
www.carolinaeco.com DMP Survey (stream, sewer alignment, parcels) Davidson County, NC
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EXHIBIT 4
Site Photographs
January 2010
Wetland area at impact site W I (temporary construction) & W2 (maintained clearing).
Page 1
Larger wetland area avoided near W1/W2.
Extended Day School Sewer Improvements
Site Photographs
Extended Day School Sewer Improvements
Site Photographs
Page 2
January 2010
Bedrock exposure in stream near crossing S 1.
Bedrock exposure in stream downstream from crossing S 1.
Extended Day School Sewer Improvements
Site Photographs
Page 3
January 2010
Pond, dam, and ourfall avoided by crossings S2 & S3.
Bedrock exposure in stream above crossings S2/S3.
EXHIBIT 5
Delineation Information
ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Phil May
Carolina Ecosystems, Inc.
8208 Brian Court
Garner NC 27529
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC County/parish/borough: Davidson City: Lexington
Center coordinates of site (lat/long in degree decimal format): Lat. See
attahced list° Pick List, Long. ° Pick List.
Universal Transverse Mercator:
Name of nearest waterbody: Pounder Fork
Identify (estimate) amount of waters in the review area:
Non-wetland waters: 150 linear feet: 10 width (ft) and/or <0.1 acres.
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: 0.1 acres.
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
? Office (Desk) Determination. Date:
® Field Determination. Date(s): 12/2/09
1
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should 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:Impact maps with permit application.
® 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:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Lexington East.
® USDA Natural Resources Conservation Service Soil Survey.
Citation: Davidson County Soil Survey.
® National wetlands inventory map(s). Cite name:Lexington East.
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
® Photographs: ® Aerial (Name & Date):Davidson County 2004.
or ® Other (Name & Date):Site photos Dec 2009.
? Previous determination(s). File no. and date of response letter:
? Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later iurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
\-
Signatu a nd d e of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
3
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre-construction notification" (PCN), or requests verification for a non-reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
2
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Date: ( q
Applicant/Owner:; }¢ -.??-„rt.k County: u.'
Investigator: Q(,;I M State:
Do Normal Circumstances exist on the site? (L9D No Community ID: t,14-
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: WIT—
Is the area a potential Problem Area? Yes ?' Plot ID: ( o S
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. F!- nt rLt•-. _71' 9.
2. >!/ r S 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16. _
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC- . {?
!/
Remarks: J?Q hfl ?ne>,?, -t_{
HYDROLOGY
_ Recorded Data (Describe in Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
?- Other
; No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
g' Saturated in Upper 12 Inches
Water Marks
_ Drift Lines
-Sediment Deposits
Field Observations: VP Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) $ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: b (in.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: _ 0 (in.) _ Other (Explain in Remarks)
Remarks:
B2 Appendix B Blank and Example Data Forms
SOILS
Map Unit Name r
(Series and Phase): ?.? I'
- ?? •, , ?O Drainage Class: U'-J1
Taxonomy (Subgroup): ?/ ( c "-!• its c Field Observations
'u Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color
(inches) Horizon (Munsell Moist)
Mottle Colors Mottle Abundance/ Texture, Concretions,
(Munsell Moist) Size/Contrast Structure, etc.
o-4 A
--?_ -- S r Y4-- 22 L .-. Dr . 0,;
Y ,?'?/2 I a )I2 L?l? Nn ; #- S,.,Q l4?cr
Hydric Soil Indicators:
_ Hstosol Concretions
_ Fistic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime _ Listed on Local Fydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or Low Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Q9 No (Circle) (Circle)
Wetland Hydrology Present? No ?
Hydric Soils Present? No Is this Sampling Point Within a Wetland? G:rJ No
Remarks: /1 ^ (( ?J
-eeA w
11 :?
Approved by HQUSACE 3192
Appendix B Blank and Example Data Forms 133
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: r K Date:
Applicant/Owner: I? .._ County:
Investigator: a;l A-f- . State: ?JG
Do Normal Circumstances exist on the site? ?Ye3 No Community ID:`
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: UV
Is the area a potential Problem Area? Yes XNe? Plot ID: o
If needed, explain on reverse.
VEGETATION
Dominant Plant Soecies Stratum Indicator Dominant Plant Species Stratum Indicator
'. 14 , & r- MIJ ?54L 9.
2. EA-e 10.
_
4_1 L 12.
5. 1 e a O l2, r. A 13.
6. 14.
7. I 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAG G?
(excluding FAC- .
Remarks:
r!.tr?>? s r t? 1.-a r'. •tt..?` ,-.t? ;R.GI?. ?j'r?.?
HYDROLOGY
_ Recorded Data (Describe in Remarks):
_ Stream, Lake, or Tide Gauge
-Aerial Photographs
_ Other
?No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
_ Saturated in Upper 12 Inches
_ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: "- (in.) _ Other (Explain in Remarks)
Remarks: N) P•
n? F
tN
a
132 Appendix B Blank and Example Data Forms
SOILS
Map Unit Name 1 F
(Series and Phase): J??:>i? -^ '.d (?t e'?. r• Drainage Class:
t
T
?; S
S
b
( ti?( I Field Observations
axonomy (
::
u
group): ty
!
L. MA sf> Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color
Mottle Colors Mottle Abundance/ Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Structure, etc.
4 ?0 Vp zd2 toK
f i pyr.
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon _ F6gh Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Fydric Soils List
_ Reducing Conditions Listed on National Fydric Soils List
Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? (A No (Circle) (Circle)
Wetland Hydrology Present? Yes ???
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes C:0
Remarks: U???.? S ?n/_ ?? u_.-•?!K. e.? + r? ?'l?
Approved by FIQUSACE 3/92
Appendix B Blank and Example Data Forms B3
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: ? 2 j ? of Project: ? Latitude:
Evaluator: Site:' Longitude:
Total Points: / Other
Stream is at least intermittent County: "
if z 19 or perennial if z 30 e.g. Quad Name: La.
A. Geomorphology (Subtotal = ?+•S(?5.? Absent Weak Moderate Strong
1a. Continuous bed and bank 0 J?? 2 3
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 1 2 3
4. Soil texture or stream substrate sorting 1 2 3
5. Active/relic floodplain 1 2 3
6. Depositional bars or benches 1 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 1 2 3
9 a Natural levees 1 2 3
10. Headcuts 0 2 3
11. Grade controls 0 0.5 <20 1.5
12. Natural valley or drainageway 0' 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
o = 6
Yes = 3
- Man-made ditches are not rated; see discussions in manual
B- Hvdroloav (Subtotal = 1.0 1
14. Groundwater flow/discharge 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 1 2 3
16. Leaflitter 1.5 1 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 Qpi) 1 1.5
19. Hydric soils (redoximorphic features) present? No = Yes = 1.5
C. Bioloav (Subtotal = 3. J )
20 . Fibrous roots in channel 3 1 0
21 . Rooted plants in channel 3 2 0
22. Crayfish 0.5 1 1.5
23. Bivalves 1 2 3
24. Fish 0.5 1 1.5
25. Amphibians it74? 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) (A) 0.5 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria/fungus. 0.5 1 1.5
29 . Wetland plants in streambed FA = ; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
Items 20 and 21 focus on the presence of upland plants, Item`2 focuses on the presence of aquatic or wetland plants.
C4cMY?• N"?
4Notes: (use back side of this form for additional notes.)
`! `'?
t
i
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: '2 1'-71o o` Project: `7 Latitude:
Evaluator: }7(,' Site: C>? Longitude:
Total Points: Other
Stream is at least intermittent County: 5 oF n e.g. Quad Name:
if 2 19 or perennial if 2 30
A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong
1a. Continuous bed and bank 0 1 2 (1-->
2. Sinuosity 0 1 3
3. In-channel structure: riffle-pool sequence 0 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 2 3
6. Depositional bars or benches 0 1 <f AID 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 0 1 3
9 a Natural levees CD 1 2 3
10. Headcuts 0 1 3
11. Grade controls 0 0.5 1.5
12. Natural valley or drainageway 0 0.5 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No 0
Yes = 3
Man-made ditches are not rated; see discussions in manual
B. Hvdroloov (Subtotal = 4, 1
14. Groundwater flow/discharge 0 C1_,." 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 0 2 3
16. Leaflitter 1.5 0.5 0
17. Sediment on plants or debris 0 .5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5
19. Hydric soils (redoximorphic features) present? No = 0 C-Ye-s = 1.5
C. Bioloov (Subtotal = )
20 . Fibrous roots in channel <:3? 2 1 0
21 . Rooted plants in channel Z!lp 2 1 0
22. Crayfish 0.5 1 1.5
23. Bivalves 1 2 3
_
24. Fish 0.5 1 1.5 A
25. Amphibians 0 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0. 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria/fungus. 0.5 1 1.5
29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Othe = 0
- Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Notes: (use back side of this form for additional notes.) Sketch:
t ,r? ?n gs,r?
EXHIBIT 6
Engineering Plans & Details