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HomeMy WebLinkAbout20100400 Ver 1_401 Application_20100510r " 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 y2 "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 r- co r m` a w' 0 E °C H0 N E o _ ca 0 c o: 0 U m 0 Q Z U v co 3 a O 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 Extended it C f i C? E Proposed Pump Station O ? V* d U r C 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 N Date: 01/17/10 Figure: 1 Vicinity Map Sewer System Improvements Extended Day School Roads Davidson County NC ♦ (; O � CIO U) O m O C14 tomo gyp+ ,,�/ . . �i p c v �`•— tf ' • : .� r'r ���, '• � C'-- PLO v � �, ` '.../'%'`.. �,,, obi l�_in' (• 'r � � 3 4? > •-- �`� =� - f�-' �� fir^` .,- 1- �' `�.� _o l_�. � � ; � .-.-- �. •., til cu o�% 1 _'���; J,� '-�.) .�,✓�`=� a N LL ift IN . L, _;,`-fir; �,.,•, � �t �- �s�ti,,s� � 7.)1 j e � � � .� .,� - _~ `�...'' •� {+fit .{�� V..��1� f r {`%jj �,� ` ~� �' SN �r.•t '•tl ►•T /46• '�; t-..'�.i=: • • �Ui�}4 a�=r. 'lC1 1 "-� -� !`. i 4 ��.' `�`s ��•�` O i1,i •`� - � f /lir ,r-.....� ��,�-_!, � y _..-.,�"., ir� 'ir`I `� t E�11L,��`-� "f �f '�i r i ✓( j r''. ' 0 p 13 rr Ci 1 ,. . A •-"i" �Y- �-E � � c� ' �--".r�`QSj�.--' i � .l oZ o u� KL00, al U) J • .� l� i l � r' �' O r i, r ( v;� v ,' ,�• Z C co `...1�;I;r4 a r %' t S t _ _ -� U coNp m c� r J m c W (n w c m E apOoU w as Z �Ec)> U NSU M U) CD O cm CD cu �(nw0 O N y y f0 O MW 1 C � n � C 7 c a U) O O�—f- U) -1400 is mUU oazz v V rn^ N z n� y CNU FW Z rn N ` C � LL S 0 U V to C w o 0 Z cam- coo rn t o U C*J 0 Line adjusted to avoid larger of two wetland areas while minimizin>; disection of vroi erti, 4 V 4 , 1< #1441, R , ?f/Fr ie O s Extended I ??r.,+?r&:c Dav School Site W1 & W2 Pump ?1 Nom. ?• K ?.Q',{,t\ ` J i ?/?2 I:,\,? Station 01 Two crossings required to avoid pond dam 44 ?? ` '' Site S3 and outfall while remaining 50 feet from streams. r. ' ?> •, 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 w I 75 0 .. ik '+YK O O Z r ? 'Ly .? 'Y 3 ?- fa O k j n In. E JA ? ? ? ? NI. ? LO U) CD 0 ? a Q., ? • t. a ody3 ? C "C h o V` o 2) ai X c '. li (n W D p Z? >C,4 C v > E od N 2 80 0 c Qs Z c EU? ?E>, a \ X00 ---- ca cn CD 0 ui -a CO CD ca a 3 ? > 1 Li Cn w o 1 1 O 1 1 ai 1 1 N 1 ? 1 1 4-0 1 1 a) 1 1 LL 1 1 1 O 1 LO 1 1 1 N U 1 va o 1 1 •? 1 3g 1 v o i \ LO 1 1 ? N ? U 1 G R Of ?L, ?o ji v U N N 1 0 ? U) C ? ma ro ? a o ? OD ? ? N 1 ? ? ? ? US N U ? ? ? ? W Z rn ?,, ? ? ? ? ?` O ? U r- 0 4)o ? 0 o LLI ,, ? o m ? a C) co ICU Co (D 0 Go a) 0 u C-4 z c m ? o O U u) E v Z c N - CO (n ND 0 ~ U) o a) cu i ' LL cn W 0 ' o ; 0 ;i ; i. °. LL 10 o . V U O ? p" ? ? i % i (/1 0 41* U N 414 ?n cn ? io a ??-? ? °' ? N 04 \. Z n U Z _rn LLJ LI: N C7 E O ui a U LLI j o U o? d 4 U co m co 0 -- ,-J m °' 0 lz co u cj ► I ` z� Cf) E 06 2 > 8 — N C/) z cn .9 U) :3 a) M 0 co >, -D c U) (D 0 2) a) —x cc LL U) LU 0 LL LO 0 LO .............. 0) CN L) t ............ ---------------- 0 a) CO m N2 r-, 0) N U) CN L) Z C Z6 LI: E 0 (D L6 00 V t� co 6 W -, �R - L) J f co .9 6 m M co 2 0 m co U CN 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