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HomeMy WebLinkAbout20100620 Ver 1_401 Application_2010071020100620 Concord Office 75 Old Airport Road Concord, NC 28025 Phone - 704-202-7877 Fax - 704-788-2253 July 26, 2010 CEC Project # cec-127 wl To: US Army Corps of Engineers Asheville Regulatory Field Office Attn: Steve Chapin 151 Patton Ave, Room 208 Asheville, NC 28801 From: Brandon Fulton, LSS Carolina Environmental Consultants, Inc., PA. 75 Old Airport Road Concord, NC 28025 Re: AT Allen Elementary Replacement School Cabarrus County, NC Coverletter and Proiect Information: JUL 2 v 2010 DE-NR - WATER QUAUTy WETLANDS AND STORXUAMR ERANCN Carolina Environmental Consultants (Brandon Fulton) spoke with Mr. Eric Kulz of your office on July 23, 2010 concerning this project. If at all possible I would like to request that Eric be the recipient of this application due to his background knowledge of the project. On behalf of the owner, Cabarrus County Schools (Attn: Len Witke), please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Quality (NC- DWQ) for "After the Fact" permitting of activities completed on a culvert replacementlextension impacting an intermittent unimportant stream. Requested is Nationwide Permit 14 and Water Quality Certification 3820 to obtain compliance. Addendum to the previous Jurisdictional Determination to include the culvert location is also being requested from the USAGE. The "project" with regards to this permit application is in reference to a culvert running under Miami Church Road in Cabarrus County. Miami Church Road was widened due to anticipated influx of traffic associated with the newly built AT Allen Elementary School. All wetland and stream features on the "main" school site were avoided. The "main" school site exists northwest of the intersection of Miami Church Road and Abilene Road. Upon the widening of Miami Church Road, Cabarrus County Schools was dedicated an easement for Lexington Office 304 Breckenridge Court Lexington, NC 27292 Phone - 336-596-7585 I- In NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly/Eric Kulz 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 j Carolina Environmental Consultants, Inc., PA - 704-202-7877 purpose of improving the existing culvert. This culvert was replaced with a new culvert to support the road widening activities. Nearing project completion, NC DWQ was called to the site for erosion complaints from neighboring property owners associated with the "main" school site. During this inspection, DWQ discovered the culvert extension, and the intermittent stream it had impacted. An NOV was released to Cabarrus County Schools for the sediment violations; included in the NOV was a request for the culvert to be permitted for compliance. All other stormwater and sediment/erosion control issues are being handled by a different consultant and have since been resolved to my knowledge. According to the DWQ stream origin designation, impacts will total 60 feet of stream. Impacts totals are measured from the end of the former culvert (DWQ designated stream origin) to the end of the rip rap dissipation pad of the new culvert (end of dedicated easement). Please see below for project summaries and impact totals, as well as attachments. PROJECT SUMMARY Project Name AT Allen Replacement School Project Type New Elementary School Construction/Culvert Replacement Owner / Applicant Cabarrus County Schools County Cabarrus Nearest Town Concord Waterbody Name UT to Hamby Branch Basin / Sub-basin 03040105 Class C Decimal Degrees (culvert impact) 35.36002278D N; 80.513281 ID W IMPACT SUMMARY Stream Impact (acres): 0.003 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres): 0.003 Total Stream Impact (linear feet): 60 Total Riparian Buffer Impacts (square feet): 0 Attachments: NC DWQ 401 Certification Fee for Minor Impact ($240) Pre-construction Notification (PCN) Application Form Agent Authorization Vicinity Map USGS Vicinity Map & Cabarrus County Soil Survey Aerial Photo of Pre-Construction Conditions USACE Jurisdictional Determination (Action ID# SAW-2008-3091) for main school site, addendum is requested from USACE for stream at culvert location. USACE JD Form NCDWQ Stream Form (for stream in culvert) USACE Stream Form (for stream in culvert) Upland Data Form Carolina Environmental Consultants, Inc., PA - 704-202-7877 Notice of Violation from DWQ Response Letter From Cabarrus County Schools for NOV (cont.) Approved Stormwater Permit #SW3090601 Signed/Notarized Copies of O and M agreement Pre Construction Site Conditions (2 pages) Existing Conditions (Main School Site and Culvert Location) Impact Map of Culvert Pipe and Impact Total (impact total is stream total) Full size plan of culvert crossing (road improvements map). X Sections of Culvert and Miami Church Road Site Pictures of Culvert/Stream Please contact me if you have any questions or comments, 5u? Brandon Fulton, SS Carolina Environmental Consultants, Inc., PA 704-202-7877 www.nccec.com bfulton@nccec.com Carolina Environmental Consultants, Inc., PA - 704-202-7877 2 0 1 0 0 6 2 0 o/??oFyw a?rF9QG 1DO O Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification C 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: NW 14 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 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: AT Allen Replacement School Culvert Extension 2b. County: Cabarrus 2c. Nearest municipality / town: Concord 2 np? . -Q 2d. Subdivision name: NA +5? lull 2e. NCDOT only, T.I.P. or state project no: NA ?? J U L L 9' L 10 3. Owner Information DEMR _ WATER QUALITY 3a. Name(s) on Recorded Deed: WET Cabarrus County LANDS , . c, ER OM61 3b. Deed Book and Page No. .087570312 3c. Responsible Party (for LLC if applicable): Cabarrus County Schools 3d. Street address: 4401 Old Airport Road or PO Box 388 3e. City, state, zip: Concord, NC 28025 for direct address, 28026 for PO Box 3f. Telephone no.: 704-262-6219 3g. Fax no.: 704-786-6141 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Cabarrus County Schools 4b. Name: Len Witke, Director of Construction 4c. Business name (if applicable): Cabarrus County School System 4d. Street address: 4401 Old Airport Road 4e. City, state, zip: Concord, NC 28025 4f. Telephone no.: 704.262.6219 4g. Fax no.: 704.262.6244 4h. Email address: len.witke@cabarrus.k12.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Brandon Fulton, LSS 5b. Business name (if applicable): Carolina Environmental Consultants, Inc., PA 5c. Street address: 75 Old Airport Road 5d. City, state, zip: Concord, NC 28025 5e. Telephone no.: 704-202-7877 5f. Fax no.: 704-788-2253 5g. Email address: bfulton@nccec.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): 55498074420000 1 b. Site coordinates (in decimal degrees): Latitude: 35.36728 Longitude: - 80.51417 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 28 acres, easement area is <.03 acres acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Hamby Branch proposed project: 2b. Water Quality Classification of nearest receiving water. C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Replacement Elementary School has been built with associated fields and parking areas on "main school site". Impact is located south of main site on adjacent to Miami Church Road. Culvert was replaced with wider and longer culvert to account for widening of Miami Church Road. Road was widened for purpose of additional traffic associated with new school. 3b. List the total estimated acreage of all existing wetlands on the property: .124 acres on main school site 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 346 feet on main school site. 60 feet from end of previous culvert to outfall of dissapator pad of new culvert/ROW easement. 3d. Explain the purpose of the proposed project: To widen Miami Church Road to account for additional traffic demand associated with new school. 3e. Describe the overall project in detail, including the type of equipment to be used: AT Allen Elemntary School has been completed, no impacts to jurisdictional features on main site. A Culvert has been replaced on Miami Church Road, adjacent to the "main school site" impacting approximately 60 feet of intermittent stream bed. This was not within the scope of the original project and was therefore not anicipated. 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: Addendum to current JD on "main school site" will be requested for the impact area caused by the culvert ® Yes ? No ? Unknown extension and will include easement ROW currently occupied by culvert extension and rip rap outflow area. Correspondece with Steve Chapin 7-23-10 to explain impact and decide on NWP 14 "After the Fact" Permit Submission. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ®Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Concord Engineering and Name (if known): Chrissie Raymer for "main school site" Surveying/ Brandon Fulton, with Carolina Environmental , Brandon Fulton for Culvert Location Consultants evaluated culvert location. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. DWQ site visit 10-1-08 (Barry Love), USACE JD issued for "main school site" 12-2-08 (SAW-2008-3091), DWQ site visit with Polly Lespinasse 7-21-10 for stream determination at cul e t l ti v r oca on on Miami Church Road. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. NA 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 W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ 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 2h. Comments: 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 - or (PER) (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) Culvert Relaced S1 ®P ? T and extended, rip UT to Hamby ? PER ® Corps 2 5 60 rap dissipation Branch ® INT ® DWQ . pad S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ 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 60 3i. Comments: Stream has been impacted by the culvert extension/replacement and rip rap outflow dissapation pad. 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 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then 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 K 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. ? Neuse ? 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? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 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. Main school site contains wetland and stream features. Cabarrus County School system completely avoided impacts to both the wetland and stream on "main school site".The widening of Miami Church Road for traffic associated with new school resulted in widening and extending the existing culvert. Since this area was not within the initial project scope, the beginning of an intermittent stream was impacted by the culvert and rip rap dissapation pad. The culvert and outfall are within a legal easement ROW secured by Cabarrus County. Although not directly abutting the "main school site", it still is connected to the school site through the road widening requirement. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Cabarrus County Schools planned school buildings, parking and fields to avoid all jurisdiciontal features on "main school site". 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. , Comments: El Yes E] No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 46.7% 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater Management Plan approved by NC DENR July 20, 2009 (see attached). ? 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 apply (check all that apply): ? USMP ? 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 4a. Which of the following state-implemented stormwater management programs apply [] HQW ? 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 (federaVstate/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 26 .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): Stormwater violations discovered by NC DWQ. Please see attached NOV. Culvert impact discovered during site visit by DWQ, therefore spawning the need for an After The Fact Permit. Culvert extension also named in the current NOV. 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. 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. Wastewater generated will be treated via sanitary sewer. 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? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Cabarrus County is not a designated required county to notify USFW per USACE. 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? Correspondence sent to NC NHP for notification, awaiting response from that office. 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? Correspondence sent to NCSHPO and NC OSAfor notification, awaiting response. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Cabarrus County GIS Brandon Fulton, LSS _911t1c.-L Jib?? 7-c2 7-,10 Applicant/Agent's Printed Name Applicant/ ent's Signature Date (Agent's signature is valid only if n authorization letter from the applicant is rovided.) Page 11 of 11 PCN Form -Version 1.3 December 10, 2008 Version r Concord Office E Lexington Orikc 75 01d Airport Road r 314 firecken+idge Court Concord, NC 284125 A? Lexington, NC 27292 A ProfesWrW Assodatiott Phone • 10d-202-9$77 ML Phone • 336-596-7585 Fax - 704.788-2253 Carolina Envlmrwnental COnoLdtants, Inc., P .A. AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner Name: 1 tit W?m'? Address: O• ?? +ftitaGt? ' (J. s C> Phone: Project Name/Descri lion: A J, Date:?Yi Z VI ? The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Steve Chapin Field Office: Asheville Re: Wetlands Related Consulting and Permitting To Whom It May Concern: 1, the current property owner, hereby designate and authorize Carolina [nvironmental Consultants, Inc., PA. to act in my behalf as my agent in the processing of permit applications, to Furnish u on request su )plem ntal information in support of applications, etc. from this day forward. The day of In --' I W10 This notification supersedes any previous correspondence concerning the agent for this project. NOTICE.: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by CEC staff. You should call CEC to arrange a site meeting prior to visiting the site. ?Alg'Ru5 Print Property Owner's Name Property Owner's cc: Mrs. Cyndi Karoly cc: Mr. Brandon Fulton, LSS NCDENR - DWQ Carolina Environmental Consultants, Inc., PA 2321 Crabtree Blvd., Ste 250 Raleigh, NC 27604-2260 r'; 4 Cabarrus County Map Name: Cabarrus County GIS Telephone: (704) 920-2154 AS Vici nity Map Website: www.cabarruscounty.us/gis I s 4 y R .,? ` 'may !l' - 41F to 5 ? C' cvl-G r J 601 'a b- Cdl ? i ,• www.cabarruac US/GIST Y ?' V ? ? Map Printed On July 27, 2010 Legend LoOmensions Disclaimer Cabarrus County shall not be held liable for any errors in the data represented on this map. This includes errors of omission, commission, concerning the content of the data, and relative positional accuracy of the data. The data cannot be construed to be a legal document. Primary sources from which this data was compiled must be consulted for verification of information represented on this map document. Map Name: CONCORD SE Scale: 1 inch = 2,000 ft. Horizontal Datum: NAD83 Print Date: 07/27/10 Map Center: 035.3620544' N 08 l (l?? 1 14 ?j 9B '? (28d? ' 6d 5 ??? it ?,• ? ! ? ...? All AT Allen Replacement i I r =? School. 'Main Site' .: .• •:aV`7 L? --j~ Culvert q ry,? ;' Outfall ; 66, lzwl ?i v[ j aul f C6l?r?u Q L4 ?? ? \/?\^'?--.-?? ? I _ 1 (]salt ??.!?. off; I\Y SCALE 1:24000 1 . o MILE _ Co yr; ht C 2009 M To 0 AT Allen Replacement School/Sewer Outfall ROW, Concord, NC N V cn.?•,...can - Name: Cabarrus Coun GIS Cabarrus County Map Telephones (704) 92-0-2154 ! UVebsite: www.cabarruscounry.nsr'gis y •?F J r s . t I tt,?fAyt c x r m i1 ti`s ` M !1 T ?s ? ?+`' . • - '?-+• ?}- ?5M il .,I _!.? ?Rl r. ?r •r?i '- °ScG.L?j: •: - _ 1 1 A l 1 ?, iv{ i j t. 1Z.. _: t F s v 7^I fk'X r, r + fi a + 'W,VW, CZ I.) a pruscoa i-_j•.13 ' 5 t I{. 7•/• --„y. ..,! Map Printed On July 25, 2010 Legend LoOme nsio ns Disclaimer Cabarrus County shall not be held liable for any errors in the data represented on this map. This includes errors of omission, commission, concerning the content of the data, and relative positional accuracy of the data. The data cannot be construed to be a legal document. Primary sources from which this data was compiled must be consulted for verification of information represented on this map document. _ .' r AERIAL 2009 h SHEET NUMBER 6 CABARRUS COUNTY, NORTH CAROLINA PoF EnB MeB MeD , , - ,,,,,, «<. W 1J E n D4 y F c EnB a4ec 80°30"00" 35° 22 CuB2 r CuB2 1M n -•_?u ooo x 1 ? _ MeB U a 229. MeD w BaD ^ P U ."_C h U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-3091 County: Cabarrus . U.S.G.S. Quad: Concord SE NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Address: Cabarrus County Schools, Attn: Samuel Masters PO Box 388 Concord, NC 28026-0388 Telephone No.: 704-262-6219 Property description: Size (acres) 28 approx. Nearest Town Concord Nearest Waterway Coldwater Creek River Basin Yadkin USGS HUC 03040105 Coordinates N 35.3627 W 80.5141 Location description A.T. Allen Replacement School Site Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The surface waters and/or wetlands have been delineated and surveyed and are accurately depicted on the maps provided by your consultant/agent dated November 13, 2008. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Page 1 of 2 Action ID: _ SAW-2008-3091 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Steven Lund at 828-271-7980. C. Basis For Determination Wetland Data Forms, Stream ID Forms and Jurisdictional Determination Forms included with submittal of November 13, 2008 by CESI. The unnamed tributary to Coldwater Creek (Stream S) onsite is an intermittent stream (RPW) that flows to Coldwater Creek and the Rocky Rivera traditionally navigable water (TNW) Wetlands have been identified on the site and are abutting the channel. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Steven Lund, Project Manager, Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date of this verification. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Steven W. Lund Date: December 2, 2008 Expiration Date: December 2, 2013 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit hqp://www.saw.usace.gM.miVWETLANDS/index.html to complete the survey online. Copy furnished: Christina Raymer, CESI, PO Box 268, Concord, NC 28026-0268 Page 2 of 2 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: Addendum to JD SAW-2008-3091 to incorportate easement containing culvert and stream assoicated with AT Allen Replacement School. Stream beginning under Miami Church Road west of Intersection with Adilene Road State:NC County/parish/borough: Cabarrus City: Near Concord NC Center coordinates of site (lat/long in degree decimal format): Lat. 35.360022° N, Long. 80.513281° W. Universal Transverse Mercator: Name of nearest waterbody: UT Tributary to Hamby Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Pee Dee River Name of watershed or Hydrologic Unit Code (HUC): Rocky Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: 9-18-08 for main school site Field Determination. Date(s): With DWQ 7-20-10 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 ? TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 60 linear feet: 2.5 width (ft) and/or .003 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section H LC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: -40acres Drainage area: -15 Pick List Average annual rainfall: 46.44 inches Average annual snowfall: 5.4 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through 3 tributaries before entering TNW. Project waters are 30 (or more) river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 30 (or more) aerial (straight) miles from TNW. Project waters are I (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: UT to Hamby Branch to Rocky River to Pee Dee River. Tributary stream order, if known: a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ® Manipulated (man-altered). Explain: Culvert extension/replacement in easement has altered stream characteristics.. Tributary properties with respect to top of bank (estimate): Average width: 2.5 feet Average depth:.5 feet Average side slopes: 3:1 . Primary tributary substrate composition (check all that apply): ® Silts ® Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ® Vegetation. Type/% cover: wet veg approx 50% ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Eroding. Presence of run/riffle/pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 4% % (c) Flow: Tributary provides for: Intermittent but not seasonal flaw Estimate average number of flow events in review area/year: 6-10 Describe flow regime: Other information on duration and volume: Receiving flow from stormwater located up from culvert. Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ® changes in the character of soil ? ? shelving ? ® vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ® sediment deposition ? water staining ? ? other (list): ? Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: ?' ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Tributary is altered and receiving water from stormwater network from new school site up gradient. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): None. ? Wetland fringe. Characteristics: None. ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: pick List Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximily (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. [] Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): 0 Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. (] Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section II1.13 and rationale in Section III.D.2 above. Provide rationale indicating that wetland is directly Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). Impoundments of jurisdictional waters! As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'o which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. F1 which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: "See Footnote # 3. v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other. (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® 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 RUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Concord SE 1/24000. [Q USDA Natural Resources Conservation Service Soil Survey. Citation:NRCS Cabarrus County Soil Survey. National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):2009 frrom Cabarrus County GIS. or ? Other (Name & Date): Previous determination(s). File no. and date of response letter: SAW-2008-3091 for main school site, requesting addendum to JD to add easement area for culvert alteration.. Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 1-'2 p 10 Project: AT AL10.4 Latitude: 3 5. 36 0 b a. 2*1J Evaluator: ` Site: 6711vty Longitude: $ • ?I?.••? Cutve?- 0? t??.. $ 0.513 ,2 g 1 ' W Total Points: Stream is at least intermittent County Other if Z 19 or perennial if z 30 ?_7/•'? S C it S j 04L" e.g. Quad Name: C 0 rkcord S E A. Geomorphology (Subtotal = X Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 2 3 5. Active/relic floodplain 0 2 3 6. Depositional bars or benches 0 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 0 1 2 3 9 a Natural levees 1 2 3 10. Headcuts 1 2 3 11. Grade controls 0 0.5 1 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. A Yes = 3 rv1an-n1aue URUIes are nor rates; see uiscusslons in manual R Hvrirninnv fSuhfnfal = 7.5 1 14. Groundwater flow/discharge 0 1 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or growing season 0 1 O2 3 16. Leaflitter 1.5 1 .5 0 17. Sediment on plants or debris 0 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 es = 1.5 C. Bioloav (Subtotal = 315 1 20b. Fibrous roots in channel 3 2 1 0 21 . Rooted plants in channel 3 2 1 0 22. Crayfish 0.5 1 1.5 23. Bivalves == ±=(9 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; ACW = 0.7 OBL = 1.5 SAV = 2.0; Other = 0 ?•••? ., -1 1 u1c vlcacin.a Vi upiarru piains, rein zu tocuses on me presence of aquatic or wetland plants. Notes: (use back side of this fort for additional notes.) Sketch: 5TRG4w^ 1" .facrQP C"'rt.'r+ Exkns;ers? C.,,lv,'?1' Rae.d wrde?+??.a M:a»: ChVvoh (2c?)?? C-•?rtw ?,-J' j USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET M Provide the following information for the stream reach under assessment: 1. Applicant's name: CAbor"S Coaw f y .,S f.4* r 2. Evaluator's name: 1364^1060J Fvt/li 1 3. Date of evaluation: 1 • a 1 - 1 4. Time of evaluation: " • 0 0 Ao"' 5. Name of stream: -%) T H aw+b y g/'*ISe A 6. River basin: V«a titA 7. Approximate drainage area: ti 1 O 8. Stream order: 9. Length of reach evaluated: N SIG • 10. County: 0a bwrrys 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): ` t Latitude (ex. 34.872312): 3 5. 3 V O O? 2 Ja Longitude (ex. -77.556611): $O. 5 3? S 1 W Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and andmarks and attach map identifying stream(s) location): W c: r v F rwt i- *F N1: e,M: C-kwL v-,L, jZ &4o v A b;) m e V-ch o 14. Proposed channel work (if any): T*A J! •t re0 1 y Cc Vert f E X knrie4 15. Recent weather conditions:- S, -,I-t L t O F- gA;6 y e c kra!!f 16. Site conditions at time of visit: S u. Fi"%f 10 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES `0 If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES (O 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: 30 % Residential _% Commercial _% Industrial _% Agricultural _% Forested _% Cleared / Logged _% Other ( ?6*ro 22. Bankfull width: **J a? • 5 23. Bank height (from bed to top of bank): ?$ 24. Channel slope down center of stream: -Flat (0 to 2%) ? Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: ? Straight -Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): t.1C?t?Sion?. Rt?5• Comments: S+rco m 10" p +C,160 b y e alvcr-f Qi vNAq Srawtoi W 4 - vp ar Evaluator's Signature 4" (SS Date 7- 21-1 O This channel evaluation form is int ded to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET WIN ? 3? ?? y t F1° '' ..a N9014 . 1!7 R . A4f . A k 1 Presence of flow /persistent' pools in stream 4 no flow or saturation = 0' strong flow = max oints 0-5 0- 0-5 a 2 Evidence of past human alteration 0-6 0-5 0-5 extensive alteration = 0• no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 no buffer = 0• contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges extensive discharges = 0; no discharges = max points) 0-5 0-4 0-4 5 Groundwater discharge no discharge = 0; springs, seeps, wetlands, etc. = max oints 0-3 0-4 0-4 CP U; j r.a. 6 Presence of adJ acent floodplain no flood lain = 0• extensive flood lain - = max points) 0 -4 0-4 0-2 0 7 Entrenchment/ floodplain access (deeply entrenched = 0; frequent flood' = max points 0 - 5 0 - 4 0 - 2 a 8 Presence of adjacent wetlands no wetlands= 0• large adjacent wetlands =. max points 0 - 6 0 - 4 0 - 2 0 9 Channel "sinuosity 0 extensive channelization = 0• natural meander ° max points) -5 0-4 0-3 1 } 10 Sediment input extensive de sition= 0; little or no sediment = max points) 0-5 0-4 0-4 ?" 11 Size & diversity of channel bed substrate .? fine, homogenous = 0; large, diverse sizes = max points 0 - 4 0 - 5 1 ` 12 Evidence of channel incision or widening (deeply incised = 0• stable bed & banks = max points) 0-5 0-4 0-5 13 Presence of major bank failures severe erosion = 0• no erosion stable banks = max points) 0-5 0-5 0-5 14 Root depth and density on banks no visible roots = 0; dense roots throughout = max points) 0-3 0-4 0 -5 3 15 Impact by agriculture, livestock, or timber production substantial im act =:O; no evidence = max points 0 - 5 0 - 4 0 - 5 16 Presence of riffle-pool/ripple-pool complexes ' no riffles/ripples or pools = 0; well-developed = max points 0 - 3 0 - 5 0 - 6 17 Habitat complexity ?r little or no habitat = 0; frequent, varied habitats = maxi points 0 - 6 0 - 6 0 - 6 18 Canopy coverage over streambed no shading vegetation = 0• continuous canopy = max points) 0-5 0-5 0-5 f7 19 Substrate embeddedness rr ,? %" (deeply embedded = 0 loose structure = max ? 1 ' 0 - 4 0 - 4 20 Presence of stream invertebrates (seepage 4) no evidence = 0• common numerous types = max points) 0-4 0-5 0-5 21 Presence of amphibians no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 0 22 Presence of fish no evidence= 0; common, numerous types= max oints 0-4 0-4 0-4 Q 23 Evidence of wildlife use no evidence = 0; abundant evidence = max points) 0-6 0-5 0-5 Total Points 104, • f3 } abe) TOTAL SCORE .(a15o ent'e'r on first ?5 P 0 _ .........................,,...w Q+ uv? aaacebb ti cvabmi streams. V PL pJ 0 0ATR Forn^ WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: AT Allen Replacement School City/County: Cabarrus County Applicant/Owner: Cabarrus County Schools State: NC Investigator(s): Brandon Fulton, LSS Section, Township, Range: Landform (hillslope, terrace, etc.): Toe slope Local relief (concave, convex, none): Linear Subregion (LRR or MLRA): Lat: 35.36278 Long: 80.51417 Soil Map Unit Name: Enon Are climatic / hydrologic conditions on the site typical for this time of year? Yes _ Are Vegetation ?, Soil ?, or Hydrology ? significantly disturbed? Are Vegetation ?, Soil ®, or Hydrology ? naturally problematic? 0 No ? (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes _ (If needed, explain any answers in Remarks.) ? No 11 SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ? No ? Is the Sampled Area Hydric Soil Present? Yes ? No within a Wetland? Yes ? No Wetland Hydrology Present? Yes 13 No X Remarks: HYDROLOGY Hydrology Indicators: rnmarv maicators (minimum of one is reauirect check all that apply) U Surface Soil Cracks (66) E2 Surface Water (Al) El Water-Stained Leaves (69) ? Sparsely Vegetated Concave Surface (68) High Water Table (A2) ? Aquatic Fauna (B13) ? Drainage Patterns (1310) ® Saturation (A3) T I ?-I Mari Deposits (1315) (LRR U) El Moss Trim Lines (616) Water Marks (61) Hydrogen Sulfide Odor (Cl) Dry-Season Water Table (C2) Sediment Deposits (B2) Oxidized Rhizospheres on Living Roots (C3) Crayfish Burrows (C8) Drift Deposits (B3) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) 0 Iron Deposits (B5) ?y Recent Iron Reduction in Tilled Soils (C6) ! I Thin Muck S f C7 Geomorphic Position (D2) tJ h l -0 Inundation Visible on Aerial Imagery (137) ur ace ( ) -q ? !J Other (Explain in Remarks) S a low Aquitard (D3) In FAC-Neutral Test (D5) Surface Water Present? Yes ? No El Depth (inches): Water Table Present? Yes ? No El Depth (inches): Saturation Present? Yes ? No IM Depth (inches): Wetland Hydrology Present? Yes ? No 0 (includes capillarv frinae) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Print Form Sampling Date: 7-21-10 Sampling Point: 1 Slope (%): 5% Datum: NAD 83 NWI classification: NA US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: ) 1 Acer rubrum 2 Fagus grandifolia 3 Cercis canadensis 4. Cornis florida 5 Quercus phellos 6. 7. Absolute Dominant Indicator % Cover Species? Status ? Fac ? Facu ? Facu Facu ? Facw- = Total Cover Sapling Stratum (Plot size: ) 1. ? 2. ? - 3. ? 4. _ ? 5 ? - 6. © - 7 ? - = Total Cover Shrub Stratum (Plot size: ) 1. ? 2. ?- 3. 4. ? 5. _ ? 6. _ ? 7. ? - = Total Cover Herb Stratum (Plot size: ) 1 Turf Grass 2. ? - 3. ? 4. ? 5. ? 6. ? 7. 8. ® - 9. 10. ? 11. ? 12. ? - 80% = Total Cover Woody Vine Stratum (Plot size: ) 1. ? 2. ? 3. ? 4. ? - 5. = Total Cover Remarks: (If observed, list morpholoqical adaptations below). Sampling Point: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant 5 Species Across All Strata: (B) Percent of Dominant Species 40% That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of Multiply by: OBL species x 1 -- FACW species x 2 = FAC species x3= FACU species x4= UPL species x5= Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ Dominance Testis >50% _ Prevalence Index is!' 3.0' _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non-woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes ? No El US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type [oc Texture Remarks 0-4 10 YR 5/4 SL 4-26 7.5 YR 4/6 C Expansive Mineralogy 26+ 2.5 Y 6/6 SCL ? Fti ? f 'T e: C=Concentration, D=De letion, RM=Reduced Mat CS o a G s. 2Location: PL=Pore Lining, M=Matrix. H dric Soil Indicators: l Hi Al a.n E] Indicators for Problematic Hydric Soils': stoso ( ) - Polyvalue ) Q 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) OThin Dark S 2 cm Muck (A10) (LRR S) Black Histic (A3) I nLoamy Mucky Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) ZLoamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) - Depleted Matrix (F3) fl Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) 5 cm Muck Mineral (A7) (LRR P T U) Redox Dark Surface (F6) De leted Dark S F7) rf e (MLRA 153B) n R d P l t M t TF2 i _ y , , p u ac ( ( e aren a er a ) B Muck Presence (A8) (LRR U) Redox Depressions (F8) ? Very Shallow Dark Surface (TF12) (LRR T, U) - 1 cm Muck (A9) (LRR P, T) Mari (F10) (LRR U) nOther (Explain in Remarks) Q Depleted Below Dark Surface (All 1) Depleted Ochric (F11) (MLRA 151) ® Thick Dark Surface (A12) Iron-Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Q Coast Prairie Redox (A16) (MLRA 150A) ?Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, a a Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) O unless disturbed or problematic. Sandy Gleyed Matrix (S4) Sandy Redox (S5) Reduced Vertic (F18) (MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (MLRA 149A) a Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Q Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Expansive Clay Layer Depth (inches): 4 inches Hydric Soil Present? Yes ® No 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version A?jA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins t;nvP. mmr DirPCtnr CERTIFIED MAIL #7009 2250 0004 3265 6551 RETURN RECEIPT REQUESTED Mr. Sam Masters Cabarrus County Schools 4401 Old Airport Road Concord, NC 28025 4F ii"1ItF r ?I 4.L ' " 2010 CABARRUS COUNTY SCHOOLS CONCORD, NORTH CA Subject: NOTICE OF VIOLATION/RECOMMENDATION FOR ENFORCEMENT NOV-2019-PC-0712 AT Allen Elementary School, 3939 Abilene Road Dee Freeman Secretary June 25, 2010 Cabarrus County, NC Dear Mr. Masters: On June 2 and June 7, 2010, Polly Lespinasse of the Division of Water Quality (DWQ) conducted' a compliance inspection in response to a complaint regarding the lack of erosion control measures associated with construction activities at the above referenced site. The compliance inspection is associated with the NPDES Construction Stormwater Permit, NCGO10000, issued to you on March 31, 2009. The following impacts were observed during the site inspection: • Stream impacts to an unnamed tributary to Hamby Branch (Class C Waters of the State) associated with the stormwater discharge from a sediment basin located parallel to Miami Church Road. Approximately 2-3" of sediment was observed in the stream for an approximate distance of 250 linear feet. • Sediment discharges from a sediment pond located along Abilene Road were observed off-site, to the north of the property. The sediment paths were observed from the outfall of the sediment basin to the off-site isolated pond north of the property and to the floodplain of a separate unnamed tributary to Hamby Branch. Turbid water was observed in the off-site pond. The culvert under Miami Church Road has been extended and riprap installed at the outlet of the existing culvert extension. It also appears that the stream has been overwidened in this location to accommodate the culvert extension. No permit from either the U.S. Army Corps of Engineers or DWQ was available to determine if this activity was authorized. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, MC 28115 Phone: (704) 663.16991 Fax: (704) 663-60401 Customer Service: 1-877.623-6748 Internet: www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer - 5r- Recyc1ed110% Post Consumer paper Note Carolina ahilrallry Mr. Sam Masters Page Two • Various erosion control measures were either not installed or not properly maintained leading to the discharge of sediment off-site and to jurisdictional resources. Examples include, but are not limited to, direct discharges off-site from sediment basins, failed silt fences, and lack of erosion control measures associated with improvements to Miami Church Road. As a result of the site inspection, the following violations, detailed below, are noted: Item I. Removal of Best Usage The culvert extension, installation of riprap and overwidening of the unnamed tributary to Hamby Branch represent non-compliance with 15A NCAC 028.0211(2) - The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long- term basis shall be considered to be violating a water quality standard. Item ll. Water Quality Standards Discharge of turbid waters from the sediment basin to the off-site pond represents non-compliance with 15A NCAC 2B.0211(3)k, turbidity standards. Item III. Other Waste Sediment in the stream represents a violation of 15A NCAC 2B.0211(3) f - Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to the public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quatity, or impair the waters for any designated uses. Item IV. NPDES Construction Stormwater Permit Conditions Failure to install erosion control measures represents a violation of the NPDES Construction Stormwater Permit, NCG010000, specifically Part I, Section A, Condition #2. Failure to maintain the erosion control measures that have been installed represents a violation of the NPDES Construction Stormwater Permit, NCG010000, specifically Part I, Section C, Condition #2. Requested Response This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to both this Office at the letterhead address and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. Provide information on how you plan to prevent turbid water discharges to the off-site pond from the construction site. This shall include information on measures to be taken to ensure that erosion control measures are properly installed and maintained designed/required. 2. At this time, DWQ will not require the removal of the sediment in the unnamed tributary to Hamby Branch. However, you must provide information on how you plan to prevent further sediment from leaving the site and impacting the stream: Also, please be advised that additional sediment discharge to this stream from your site will require the submittal and implementation of stream restoration plan. Mr. Sam Masters Page Three 3. If stream impacts to the unnamed tributary to Hamby Branch on Miami Church Road are to remain in place, you must contact the U.S. Army Corps of Engineers (USACE) for information on the type(s) of permit required. Depending on the type of permits'the USACE requires, application for a 401 Water Quality Certification will also be required. If the proper permit(s) was obtained, from either the USACE or DWQ, please provide a copy to DWQ. Please note that sediment impacts to streams can not be permitted. 4. The culvert extension and installation of the riprap have altered the dimension of the stream. Provide an explanation of how you plan to restore the natural stream dimension in this location. 5. An explanation of how you plan to prevent further unauthorized impacts from occurring. 6. Erosion control measures must be properly installed and maintained as indicated in the approved Erosion Control Plan. Contact the Division of Land Resources, Mooresville Regional Office, to schedule an inspection which subsequently demonstrates compliance with the approved Erosion Control Plan. 7. Provide a detailed schedule with dates explaining when the restoration activities noted above will begin and the projected completion date. In addition, this Office may consider issuing a Notice of Violation (NOV) and Recommendation for Enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact myself or Polly Lespinasse at (704) 663-1669. Thank you for your attention to this matter. Sincerely, .-L !3 41----- Robert B. Krebs, Regional Supervisor Surface Water Protection Section cc: John Hennessy, DWQ NPS Assistance and Compliance Oversight Unit Zahid Khan, DLR, Mooresville Regional Office File Copy 4401 Old Airport Road PO Box 388 Concord, NC 28026.0388 (704) 704-6219 (704) 704-6244 (fax) July 28, 2010 Mr. Robert B. Krebs, Regional Supervisor Surface Water Protection Section North Carolina Department of Environment and Natural Resources 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: Notice of Violations/recommendations for Enforcement Responses NOV -2010-PC-0712 A.T. Allen Elementary School, 3939 Abilene Road Cabarrus County, NC Dr. Mr. Krebs: In response to the NOV document that was received in our office on Jun 28, 2010 Cabarrus County Schools hired Concord Engineering & Surveying, Inc. and their sub-consultant, Brandon Fulton, Carolina Environmental Consultants, Inc., P.A. to assist us in addressing NCDENR's concerns regarding the under-road culvert that was installed under Miami Church Road near our new school site. Our general contractor, Matthews Construction also retained the services of Estes Design, Inc. to assist them with portions of the NOV that dealt specifically with erosion control issues. Ms. Polly Lespinasse, an Environmental Specialist with your office, met with me and representatives of all the consulting firms that have been employed by us at the site. Ms. Lespinasse reviewed the corrective work that had been done to date and also discussed the actions needed to mitigate the problems with the outflow from the culvert. Attached are the reports from our consultants in answer to the individual items identified in the NOV as well as photographs taken by Estes Design of the recent improvements that were made to the erosion control measures on the site to address NCDENR's concerns. Also included in this information is a detail of the proposed modifications to the culvert outfall area that was prepared and submitted to Ms. Lespinasse for her review by Jay Eaves with Concord Engineering and Surveying, Inc. Ms. Lespinasse approved the detail and the work on this outfall area was completed this morning by our site contractor. I believe that the work was reviewed and accepted by Ms. Lespinasse. Overall, I want to assure you that once we received the NOV from your office, Cabarrus County Schools took things very seriously and reacted as quickly as possible with the assistance of our consultants, the contractor, and Ms. Lespinasse. We appreciate your help in bringing these matters to our attention and trust that our timely response to these matters, as presented in the attached information, meets with your approval. 4401 ON Airlyorl Road PO Box 388 1 Cabarrus Concord, NC 28026.0388 A County Schools ,I F (704) 704-62 / 9 OF (704) 704-6244 (fax) Please let me know as soon as possible if there is anything else we need to do so that the school site and related construction areas are in compliance with NCDENR regulations. Respectfully submitted, WDirector of Construction Cabarrus County Schools cc: John Hennessy, DWQ NPS Assistance and Compliance Oversight Unit Polly Lespinasse, Environmental Specialist III, DWQ Surface Water Protection Section Dr. Barry Shepherd, Superintendent, Cabarrus County Schools Concord Office 75 Ofd Airport Road Concord, NC 28025 Phone - 704-202-7877 Fax - 704-788-2253 July 22, 2010 A Professional Association Earollna Environmental Cabarrus County Schools Attn: Mr. Len Witke, Director of Construction 4401 Old Airport Road Concord, NC 28025 Inc.. P.A. Lexington Office 304 Breckenridge Court Lexington, NC 27292 Phone - 336-596-7585 Re: Notice of Violation/Recommendation For Enforcement-Response NOV-2010-PC-0712 AT Allen Elementary School, 3939 Abilene Road Cabarrus County, NC Mr. Witke: The purpose of this correspondence is with regard to the Notice of Violation and Recommendation of Enforcement (NOV) received by Cabarrus County Schools dated June 25, 2010. This document was in response to compliance inspections made by the North Carolina Division of Water Quality (NC DWQ) after complaints of offsite sedimentation due to inadequate erosion control measures and/or maintenance of those apparatus' during construction activities for the newly constructed AT Allen replacement School. During site inspection, NC DWQ identified a culvert located offsite of the main school construction site that had been altered to support the widening of Miami Church Road. Miami Church road was widened to accommodate additional influx of traffic associated with the new school. Although offsite of the main school construction site, this culvert extension occurs in an easement provided to Cabarrus County Schools, and is the organization that is financially responsible. Since the culvert was not initially part of the original scope of the school construction, the culvert was altered without determination of the channels' jurisdictional status. After further review from NC DWQ, it was determined that an intermittent steam originated at the southern outlet of the previous culvert. The new culvert and rip rap out fall extend approximately 60 feet beyond the end of the previous culvert end point. Therefore an impact to a jurisdictional stream was completed 1 without notification to the United States Army Corps of Engineers (USAGE) or NC DWQ. Carolina Environmental Consultants (CEC) visited the site on July 20, 2010 at the request of Mr. Jay Eaves, PE of Concord Engineering and Surveying Inc. (CESI). CEC was contracted as a third party environmental consultant through CESI for Cabarrus County Schools for the purpose of resolving NOV violations associated with the culvert extension under Miami Church Road. CEC visited the CESI office on July 20, 2010 to conduct a background file review for the site. After review it was determined that no Jurisdictional Determination or stream impact permits existed for the easement location containing the extended culvert under Miami Church Road. CEC visited the site on July 21, 2010 to perform an evaluation of the channel originating from the culvert. After performing NC DWQ stream identification forms on the channel, and after taking note of hydrologic and soil conditions, CEC determined that the channel was intermittent in nature. CEC contacted Polly Lespinasse July 21, 2010 with the NC DWQ who confirmed CEC's finding that stream is intermittent at the culvert outlet. Due to altered site conditions, the state has deemed the intermittent stream origin to be at the location of the outlet for the previous culvert. Total impact amounts for the stream will include the length of the culvert extension plus the rip rap outfall area. Impacts total approximately 60 linear feet. CEC is in the process of coordinating with the USACE and the NC DWQ to obtain a formal Jurisdictional Determination from the USACE, and to obtain the required 404 and 401 After the Fact permitting from the USACE and NC DWQ respectively. Upon receipt of the NOV by Cabarrus County Schools, Matthews Construction Company retained Estes Design Inc. to strategically plan and mitigate items identified in the NOV not related to the culvert extension. According to the letter from Estes Design Inc. dated July 21, 2010 to Matthews Construction Company, the site was secure and remediation efforts had addressed the impacts noted in the NOV as of July 13, 2010. Please see the aforementioned correspondence attached. Responses to the NOV letter are numerically listed in order per the NOV. Responses are italicized. Responses 1, 2, 6 and 7 are specific to Matthews Construction and Estes Design Inc. and are an attachment to this report. Responses 3, 4 and 5 (see below) 2 pertain to the culvert extension and are being addressed by CESI and CEC respectively. 3. If stream impacts to the un-named tributary to Hamby Branch on Miami Church Road are to remain in place, you must contact the USACE for information on the type(s) of permits required. Depending to the type of permits the USACE requires, application for a 401 Water Quality Certification will also be required. If the proper permit(s) was obtained from either the USACE or DWQ, please provide a copy to DWQ. Please note that sediment impacts to streams cannot be permitted. (CEC response) CEC has contacted both the USACE and NC DWQ concerning the stream. Both NC DWQ and the USACE have agreed that the stream is intermittent and unimportant respectively. Supporting information is currently being compiled and will be provided to the USA CE to obtain a.formal Jurisdictional Determination (JD) that will be an addendum to the previous JD (SAW-2008-3091) obtained by CESI December 2, 2008 for the main school site. CEC will also provide to the USACE and NC DWQ a Pre- Construction Notification (PCN) that will be deemed an After the Fact permit. USACE permitting will be considered under a Nation Wide Permit #14 (Linear Transportation Projects) and a General Certification #3820 for NC DWQ. Anticipated submission for permit applications is before July 30, 2010. 4. The culvert extension and installation of the riprap have altered the dimension of the stream. Provide an explanation of how you plan to restore the natural stream dimension in this location. (CEC response) CEC and CESI will coordinate work to be completed to restore altered dimensions of the stream bank affected by the culvert outfall. After the site meeting with DWQ representative Polly Lespinasse on July 20, 2010, it was agreed that the banks would be amended to pre-construction configuration with supportive media strategically placed to support the banks until adequate vegetation has been established. This work will be closely monitored during construction activities by CEC and CESI to ensure no additional sediment releases take place during the restoration of the banks. Please see attached drawing frrom CESI Engineer Mr. Jay Eaves that illustrates sizing and slope percentages to be constructed. Work is scheduled to begin 7-28-2010. NC DWQ will be notified during and after construction to review site activities. 3 5. An explanation of how you plan to prevent further unauthorized impacts from occurring. (CEC response) Cabarrus Count), Schools does not have any additional proposed impacts at this time. All site activities have been completed on the main school site, with specific regard given to avoiding all jurisdictional features on the main school site during initial construction. The culvert under Miami Church Road has already been altered and road widening activities have been completed. Cabarrus County Schools will make sure in the.future to notify CESI and CEC if any additional construction activities are to take place. This will enable CESI and CEC to peiform due diligence into any potential impacts to jurisdictional or state regulated waters or features. Additionally, construction activities to take place adjacent to the intermittent stream and culvert under Miami. Church Road will be closely monitored and the NC DWQ will be provided complete detail of project duration and success. All other sediment and erosion control devices onsite will be monitored through Matthews Construction Inc. and associated consultants' monitoring responsibilities. CEC is glad to be of service to you in this matter. Please contact me directly if you have any questions regarding this report or other environmental concerns. Best Regards, Brandon Fulton, LSS NC Licensed Soil Scientist#1316 Carolina Environmental Consultants, Inc., PA 4 JOB CONCORD ENGINEERING & SURVEYING INC. 45 SPRING STREET. S.W. CONCORD, N.C. 28025 (704) 786-5404 - (704) 332-9934 SHEET NO. OF CALCULATED BY DATE ?... CHECKED BY r DATE SCALE_ ?p 1 ' V Estes. Oesign Enviroamecttal Design & consulting 40?? July 21, 2010 Mr. Steve Sigmon Matthews Construction Co. Inc. 3411 Oak Lake Blvd. Charlotte NC 28208 Subject: Notice of Violation / Recommendation for Enforcement - AT Allen Elementary Dear Mr. Sigmon, On June 27"' 2010 Cabarrus County Schools received a written Notice of Violation and Recommendation for Enforcement due to inadequate erosion control treasures and extension of a culvert under Miami Church Rd. The culvert under Miami Church Rd. was extended without proper authorization fi-om the US Army Corps of Engineers and NC Department of Environment and Natural Resources. As the responsible contractor on site you contacted and retained Estes Design Oil June 30, 2010 to represent Matthews Construction Company as it's mitigating Environmental Consultant. Mr. Estes of Estes Design met with you July 1, 2010 and reviewed the plans and the on-site erosion control measures with the grading subcontractor. All of the impacts noted in the NOV were reviewed and discussed. Estes Design communicated the required actions to be taken in order to bring the site into compliance. On July 1 2010, Estes Design contacted the offices of NCDENR and spoke with Mr. Michael Burkhard. Estes communicated that Matthews Construction had retained Estes Design as their Environmental Consultant in order to mitigate and respond to the NOV. This communication was passed on to Ms. Polly Lespinasse of NCDENR. On July 8 2010, Ms Polly Lespinasse contacted Estes Design to briefly discuss the issues. Estes Design then contacted The US Army Corps of Engineers to determine if any authorizations had been issued to Cabarrus County Schools for AT Allen Elementary. No records exist. Matthews Construction started remediation of the erosion control measures before our site meeting on July 1. Estes Design followed tip with subsequent site visits on July 8'h, 13"' & 20"'. As of July 13"' the site was secure and remediation efforts had addressed the impacts noted in the June 25"' NOV letter with exception of the culvert extension under Miami Church Rd. On June 20 2010, Mr. Estes, Steve Sigmon, Robert Tripp and William Connelle met to discuss (lie requirements to address the culvert extension impacts as noted in the NOV. It was noted that typically a third party environmental consultant responds to the NOV in its entirety. This expedites the process and reduces confusion. After discussing the requirements of obtaining an After The Fact Permit Mr. Connelle asked that a proposal for these services be submitted as soon as possible. Immediately following the conclusion of this meeting, Matthews Construction and Estes Design learned that a second meeting had been scheduled on site with Mrs. Lespinasse of NCDENR, Jay Eaves of Concord Engineering, Len Witke of Cabarrus County Schools and William Connelle of Cabarrus County Schools. During this second meeting the same issues were discussed concerning the unauthorized impacts of the culvert extension under Miami Church Rd. and the need for an After The Fact Permit. At the end of this meeting Mr. William Connelle verbally communicated that they would be retaining the original environmental consultant, Mr. Jay Eaves, to respond to the Notice of Violation on behalf of Cabarrus County Schools. 0 P.O. Box 79133 Charlotte, N.C. 28271 • Phone 704-841-1779 Fax 704-841-1842 The unauthorized impacts caused by the culvert extension under Miami Church Rd. is not the responsibility of Matthews Construction and is a separate planning and design responsibility of Cabarrus County Schools. Estes Design did a preliminary review of existing information pertaining to the culvert extension impacts and Jurisdictional waters. This preliminary information is attached as exhibits. More .jurisdictional waters may be present on site than were shown on the attached wetland survey with notes. The following responses pertain to Matthews Construction's Erosion Control and are numbered the same as in the NOV letter: 1. Provide information on how you plan to prevent turbid water discharges to the off-site pond from the construction site. This shall include information on measures to be taken to ensure that erosion control measures are properly installed and maintained designed/required. Rip - Rap and double silt fence has been installed and re-secured. Stormwater flow over the shoulder of Abilene Rd, was contributing sediment to this area. The shoulder has been raised and stabilized. No additional sediment has been observed passing the silt fence. However, it very likely that after the site is stabilized sediment will continue entering the off-site pond, not fro?n the construction site but from the existing off-site channel shown in exhibit 1-3. This will be due to the increased volume of water flowing through the channel. This will most likely accelerate the existing head-cut. 2. At this time. DWQ will not require the removal of the sediment in the unnamed tributary to Hamby Branch. However, you must provide information on how you plan to prevent further sediment from leaving the site and impacting the stream. Also, please be advised that additional sediment discharge to this stream from your site will require the submittal and implementation of a stream restoration plan. Five rows of silt fence and additional rip-rap have been installed. No additional sediment has been observed passing the silt fences. See exhibit 3. Large storms will and have caused the silt fence posts to bend. This area will be monitored and maintained closely. Additional rip-rap has also been installed at the inlet end to resist erosion. See exhibit 4. 6. Erosion control measures must be properly installed and maintained as indicated in the approved Erosion Control Plan. Contact the Division of Land Resources, Mooresville Regional Office to schedule an inspection which subsequently demonstrates compliance with the approved Erosion Control Plan. Estes Design will coordinate and schedule an inspection after this letter has been received by the offices of NCDENR, 7. Provide a detailed schedule with dates explaining when the restoration activities noted above will begin and the projected completion date. The restoration activities that Matthews Construction is responsible for were substantially complete on July 13 2010. Storm events will be monitored closely and the measures maintained until the site has been stabilized with permanent ground cover. Please contact me with any questions you may have. Sine -r?ly, i Christopher J. Estes President CC: Polly Lespinasse + P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone (704) 841-1779 Fax (704) 841-1842 • a„ d \ •?I t k t 50 ? I ill's \ 4 \? I \\ / Jy??•Ji??`yil ?;t\ , , , t I ?, I Jti?',??\•• '.\\t\•\\,\\ ? r• ,?I,? ?'J/JJJ /,J J ;SFr ;,?i`I/1)?'•JJ, J `? i' ,rte ,,?? / '. s ? 1 / ,,. ! Iz l,t ?4 ! / +J 4 R ??G??s? I { $ay p5 yy >?y tpp , R N 9 I I I S31r 1? ` {? t j •F13 A 3?a g I f. ilt p r Rte 1i S j / i . CL 9 bin p I! J! I r ?,g 01'k ilQ ' ?N' i K\o>r duo / i ? v, :, L Y L ?'1 L lf' A ?~•?. 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JJ u tV »_+? + .t ;. y ?? • + ? yep' ...il ? ui . U c? L A W NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Coleen H. Sullins Director Dee Freeman Secretary Mr. Samuel Masters Cabarrus County Board of Education 4401 Old Airport Road Concord, NC 28025 July 20, 2009 Subject: Stormwater Permit No. SW3090601 A.T. Allen Elementary School Higgh Density Bio-Retention & Wet Detention Basin Project Cabarrus County Dear Mr. Masters: The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for A.T. Allen Elementary School on June 5, 2009; and additional information received on June 9, 2009 and July 15, 2009. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding Permit No. SW3090601, dated July 20, 2009, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the date of issuance until July 20, 2019, and shall be subject to the conditions and limitations as specified therein: Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for inspection and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following. receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Mooresville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Robert Patterson at (919) 807-6375; or robert.patterson@ncdenr.gov. Sincerely, X!L ?C- Z/'? for Coleen H. Sullins Wetlands and Stormwater Branch One 1617 Marl Service Center, Raleigh, North Carolina 27699-1617 North Carolina Location: 512 N. Salisbury St Raleigh, North Cardin 27604 yr Phone: 919.807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 tut att Internet: www.rwwaterquality.org An Equal Opportunity 1 Affimnative Action Employer Mr. Samuel Masters S W3090601- A.T. Allen Elementary School July 20, 2009 cc: Mooresville Regional Office Central Files SPU Files ec: Mr. Robert Tripp, PE, Turnbull Sigmon Design, PA Page 2 of 2 State Stormwater Permit Permit No. SW3090601 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Cabarrus County Board of Education A. T. Allen Elementary School Abilene Road (at intersection w/ Miami Church Rd.), Concord, Cabamus County FOR THE construction, operation and maintenance of two (2) bioretention cells and one (1) wet detention basin in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stonnwaterrulesl and -the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 20, 2019, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 286,507 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area as indicated in Section 1.7 of this permit, and per the application documents and as shown on the approved plans. The built-upon area includes the future mobile classrooms as shown on the approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 7 State Stormwater Permit Permit No. SW3090601 6. 7. The built-upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. The following design criteria have been provided in the bioretention cells and must be maintained at design condition: , Cell #1 a. Drainage Area, cres: 1.85 Onsite, f?. Off i f e 80,474 s te, : 0 b. Total Imperviou Surfaces, ftz:- 1_ 57,260 Onsite, f : Offsite, ft2: 57,260 0 C. Design Storm, inches: 1.0 d. Max. Ponded Depth, inches: 10.43 e. Seasonal High Water Table, fmsl: 640.5 f. Planting Media Depth, feet: 2.0 Cell Dimensions, feet: 180x32 h. Bottom Elevation, fmsl: 647.17 i. Bottom Surface Area, ft2: 5,336 j. Permitted Storage Volume, ft3: 4,636 k. Bypass / Storage Elevation, fmsl: 651.37 1. Predevelopment 1 year 24 hour: 0.054 cfs M. n Post development 1 year 24 hour: Drawdown Time h 0.022 cfs . , ours: 36 o. Underdrain Diameter, inches: 4.0 p. Total number of plants provided: grass sod q. Receiving Stream/River Basin: Cold Water Crk. r. Stream Index Number: 13-17-1 S. Classification of Water Body: ' Cell #2 0.58 25,239 0 15,383 15,383 0 1.0 9.25 643.0 2.0 44x37 652.17 1,634 1,259 656.27 0.014 cfs 0.006 cfs 36 4.0 grass sod I Yadkin-Pee Dee a-4-(1.5) 'C" The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, arres: 11.66 Onsite, ft`: 2 507,940 Offsite, ft : 0 b. Total Impervious Surfaces, ft2: 213,864 Onsite, ft : 213,864 Offsite, ft2: 0 c. Avg. Pond Depth, feet: 3.0 d. TSS removal efficiency: 90% e. Design Storm, inches: 1.0 f. Permanent Pool Elevation, FMS : f 647.50 g. Permitted Surface Area @PP ft : 16,643 h. ? Permitted Storage Volume, ft . 18,157 at temporary pool i. Temp. Pool Elevation, FMSL: 648.37 j. Controlling Orifice: 2.5" 0 pipe k. Permanent Pool Volume, ft3: 42,457 1. =Volume, ft3: 8,301 m. g Stream/River Basin: Cold Water Crk. / Yadkin-Pee Dee n. Stream Index Number: 13-17-94-(1.5) o. . Classification of Water Body: "C" Page 2 of 7 State Stormwater Permit Permit No. SW3090601 II. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re-vegetation of slopes. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, orifice device, filter media, planting media, underdrains, catch basins and piping. g. Access to the BMPs and outlet structures must be available at all times. 4. Records of maintenance activities must be kept for each permitted BMP. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate recorded easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. Page 3 of 7 State Stormwater Permit Permit No. SW3090601 e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Mai ,jor permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 7 State Stormwater Permit Permit No. SW3090601 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any game, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 20th day of July, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Permit Permit No. SW3090601 A.T. Allen Elementary School Stormwater Permit No. SW3090601 Cabarrus County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project Name) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Page 6 of 7 State Stormwater Permit Permit No. SW3090601 Certification Requirements: .1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation, per the vegetation plan. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: DWQ Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 DWQ Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Page 7 of 7 Permit Number: (to be provided by DWQ) Drainage Area Number. Bioretention Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures: - Immediately after the bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks). - Snow, mulch or any other material will NEVER be piled on the surface of the bioretention cell. - Heavy equipment will NEVER be driven over the bioretention cell. - Special care will be taken to prevent sediment from entering the bioretention cell. - Once a year, a soil test of the soil media will be conducted. After the bioretention cell is established, I will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problems: How I will remediate the problem: The entire BMP Trash/debris is resent. Remove the trash/ debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to bioretention cell erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the stone verge or swale applicable). sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and clogged covered in sediment (if stone and replace with clean stone. applicable). Form SW401-Bioretention O&M-Rev.3 Page I of 4 BMP element: The pretreatment area The bioretention cell: vegetation The bioretention cell: soils and mulch Potential Flow is bypassing pretreatment area and/or gullies have formed. Sediment has accumulated to a depth greater than three inches. Erosion has occurred. Weeds are present. Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Tree stakes/ wires are present six months after planting. Mulch is breaking down or has floated away. Soils and/or mulch are clogged with sediment. An annual soil test shows that pH has dropped or heavy metals have accumulated in the soil media. How I will remediate the Regrade if necessary to route all flow to the pretreatment area. Restabilize the area after grading. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and restabilize the pretreatment area. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. Prune according to best professional practices. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove tree stake/ wires (which can kill the tree if not removed). Spot mulch if there are only random void areas. Replace whole mulch layer if necessary. Remove the remaining much and replace with triple shredded hard wood mulch at a maximum depth of three inches. Determine the extent of the clogging - remove and replace either just the top layers or the entire media as needed. Dispose of the spoil in an appropriate off-site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if Dolomitic time shall be applied as recommended per the soil test and toxic soils shall be removed, disposed of properly and replaced with new planting media. Form SW401-Bioretention O&M-Rev.3 Page 2 of 4 BMP element- Potential problems: How I will remediate the problem: The underdrain system Clogging has occurred. Wash out the underdrain system. if applicable) The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off-site. The drop inlet is damaged Repair or replace the drop inlet. The receiving water Erosion or other signs of Contact the ITC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Bioretention O&M-Rev.3 Paje 3 of 4 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project na?ne:AT Allen Elementary School BMP drainage area number:Rain Garden #1 Print name:Sam Masters Title:Director of Construction Address:4401 Old Airport Road Concord. NC 28025 Phone:704-262-621-9-? Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, ? In t( St-a ' UI 130M , a Notary Public for the State of NC, , County of CQ,hQ r? , do hereby certify that SCk^ M43RYS personally appeared before me this _ day of Pf U , 2yy and acknowledge the due execution of the forgoing bioretention maintenance requirements. Witness my hand and official seal, SEAL July My commission expires 20t 2013 Form SW401-Bioretention l&M-Rev. 2 Page 4 of 4 Permit Number. (io be provided by DWQ) Drainage Area Number: Bioretention Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures: - Immediately after the bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks). - Snow, mulch or any other material will NEVER be piled on the surface of the bioretention cell. - Heavy equipment will NEVER be driven over the bioretention cell. - Special care will be taken to prevent sediment from entering the bioretention cell. - Once a year, a soil test of the soil media will be conducted. After the bioretention cell is established, I will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problems: How I will remediate the problem: The entire BMP Trash/debris is resent. Remove the trash/ debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to bioretention cell erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the stone verge or Swale applicable). sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and clogged covered in sediment (if stone and replace with clean stone. applicable). Form SW401-Bioretention O&M-Rev3 Page 1 of 4 BMP element: Potential problems: How I will remediate the problem: The pretreatment area Flow is bypassing Regrade if necessary to route all pretreatment area and/or flow to the pretreatment area. hies have formed. Restabilize the area after grading. Sediment has accumulated to Search for the source of the a depth greater than three sediment and remedy the problem if inches. possible. Remove the sediment and restabilize the pretreatment area. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. The bioretention cell: Best professional practices Prune according to best professional vegetation show that pruning is needed practices. to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Tree stakes/wires are present Remove tree stake/ wires (which six months after planting. can kill the tree if not removed). The bioretention cell: Mulch is breaking down or Spot mulch if there are only random soils and mulch has floated away. void areas. Replace whole mulch layer if necessary. Remove the remaining much and replace with triple shredded hard wood mulch at a maximum depth of three inches. Soils and/or mulch are Determine the extent of the clogging clogged with sediment. - remove and replace either just the top layers or the entire media as needed. Dispose of the spoil in an appropriate off-site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if possible, An annual soil test shows that Dolomitic time shall be applied as pH has dropped or heavy recommended per the soil test and metals have accumulated in toxic soils shall be removed, the soil media. disposed of properly and replaced with new planting media. Form SW401 -B ioretention O&M-Rev.3 Page 2 of 4 BMP element: Potential problems: How I will remediate the problem: The underdrain system Clogging has occurred. Wash out the underdrain system. if applicable) The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off-site. The drop inlet is damaged Repair or replace the drop inlet. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Bioretention O&M-Rev.3 Page 3 of 4 Permit Number: (to be provided by DWO) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:AT Allen ElementaKy School B_MP drainage area number:Rain Garden #2 Print name:Sam Masters Title:Director of Construction Address:4401 Old Airport Road Concord NC 28025 Phone: Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I_ .k.wk- Rua-( 6W , a Notary Public for the State of 0 C , County of C(*AfrVS , do hereby certify that S(Jl_m mWayS personally appeared before me this day of Apr U , 2,04 , and acknowledge the due execution of the forgoing bioretention maintenance requirements. Witness my hand and official seal, SEAL My commission expires " I 2-0 It 2-0 + 3 Form SW401-Bioretention l&M-Rev. 2 Page 4 of 4 Permit Number: (to be provided by DWO} Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ? does ® does not incorporate a vegetated filter at the outlet. This system (check one): ? does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minim zed to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is resent. Remove the trash/ debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of -long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 Permit Number: (to be provided by DPVO) Drainage Area Number: BMP element: Potential problem: How I will rernediate the problem: The inlet device: pipe or The pipe is clogged- Unclog the pipe. Dispose of the swale sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 500 of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potential problem: How I will remediate the problem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Officb, or outlet the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads N/A feet in the main pond, the sediment shall be removed. When the permanent pool depth reads _N JA feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Sediment Removal Bottom 0 Permanent Pool Elevation 647.5 644.0 Pe anen Pool --------------- -- Volume Sediment Removal Elevation 643.5 Volume 643.0 -ft Min. -------------------------------------------- ------ Sediment Bottom Elevation 642.5 1-11 n Storage Sedimer Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:AT Allen Elementary School BMP drainage area number: Wet Pond Print name:Sam Masters Title:Director of Construction Address:4401 Old Airport Road Concord NC 28025 Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, Jennifer sfanca 6o hd , a Notary Public for the State of N C/ -,County of Cabs. r( US , do hereby certify that sG _o) M S ? t o personally appeared before me this day of Y L , 2,001, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires7U 2" 1 2013 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 CS1 > a :i gg gyp LL Ul Z J g € ?Y 6? pl_F_ 1d§w LU8 m SIN"? a WYC. / U >"F ys Z2w IM .1 4 a p 1i 59 g9 o?? \\ a5^91a ?E \\ <?33? ?I? wi=3 \ 5^ \ 7iQa z ?hyyb \ \ ,+Ty, 1 -41 k¢sy? q r^ ?? 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REVISIONS Concord Office Lexington Office 75 Old Airport Road 3014 Breckenridge Court Concord, NC 28025 Lexington, NC 27292 704-202-7877 336-596-7585 4.- 0 V) v v C: to Q) U U D O 4- ° > U O D U Q ? tll C ? w C .7 O o CT O -C7 z O o E o E V) a) C7 w N o E o I- U v C: (D 0 4- E ° E p o 4-a o c > O ,.. 0 cn O o •`_' ? C1 E Cy rn t7 N > U C a ? p Cl ? O s= ° o a can = C: D vi ? U a cz q -0 - :3 O a • Q 3 N Q) v a - ° ,- Q E o v -o ,Y 11 (n p M l ...., .J n • ?9g S C 4 y b o vd Y Oil d g uz? t f aq F fit 01 Ti! >a s o? e a a a??? s I I I I I I I I ? 1 1 1 I I I I 1 I I I I - ? 8 S $ 3 g a 11 _ _ H 1 ?I 1 I I I I 1 I I I I I I 1 1 1 1 I I I I 1 I 1 5 I I 1 1 1 b j I 1 I l Vil ? I !1 I I i 1 1 I I I I 11 it I I I I I 1 I I II 1 I ,l I I 1 i I I I 1 I I I _ I I I I 1 I I I 1 1 I 1 I 1 I 1 I I I I & u 1 I i 1 1 1 i I e R N 1 i I I 1 - I 1 1 I I I I 1 1 1 i I I I I I I I j 1 1 I I I `. I I I -_ 1 1 I £ 1 1 1 I I 1 I I I 1 1 I 1 I I I I 1 1 1 i I % / I I I I 1 / IIy s I I ? 8 ? Q I I i I I I I I 3 1 I I 11 I 1 1 1 1 I I I eFF 3 m m n o e m ? m ? ? $ a a e ? o a n ? o a d R I CO) g _ Z O W co 1 i I 1 I I i S R R ? ? ' saoz/nVZ nws/uxralrn woe-.row\•Ir?a ?Ir?l.?\«a?\•?'amz\?u Photos of Culvert/Stream Impact r . f lr v y? +` +. yea View of Rip Rap Dissipater from top of culvert. (Date: 7/21/10) Southern Side Miami Church Road View South to North - Culvert Outlet (Date: 7-21-10) ' r 'a; .•, aE? View of Channel Bed -25 feet below Rip Rap. (Date: 7/21/10) View from East to West of Rip Rap (Date: 7/21/10)