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HomeMy WebLinkAbout20070999 Ver 2_401 Application_20110911S&ME August 2, 2011 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Attention: Mr. John Thomas North Carolina Division of Water Quality Wetlands and Stormwater Branch 401 Oversight/Express Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Attention: Mr. Ian McMillan Reference: Nationwide Permit No. 39 Application Polar Bear Exhibit Expansion North Carolina Zoological Park Asheboro, North Carolina S&ME Project No. 1581-09-146 Dear Mr. Thomas and Mr. McMillan: O?-1)ggq U2- SFP 0 6 2011 DENR - WATER (lUALITY WETLANDS AND STORMWATER BRANCH S&ME, Inc. (S&ME), on behalf of the North Carolina Zoological Park is submitting the attached Pre-Construction Notification (PCN) and supporting documentation as application for a Section 401 Water Quality Certification and Section 404 Nationwide Permit (NWP) Verification. If we can provide additional information or answer questions you have, please contact Jason Volker with S&ME at 919-880-3137. Sincerely, S&ME, Inc. ason Volker, L.S.S. Environmental Scientist jvolker@smeinc.com Attachments: Pre-Construction Notification (PCN) Form Figure 1 Preliminary Waters of the U.S. S&ME, INC. / 3201 Spring Forest Road / Raleigh, NC 27616 / p 919.872.2660 f 919.876.3958 / www.smeinc.com Nationwide Permit No. 39 Application SWE Project No. 1581-09-146 Polar Bear Expansion Project, NC August 2, 2011 Figure 2 USGS Topographic Site Map Impact Map Site Grading Plan Stormwater Permit No. SW4110702 USFWS Scoping Response Letter, June 17, 2011 NCNHP Scoping Response Email, June 9, 2011 SHPO Scoping Response Letter, June 10, 2011 DWQ On-Site Determination Letter, February 22, 2010 USACE Notification of Jurisdictional Determination, March 1, 2010 Agent Authorization Form \??pF w A "r f;,?QG e cry ? ?' U1 - CA ?? q u 2.. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC 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: 39 or General Permit (GP) number: 3705 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. 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 1h 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: Polar Bear Exhibit Expansion 2b. County: Randolph 2c. Nearest municipality / town: Asheboro 2d. Subdivision name: (North Carolina Zoological Park) 2e. NCDOT only, T.I.P. or state project no: -- 3. Owner Information 3a. Name(s) on Recorded Deed: NC Zoological Authority 3b. Deed Book and Page No. 1064/259 3c. Responsible Party (for LLC if applicable): North Carolina Zoological Park/Martin Kearns 3d. Street address: 4401 Zoo Parkway 3e. City, state, zip: Asheboro, NC 27205 3f. Telephone no.: 336-879-7515 3g. Fax no.: 3h. Email address: Page l of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Jason Volker 5b. Business name (if applicable): S&ME, Inc. 5c. Street address: 3201 Spring Forest Road 5d. City, state, zip: Raleigh, North Carolina, 27616 5e. Telephone no.: 919-880-3137 5f. Fax no.: 919-876-3958 5g. Email address: jvolker@smeinc.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): Parcel ID: 7678368428 1 b. Site coordinates (in decimal degrees): Latitude: 35.629971 (DD.DDDDDD) 1 c. Property size: 4.13 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Panther Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Cape Fear River 3. Project Description Longitude: - 79.761474 (-DD.DDDDDD) 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is located within the North Carolina Zoological Park and adjacent to the southeast side of the existing polar bear exhibit and south of the arctic fox exhibit. A paved service road bounds the site on the southeast. The site contains mixed hardwoods and a perennial stream that discharges southwestward to a man-mad reservoir. 3b. List the total estimated acreage of all existing wetlands on the property: 0.025 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 220 linear feet 3d. Explain the purpose of the proposed project: To expand the existing polar bear exhibit to accommodate the two polar bears 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed Polar Bear Exhibit Expansion project includes construction of a Special Polar Bear Holding building and a Viewing structure which will include an Interpretive Center and Ice Cave. A Saltwater Mixing building will be constructed southwest of the existing Polar Bear building. The expansion also includes a mechanical building, shallow water feature, climber structure, and a containment barrier fence. The Polar Bear Exhibit expansion will be located southeast of the existing Polar Bear Exhibit and south of the existing Arctic Fox Exhibit. The Holding, Saltwater Mixing, Mechanical, and Ice Cave buildings are expected to be cast-in-place concrete structures with slab-on-grade floors. The proposed Saltwater Mixing building is expected to contain relatively heavy machinery and water tanks. Typical land grading and commercial construction machinery would be used on-site. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ED Yes El No ? Unknown Comments: 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: S&ME, Inc. Name (if known): Mr. Jason Volker Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Project site: DWQ stream determination: February 22, 2010 USACE jurisdictional determination: March 1. 2010 Adjoining area: DWQ Non-404 Jurisdictional General Permit: August 6, 2007 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. For this project, Stormwater Permit No. SW4110702, dated July 18, 2011, has been issued and is attached. 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ? Yes ® No 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 - Permanent Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact P or Temporary T if known DWQ - non-404, other acres W1 ®P ? T Fill Headwater ® Yes ? No ® Corps ? DWQ 0.025 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 0.025 2h. Comments: 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 Average Impact number -Permanent (PER) or jurisdiction stream length (P) or Temporary intermittent (Corps - 404, 10 width (linear (T) (INT)? DWQ - non-404, (feet) feet) other) S 1 ®P ? T Culvert UT to Panther ® PER Corps 3 220 Creek ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER Corps ? INT ? DWQ S4 ? P ? T PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 220 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds. the Atlantic Ocean nr nnv nfhar nnan Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version water of the U.J. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number - waterbody Type of impact Waterbody type Area of impact Permanent (P) or (if (acres) Temporary (T) applicable) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 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 Proposed use or purpose of (acres) ID pond number Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any 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 for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Temporary (T) re uired? BI ?P?T ?Yes ? No B2 ?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 Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed Polar Bear Exhibit Expansion and Renovation is located in close proximity to the existing exhibit and facilities to minimize the amount of required infrastructure and earthwork. The design keeps the facilities compact and efficient. The project was designed to fit within limits of the existing service drive to minimize the amount of impact to the surrounding woodlands. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The proposed construction techniques will follow an approved erosion control plan permitted through NCDENR Land Quality. The contractor will be responsible for NPDES stormwater and sediment monitoring and record keeping. Silt fencing, inlet protection devices and seeding will be used and maintained throughout the project to control sedimentation and erosion. The grading operations for the exhibit and installation of the proposed storm piping will be sequenced with the use of coffer dams and pumps to redirect the stream during construction. Once the site is completely stabilized, the contractor will call NCDENR Land Quality for an inspection. If approved, the remaining temporary erosion and sediment control measures will be removed, topsoil re-spread, slope protection blankets installed and the remaining disturbed areas will be vegetated. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation ® Yes ? No for impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for FT-Mitigation bank t t i li ® P f this project? aymen o n- eu ee program ? Permittee Responsible Mitigation Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 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: 220 linear feet 4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): 0.0 square feet 4e. Riparian wetland mitigation requested: 0.0 acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Buffer Mitigation (State Regulated Riparian Buffer Rules) -- reauired by DWO Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 re uired. 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 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? El Yes No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 67% 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: Two proposed bio-retention areas capture 0.50 Ac. of existing upstream impervious area. The treatment of the existing impervious area offsets the increase of new impervious areas. The run-off from the bio-retention areas and other areas of the site discharge into a discrete storm drainage system that connects to an existing culvert that discharges directly to the down-gradient lake. Areas that do not discharge to the above referenced drainage system sheet flow toward the lake. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Certified Local Government ® DWQ Stormwater Program ? DWQ 401 Unit Asheboro ? Phase II ? NSW ? USMP ? Water Supply Watershed ? Other: ? Yes ? No ? Coastal counties ? HQW ? ORW ® Session Law 2006-246 ? Other: ® Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ®Yes ? No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ?Yes No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project expands an existing zoo facility confined within the North Carolina Zoo and would not reasonably spur additional land development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed facility will continue to be connected to public utilities. Page 10 of 11 PCN Form - Version 13 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 habitat? ?Yes El No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ®Yes ? No 5c. If yes, indicate the USFWS Field Office you have contacted. I ® Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Letter correspondence with USFWS, the USFWS website: http://www.fws.gov/raleigh, Natural Heritage Program's on-line database, GIS data of Elemental Occurances for the project area downloaded from the North Carolina Center for Geographic Information and Analysis website, NC OneMap. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Letter correspondance with USFWS, the USFWS website: http://www.fws.gov/raleigh, Natural Heritage Program's on-line database, GIS data of Elemental Occurances for the project area downloaded from the North Carolina Center for Geographic Information and Analysis website, NC OneMap. 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 status (e.g., National Historic Trust designation or properties significant in ?Yes No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Letter correspondence with State Historic Preservation Office (SHPO). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? El Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FIRM Map Panel 7678 Jason Volker 8/2/11 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's sigh-a'iure is valid only if an authorization letter from the applicant is provided.) Page I I of 11 PCN Form - Version 1.3 December 10, 2008 Version 6£Z L-8 MLZ ON 'H0131V2i 'OBI 1S32iOd JNRidS WU VNIIO2J :D H12J0N 'MJ08HSV W3 43N03HO :839Nr1N ONIMVNO 9L W-d# 3SN3311 H33NION3 ON >RJb'd lV01 ' ' ' - 2118 9bL-60- W()' . [. 90I00Z O N 1181HXd 2WDO clV I0d Q3SOdON,d L89L J.8 NMVUC] :i139N(1N 103rOHd ' O oLOZ Ndr ,Ob=.,L 3W RS* S'n DHl JO S?]DiVM AI JVNIWIIA?Ad w 31V0 31V0S LL Q- ? C) CV Q 0 W W o W Q J Z Q 0 U Un w z 1- ??? r U LLI Z) = z OO C) Q D T_ 0 O d U WO (D 0 o l QZ AAL_ *EW 00 y, Pt. Yr. f? 7-a- LL Y t ppp . Lo r, Im- 2 xnS` , w ?y?s gay ? ? 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'\ \ 1,' .?I eoo-? \ au ?'b, am$i as W rv, -<. ?$ boa -cSa u ? ?. cle - 1 w? lCDEN North Carolina Department of Environment and Natural Resources 3everly Eaves Perdue (3overnor Division of Water Quality 1',oleen H. Sullins Director IJ,ae Freeman ?ecretary Ms. Mary Joan Pugh, Deputy Director North Carolina Zoological Authority 4401 Zoo Parkway ;Asheboro, NC 27205 July 18, 2011 Subject: Stormwater Permit No. SW41 10702 NC Zoo Polar Bear Exhibit Randolph County Dear Ms. Pugh: The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for the NC Zoo Polar Bear Exhibit on July 11, 2011. 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 21-1.1000 and Session law 2006-246. We are forwarding Permit No. SW41 10702, dated July 18, 2011, for the construction, operation and maintenance of the subject project and the storinwater BMPs. Phis permit shall he effective from the date of issuance until July 17, 2021, 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 ;tormwater 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 adjrrdicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and tiled 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 Winston-Salem Regional Office. If you have any questions, or need additional information concerning this matter, please contact Mike Randall at (919) 807-6374; or m ike.randal I(ii)ncdenr.gov. Sincerely, %or Coleen H. Sullins cc: Winston-Salem Regional Office 5PU Files ':?:il?+r?ds and strrmwatsr 3r?tnr:h ? U `:1,ail ? rvirP r;?nr r ? ?IFtn?h °lonh t..u??ina 2'15!i8-1611 ava 512 "I r,• ry t ? i ci 1n a! rtlt .',vo llna 27 O4 n nr i19 tr)/, rt)0 IA( ?}? ,q; ;,4't4ti 'u-;!rnnr?r:=,roire?' nth ?;;'3%i7?lA gnat ~? ,v n tvi'er? u ? pry ,r+1 One No lhCuolina ivatilrtrllif itu?t r!T"'iit,?.ry,,'[f.it n"tj•;^?-:kC! r7 pl`4t State Stormwater Permit Permit No. SW4110702 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 NC Zoo Polar Bear Exhibit 4401 Zoo Parkway, Asheboro North Carolina Randolph County FOR THE construction, operation and maintenance of two bioretention cell(s) in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 17, 2021, 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 this permit. The stormwater control has been designed to handle the runoff from 29,650 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area as indicated in this permit, and per the application documents and 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. 6. The built-upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. Page 1 of 4 State Stormwater Permit Permit No. SW4110702 7 The following design criteria have been provided in the bioretention cell and must be maintained at design condition: Drainage Area 1 Drainage Area 2 a. b. d. P. 9• h. J? k. m n. o. P. q• r. s. Drainage Area, acres: Total Impervious Surfaces, ftz: Design Storm, inches: Max. Ponded Depth, feet: Seasonal High Water Table, fmsl: Planting Media Depth, feet: Cell Dimensions, feet: Bottom Elevatiop., fmsl: Surface Area, ft Permitted Storage Volume, ft3: Bypass / Storage Elevation, fmsl: Predevelopment 1 year 24 hour: Post development 1 year 24 hour: Drawdown Time, hours: Underdrain Diameter, inches: Total number of plants provided: Receiving Stream/River Basin: Stream Index Number: Classification of Water Body: 17,950 54,970 9,590 20,040 1.0 1.0 12 12 730 730 3.33 3.33 14 45 x 35 732 732 1,170 2,300 990 1,770 738 738 0.520 1.460 0.970 2.730 48 48 4&6 4&6 17 18 Panther Creek / Cape Fear 17-22-5 ,IC11 II. SCHEDULE OF COMPLIANCE' 1. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. 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 and the filter strip. 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, level spreader, filter media, planting media, underdrains, catch basins and piping. g. Access to the cell and outlet structure 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 permittee shall prepare and have available for review an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. Page 2 of 4 State Stormwater Permit Permit No. SW4110702 6. 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. 7. Upon completion of construction 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. 8. 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. 9. Access to the stormwater facilities shall be maintained at all times. 10. 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. 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 Ian approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. 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. 12. 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. lll. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. Page 3 of 4 State Stormwater Permit Permit No. SW4110702 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 riling of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 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 name, 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 18th day of July, 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION or o een H. u ins, erector Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 4 Stormwater Permit No. SW4110702 NC Zoo Polar Bear Exhibit Randolph Countv Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, NC Zoo Polar Bear Exhibit (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 Pac1e 1 of 2 Stormwater Permit No. SW4110702 NC Zoo Polar Bear Exhibit Randolph County 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: NCDENR-DWQ Regional Office Page 2 of 2 United :Mates Department of the Interior I ISII .WD WIL,DIAH, S'f?RVIC11, Rrileigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 17, 2011 Walter Cole S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 Re: Polar Bear Exhibit Expansion Project at the NC Zoological Park Dear Mr. Cole: This letter is to inform you that a list of all federally-protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws.gov/sleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally-protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended ( 16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, titnded, or carried out by such agencies is not likely to jeopardize the continued existence of any l l: liCl iAIIV-IIJtC;d C.IillUlld?.i Vtl Vi llli \.Ql?.I l\; ?l :itJcci,.J. ? U:?ll,; j.: ?.il as3cssn-ert o eva!u.aticr. rna, i1e prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.tws.gov/sleigh. Please check the web site often for updated information or changes. The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to Icklcral ,pecic,? of concern. If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural I leritage program data should not be substituted for actual field surveys. [f you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). Ho xever, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring ricthods and stringent sediment and e.-osion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, Pete Benjamin Field Supervisor List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance 13caufort Bertie 13laden Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplm Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender PergU?mans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson 4 Jason Volker From: LeGrand, Harry [harry.legrand@ncdenr.gov] Sent: Thursday, June 09, 2011 11:09 AM To: Walter Cole Cc: Jason Volker Subject: RE: Polar Bear Exhibit Expansion project at the NC Zoological Park Here is our response. Harry LeGrand Harry LeGrand, Vertebrate Zoologist North Carolina Natural Heritage Program NCDENR Office of Conservation, Planning, & Community Affairs 1601 Mail Service Center Raleigh, NC 27699-1601 Office: (919) 715-8697 harry.legrand@ncdenr.gov www.ncnhp.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Note my new e-mail address (above) June 9, 2011 Mr. Walter Cole S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 Subject: Polar Bear Exhibit Expansion Project - NC Zoological Park; Asheboro, Randolph County\ Dear Mr. Cole: The Natural Heritage Program has no record of rare species within 1/2-mile of the project area. However, only about 0.1-mile to the north is the NC Zoo Natural Area site, of State significance. Also, about 0.1- mile to the east is an extensive forested area with a Piedmont Monadnock Forest natural community, on the top of the ridge. The proposed project, being small in size, and with what appears to be a paved road- walkway between the expansion area and the natural area and natural community, the project is not expected to impact these significant features. You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a new website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location: <http://nhpweb.enr.state.nc.us/public/virtual workroom.phtml>. The user name is "guest" and the password is your e-mail address (see instructions on log-in screen). You may want to click "Help" for more information. 6%21/2011 Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program 6/21/2011 From: Walter Cole [maiIto: WCole@smeinc.com] Sent: Wednesday, June 01, 20113:43 PM To: Legrand, Harry Cc: Jason Volker Subject: Polar Bear Exhibit Expansion project at the NC Zoological Park Harry, Please review the attached correspondence regarding the Polar Bear Exhibit Expansion project at the NC Zoological Park. Thanks for you assistance. Walter Cole, LSS, REHS Environmental Scientist AL Am as ?7 we ENGINEERING INTEGRITY. S&ME, Inc. 3201 Spring Forest Road Raleigh NC 27616 Map Ph: 919-872-2660 Fax: 919-876-3958 Mobile: 919-801-3798 wcole (Ismelnc.com www.smeinc.com This electronic message and its attachments are forwarded to you for convenience and "for information only." The message may represent a summary with limitations, conditions and further explanations omitted in the interest of brevity and time constraints. The contents of this electronic message and any attachments may be preliminary and incomplete, subject to review and revision. If this electronic transmittal contains Findings, Conclusions or Recommendations, S&ME, Inc. will submit a follow-up hard copy via mail or overnight delivery for your records, and this hard copy will serve as the final record. In the event of conflict between electronic and hard copy documents, the hard copy will govern. This electronic message and any attachments transmitted with it are the property of S&ME, Inc. and may contain information that is confidential or otherwise protected from disclosure. The information this electronic message contains is intended solely for the use of the one to whom it is addressed, and any other recipient should delete this electronic message and destroy all copies. VER 4, Rev 1 - 031207 6/21/2011 r060 aA/Al North Carolina Department of Cultural Resources State Historic Preservation Office Claudia Brown, Acting Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary June 10, 2011 Jason Volker S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 Office of Archives and History Division of Historical Resources David Brook, Director Re: Polar Bear Exhibit Expansion, NC Zoological Park, Asheboro, S&ME 1581-09-146A, Randolph County, ER 11-0978 Dear Mr. Volker: Thank you for your email of June 1, 2011, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, Claudia Brown Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Mr. Jason Volker S&ME, Inc. 3201 Spring Forest Rd Raleigh, North Carolina 27616 Subject Property: NC Zoo, Asheboro NC, Randolph County On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h) Dear Mr. Volker: February 22, 2010 On February 18, 2009, at your request and in your attendance, Sue Homewood conducted an on-site determination to review features located on the subject property for intermittent/perennial determinations with regards to the above noted state regulations. John Thomas from the US Army Corps of Engineers (USAGE) was also present at the site inspection. The features that were reviewed are identified on the attached map. 'The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. In addition, two stream feature were reviewed. The feature identified on the attached map behind the polar bear exhibit was found to be perennial between the two culverts identified on the attached map. Above the northern culvert the stream starts as two intermittent streams and becomes perennial at the confluence immediately above the culvert. Please note that all intermittent and perennial stream channels, and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that ort , . Carolina Duision r>f `vlhter Cauality, Winston Salem Regional Gtfice Location: 585 4'V?uoPjtown St. 'Ai:nston-Salem; North Carolina 27107 Ph f-, <36_77! Oft' FAX 3 f '1-4.,Ustorner Service. l-877-623'6748 ?MN r rsa,erq,:aiity ?r0 e met. i:.+l Fif:l'Tw e n .. (?Qyer One NorthCarolina V11vahmally Jason Volker February 22, 2010 Page 2 of 2 you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information please call me at 336-771-4964 Sincerely, Sue Homewood DWQ Winston-Salem Regional Office Enclosures: USGS Topo Map S&ME Map cc: John Thomas, USACE Raleigh Regulatory Office DWQ, Winston-Salem Regional Office U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 201000338 County: Randolph U.S.G.S. Quad: Asheboro NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: North Carolina Zoological Park / Martin Kearns Address: 4401 Zoo Parkway Asheboro, NC 27205 Telephone No.: Property description: Size (acres) 100 Nearest Town Asheboro Nearest Waterway Pather Creek River Basin YadkiwRiver USGS HUC 03040104 Coordinates N 35.629971 W -79.761474 Location description Polar Bear exhibit, adiacent to a tributary of Panther Creek, in the North Carolina Zoological Park, Asheboro, Randolph County, North Carolina. 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 of the U.S. including wetlands on the above described project area 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 presentwo.rl:1oad, the (`,)rps :::ay r.:;t .. ., bo at!-. to ..^ccomp1t'sh«h:.,. v . ,.°t1anddem c' e»tionin t:mAl ;;,anrer Apr . arncr. e hi-r:,_ I!y : . _ ., y . delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetland on your project area 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. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed Five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ 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. Pace t of 2 ,:tlon ID: Placement of dredged or till 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 John Thomas at 919 554-4884 ext. 25. C. Basis For Determination There are stream channels within your project site which are tributaries of Panther Creek which flows into the Y•tdkin River and the :atlantic Ocean. 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:Jean Manuele, Project Manager, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Raleigh, North Carolina 27615 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 by May 1, 2010. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date 03/01/2009 Expiratio Date 03/01/2014' The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at htt,:/ireaulatory.usacc.sur:cy.com/ to complete the survey online. Copy furnished: Jason Volker, S&ME, Inc., 3201 Spring Forest Road, Raleigh, NC 27616 Page 2 of 2 U.S. ARTNtY CORPS OF ENGINEERS WILNIINGTON DISTRICT Action ID. 201000338 County: >landolph USGS Quad: Asheboro GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Zoological Park / Polar Bear Exhibit Expansion / Martin Kearns Address: 4401 Zoo Parkway Asheboro North Carolina 27205 Telephone No.: 336 879-7515 Size and location of property (water body, road name/number, town, etc.): Polar Bear exhibit, adjacent to a tributary of Panther Creek in the North Carolina Zoological Park Asheboro Randolph Count North Carolina. Description of projects area and activity: Proposed expansion of existing Polar Bear exhibit construction as described in your construction plan included with your application resulting in approximately 220 linear teet of stream channel im act and 0.025 acre of wetland impacts to the urisdictional waters of Panther Creek. Speci d condition: In order to compensate for impacts to 220 linear feet of stream channel the permittee shall snake payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 220 linear feet of warm water stream channel in the Cape Fear River Basin, Cataloging Unit 03030003. Construction within jurisdictional areas on the property shall begin only after the pennittee has made full payment to the NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the NCEEP In-Lieu Fee Instrument, approved by the United States Army Corps of Engineers, Wilmington District on July, 28, 2010. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or !ocal approvals/permits. If there .re any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, pleacontact John Thomas (:u 919 554-4884 ext. 25. Page i of 2 Corps Regulatory Official Ex iration Date of Verifieati 03/18/2012 Date: 08/30/2011 P t h of a/support to the puc. o help us ensure we coninue www.saw usacebarmTmil/WETLANDS/ ndexthtml tt do so, The Wilmington District is committed to providing the highest please complete the attached customer Satisfaction Survey complete the survey online. Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. Chis preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). the ermit requiremen ? 'Chore are Navigable Waters of the United States within oni404 ofbhe escribed er Act`tUnless bhere is a change in the law ortourt Section Section 10 of the Rivers and Harbors Act and published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. t to the require There are waters of the US and/or wetlands within the above descried roject rea herebs a changein the ]awcor our publish ed regula ions,?hisection 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Action ID Basis of Jurisdictional Determination: Pro ert has tributar to Panther Creek which flows to the Cam Fear River and the Atlantic Ocean. «tia --fare/wetlands nroaosed for impacts associated with this lslationwide Perm This urtsatcnona, uC?c? -__ and does not include any other waters/wetlands that may be located on the pro ep r V. Appeals Information (This information applies only to approved jurisdictional determinations.) 33 CFR 331If Enyou are not in closed you w?l fin d a Nowith that approved fication of Appeal Prdoceios al Attached to this verification is an approved jurisdictional determination, you can make an administrative appeal under (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RF form to the following address: District Engineer, Wilmington Regulatory Division Attn:Jean Gibby, Project Manager, Ralei,h Regulatory Field Office 3I331 I[ ritage Trade Driver, Suite 105 `Nuke forest, North Carolina 27587 e, th meets the In order for an IZ 1;A to be accepted by the en received by the that it is 60 daystof thetdate of the NAP. Should you l under 33 °R part 331.5, and that it has b decide to su , ,it an RFA form, it must be received at the above address by October 30, 2011. rage 2 of 2 «*[t is riot necessary to submit an RFA o 1m to the Di. tfict Office if you do not object to the determiiiation in this correspon(Ience. Corps Regulatory Official: Date 08/30LZ SURVEY PLC\TS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE A'FFACHI I) TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Mr. Jason Volker, S&ME, tn., 3201 Spring Forest Road, Raleigh, NC 27616 l-aue3of 2 !,S&ME AGENT AUTHORIZATION FORM , If I- Date: ,; 'roject Information S&ME Project Name: Polar Bear Exhibit Expansion Type of Project: Jurisdictional Delineation Location: 4101 Zoo Parkway, Asheboro, North Carolina Pro eri uwner/me reseniauvu n11an111auv11 Business Name: ' r,7 ?r +? -al i.7 w l Mailing Address: City, State, Zip Code: Telephone No. Contact: A gem i nTOrmailvn Business Name: S&ME, Inc. Street Address: 3201 Spring Forest Road City, State, Zip Code: Raleigh, NC 27616 Telephone No. 919-880-3137 -- Contact: Mr. Jason Volker, L.S.S. Authorization: on behalf of (Contact Signature) hereby authorize (Name of Landowner or Representative) S&ME, Inc. to act as agent for the above-mentioned project.