HomeMy WebLinkAbout20070801 Ver 1_401 Application_20070507ENVIRONMENTAL SERVICES, INC.
9401-C SOUTHERN PINE BOULEVARD
CHARLOTTE. NORTH CAROLINA 28273
704-523-7225 • FAX 704-523-7226
www.environmentalservicesinc.com
03 May 2007
Division of Water Quality
401/Wetlands Unit
Attention: Ms. Cyndi Karoly
2321 Crabtree Boulevard
Raleigh, NC, 27699-1650
RE: Courtesy Copy of Nationwide #29 Permit Application
The Preserve at Forest Creek
Union County, North Carolina
ESI Project No. ET05070.00
Dear Ms. Karoly:
0 7 • 0 80 1
®U RTESi
COPY
Enclosed, please find one (1) courtesy copy of the Nationwide #29 Permit Application
for the above-reference project. Should you have any questions or require any additional
information, please contact me at 704-523-7225.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
C ?
Carrie Allison
Senior Scientist
Enclosures
JACKSONVILLE • ST. AUGUSTINE 0 COCOA • JUPITER • DESTIN 0 SAVANNAH • ATLANTA • RALEIGH • CHARLOTTE • ASHEVILLE
THE PRESERVE AT FOREST CREEK
North Carolina Division of Water Quality
Nationwide #29 Permit Application
Courtesy Copy
0 7. 0 8 0
PRE-CONSTRUCTION NOTIFICATION PURSUANT TO
NATIONWIDE PERMIT NO. 29
THE PRESERVE AT FOREST CREEK
UNION COUNTY, NORTH CAROLINA
ESI Project No. ET05070.00
MAY 2007
For
Hill Land Corporation
2042 Celanese Road
Rock Hill, SC 29732
803-802-1799
BY
ENVIRONMENTAL SERVICES, INC.
9401-C Southern Pine Boulevard
Charlotte, NC 28273
704-523-7225
www.esinc.cc
Table of Contents
1.0 EXECUTIVE SUMMARY, ...................................................................
2.0 EXISTING CONDITIONS ...................................................................
2.1 CURRENT LAND USE.
2.2 JURISDICTIONAL DETERMINATION
3.0 PURPOSE AND NEED FOR THE PROJECT
4.0 AVOIDANCE AND MINIMIZATION
5.0 PROPOSED IMPACTS TO JURISDICTIONAL WATERS
6.0 COMPENSATORY MITIGATION„ .................
7.0 PROTECTED SPECIES
. .. ... ...............
8.0 CULTURAL RESOURCES.... ..............................................
9.0 CONCLUSION
REFERENCES
List of Attachments
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Attachment A - Figure 1. Project Location Map
Attachment A - Figure 2. USDA Soil Survey of Cabarrus County
Attachment B - Jurisdictional Determination
Attachment C - Impact Figures
Attachment D - Pre-Construction Notification Application - Nationwide Permit No. 29
Attachment E - Site Plan
1.0 EXECUTIVE SUMMARY
The proposed Preserve at Forest Creek development is located near the town of Waxhaw, between
Rehobeth Road and Sims Road in Union County, North Carolina (Attachment A - Figures 1, 2a
and 2b). The purpose of this project is to establish proper road crossings for the development
while minimizing impacts to jurisdictional streams. Environmental Services, Inc. (ESI) has been
contracted by Hill Land Corporation to provide permitting services for this project.
The results of the on-site field investigation indicate that there are four main stream channels
located within the project boundary. These stream channels include Rone Branch and associated
unnamed tributaries (UT) to Rone Branch. Two jurisdictional stream channels will be impacted by
this project (Attachment B) and wetland impacts will be avoided. Proposed activities include the
installation and extension of culverts and will result in 145 if of stream impact. Each of these
activities qualifies under the Nationwide Permit (NWP) program as promulgated by the US Army
Corps of Engineers (33 CFR 330). On behalf of Land Hill Corporation, ESI is submitting a Pre-
Construction Notification application in accordance with Nationwide Permit (NWP) Number 29
(Attachment Q.
1
2.0 EXISTING CONDITIONS
The proposed Preserve at Forest Creek project is located near the town of Waxhaw, between
Rehobeth Road and Sims Road in Union County, North Carolina (Attachment A - Figures 1, 2a
and 2b). The purpose of this project is to establish proper road crossings for the development
while minimizing impacts to jurisdictional streams. Environmental Services, Inc. (ESI) has been
contracted by Hill Land Corporation to provide permitting services for this project.
2.1 CURRENT LAND USE
The project study area is primarily comprised of mixed hardwood forest. According to the USDA
Soil Survey of Union County, on-site soils consist of Cecil, Chewacla, Georgeville, Pacolet, and
Zion mapping units (Attachment A - Figure 2a). Cecil soils are well drained and exhibit moderate
permeability and water capacity. Chewacla soils are somewhat poorly drained and exhibit
moderate permeability and high water capacity. Georgeville soils are well drained and exhibit
moderate permeability and water capacity. Pacolet soils are well drained and exhibit moderate
permeability and low water capacity. Zion soils are well drained and exhibit slow permeability and
low water capacity. The surrounding vicinity is comprised of low-density residential development
and agricultural/pasture lands.
2.2 JURISDICTIONAL DETERMINATION
On-site jurisdictional waters of the U.S., as defined by the U.S. Army Corps of Engineers
(USAGE), were evaluated utilizing the Routine On-Site Determination Method. This method is
defined in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory
1987). Based on this approach, there are no jurisdictional wetland areas.
Jurisdictional waters of the U.S. were classified according to the North Carolina Division of Water
Quality (NCDWQ) and USACE guidance. The results of the on-site field investigation indicated
that there are four main stream segments within the project boundary. The onsite streams consist
of Rone Branch and associated unnamed tributaries (UT) to Rone Branch. These streams are part
of the Catawba River basin (HU# 03040105) (USGS 1974), and are classified as "Class C" waters
by the NCDWQ (NCDWQ 2004).
A USACE jurisdictional verification was issued by Ms. Amanda Jones on October 6, 2005
(Attachment B).
3.0 PURPOSE AND NEED FOR THE PROJECT
The proposed development is being proposed in order to meet the growing housing demand in
Union County, North Carolina, while minimizing environmental impacts to the greatest extent
practical. Jurisdictional stream impacts are being proposed to establish road crossings needed to
support anticipated traffic patterns and satisfy safety concerns.
2
4.0 AVOIDANCE AND MINIMIZATION
The proposed project design minimizes stream impacts to the maximum extent possible, while still
allotting for road crossings that will support anticipated traffic patterns and satisfy safety concerns.
All proper sediment and erosion control measures will be taken to minimize impacts to
downstream waters.
5.0 PROPOSED IMPACTS TO JURISDICTIONAL WATERS
The proposed project will impact 15 if of stream in order to extend an existing culvert and 130 if
of stream to install a new culvert. These activities are necessary to maintain safety and traffic flow
at the entrance of the development at Rehobeth Road. The stream and wetland impacts are
summarized in Table 1. Impacts are detailed in Attachment C.
On behalf of Land Hill Corporation, ESI is submitting a Pre-Construction Notification application
with attachments in accordance with Nationwide Permit Number 29 (Attachment D).
Table 1. Summary of Proposed Impacts
Stream
Jurisdictional Area Activity Impacts under
NWP No. 29
Rone Branch Extend Culvert 151f
UT to Rone Branch Install Culvert 1301f
6.0 COMPENSATORY MITIGATION
The proposed design of this project minimizes stream impacts to the greatest extent practicable.
Because wetland and stream impacts are de minimis, no mitigation is proposed at this time.
7.0 PROTECTED SPECIES
ESI evaluated the project study area for potential habitat for federally listed Threatened (T) or
Endangered (E) species known to occur in Union County, North Carolina. The U.S. Fish and
Wildlife Service (FWS) indicate three species with ranges extending into Union County, North
Carolina: Carolina heelsplitter (Lasmigona decorate), Michaux's sumac (Rhus michauxii), and
Schweinitz's sunflower (Helianthus schweintzii). Additionally, records kept by the N.C. Natural
Heritage Program (NHP) concerning any known occurrences of federally Threatened or
Endangered species were reviewed by ESI on 26 July 2006.
• Carolina heelsplitter (E) tends to be found in mud, muddy sand, or muddy gravel
substrate in cool, slow-moving, small to medium-sized streams or rivers along stable, well-
shaded streambanks. The stability of the stream banks appears to be a very important factor
in the habitat. NHP records review indicates no documented occurrences of this species
within 1.0 mile of the proposed site. Stream channels located on-site tend to be small with
3
little or no consistent flow; therefore, potential habitat for Carolina heelsplitter does not
exist on the project site.
Biological Conclusion: No effect
• Schweinitz's sunflower (E) is typically found in clearcuts and on the edges of upland
forests in soils that have high gravel content. The project study area includes mixed
hardwood upland forest, which does not provide suitable habitat. A small portion of
cleared habitat associated with a power easement located near the northern boundary of the
property does represent potential habitat. However, a thorough survey of this area was
conducted during October 2006 and no sunflowers were observed. Further, a NHP records
review indicated no documented occurrences within a one-mile radius of the project site.
Biological Conclusion: No effect
• Michaux's sumac (E) tends to grows in sandy or rocky open woods in association with
basic soils. This plant is thought to survive best in areas where disturbance has provided
open habitat. The project study area includes mixed hardwood upland forest with a
relatively dense canopy that does not provide suitable habitat. A small portion of cleared
habitat associated with a power easement located near the northern boundary of the
property does represent potential habitat. However, a thorough survey of this area was
conducted during October 2006 and no sumac was observed. Further, a NHP records
review indicated no documented occurrences within a one-mile radius of the project site.
Biological Conclusion: No effect
8.0 CULTURAL RESOURCES
On 27 October 2006, ESI conducted research at the Survey and Planning Branch (S&P) of the
North Carolina State Historic Preservation Office (SHPO) and the North Carolina Office of State
Archaeology (OSA). Research at the S&P revealed the National Register of Historic Places listed
Waxhaw Historic District (UN828), located approximately 0.5-miles northeast of the project area,
and the L. Austin House (UN13), located approximately 600 feet southeast from the project area
on SR 1112. Research at the OSA revealed archaeological site 31UN244, reportedly a prehistoric
archaeological site containing Paleo-Indian and Archaic period artifacts occurs near the site.
These sites are not anticipated be effected by the proposed construction activities. However, if any
potential archaeological artifacts are discovered as a result of this work, construction will be
stopped until coordination with SHPO can be arranged.
9.0 CONCLUSION
The Preserve at Forest Creek (Attachment E) will impact 145 linear feet of stream in order to
install and extend culverts. These impacts are considered de minimis in nature and therefore do
not require mitigation. Further, no federally protected plant or animal species or cultural resources
are anticipated to be impacted by this project. Any future impacts associated with this
development will be considered cumulative and additive to the impacts permitted under this
proposal.
4
REFERENCES
Environmental Laboratory. 1987. US Army Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg,
Mississippi.
NC Division of Water Quality (NCDWQ). 2004a. Basinwide Information Management System
(BIMS): Stream Classification. September 2004. http://h2o.enr.state.nc.us/bims/reportsibasinsand
waterbodies/hydroCatawba.pdf . Downloaded September 2004.
United States Department of Agriculture, Soil Conservation Service. 1996. Soil Survey of Union
County, North Carolina.
US Geological Survey. 1974. Hydrologic Unit Map, State of North Carolina
5
ATTACHMENT A
Figures
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Project Boundary
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Source: To ozone.com, ,,
Catawba NE (SC/NC) Quadrangle, 1993.
Waxhaw (NC) Quadrange, 1993.
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Disclaimer: Information represented on this map was tledved L
from secondary data sources and is to be used for general
planning purposes only. No warranties or representations of 1
accuracy are expressed or implied
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ENVIRONMENTAL
SERVICES, INC.
9401-C Southern Pine Boulevard
Charlotte, North Carolina 28273
(704) 523-7225
(704) 523-7226 Fax
www environrnentalservicesinc. corn
` =g
Project: ET05070.00
Date: Jan 2007
Drwn/Chkd: CLA/SPP
Figure: 1
_______ ----- 1
ET05070.00\Fig2.cdr
ATTACHMENT B
Jurisdictional Determination Request
0
GR
The Preserve at Forest Creek
Stream Impact Exhibit
Q H
R. Joe Hams & Associates, P.L.L.C.
Engineering • Planning • Management
1698 W, Hay 160, Suite. 130, Fort h . &C 2WM (803) 802-177 Fu (803) 8W2 6
ATTACHMENT C
Impact Figures
U.S. ARMY CORPS OF ENGINEERS 0 7 0 8 0 1
WILMINGTON DISTRICT
Action Id. 200532327 County: Union U.S.G.S. Quad: Waxhaw
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Agent: Hill Land Corp. / Attn: Chip Harris
Address: P.O. Box 240786
Charlotte, NC 28224
Telephone No.: 704-525-9125
Size and location of property (waterbody, road name/number, town, etc.) The site is located at 7250 Sims Road, in
Waxhaw Union County, North Carolina.
Indicate Which of the Followine Apply:
_ Based on preliminary information, there may be wetlands and stream channels 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.
X_ There are wetlands and stream channels 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 and stream channels 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 wetlands and stream channels on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X_ The wetlands and stream channels have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on October 6, 2005. 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.
Remarks:
Corps Regulatory Official:
Date October 6, 2005 Expiration Date October 6, 2010
Page 1 of 2
Action Id. 200532327
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 Amanda Jones at 828-
271-7980 z. 231.
Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channels located on the property. The stream channels on the property are
unnamed tributaries to Rone Branch which flows into the Catawba River and ultimately flows to the Atlantic Ocean
through the Santee-Cooper River in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property d the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: WNP, Attn: Chris Huysman, P.O. Box 224, Newton, NC 28658
JURISDICTIONAL DETERMINATION
U.S. Army Corps of Engineers
DISTRICT OFFICE: Wilmington
FILE NUMBER: 200532327
PROJECT LOCATION INFORMATION:
State: NC
County: Union
Center coordinates of site (latitude/longitude): 34.9104 / 80.7477
Approximate size of area (parcel) reviewed, including uplands: acres.
Name of nearest waterway: Rone Branch
Name of watershed: Catawba
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ® Date: October 7, 2005
Site visit(s) ? Date(s):
Jurisdictional Determination (JD):
Revised 8/13/04
? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
B[ Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply-
0 There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area: .
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area: .
There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands.
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
?'. (6) The presence of territorial seas.
?, (7) The presence of wetlands adjacent' to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). The site contains
wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property. The stream channels on the property are unnamed tributaries to Rone Branch which
flows into the Catawba River and ultimately flows to the Atlantic Ocean through the Santee-Cooper River in
South Carolina.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary High Water Mark indicated by:
? clear, natural line impressed on the bank
?' the presence of litter and debris
changes in the character of soil
destruction of terrestrial vegetation
shelving
other:
]! High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gages
? other:
Mean High Water Mark indicated by,
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
WNR
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated July 1, 2005, prepared by (company): WNR
? This office does not concur with the delineation report, dated , prepared by (company):
Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
? U.S. Geological Survey 7.5 Minute Topographic maps: Waxhaw
U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service Soil Survey:
National wetlands inventory maps:
? State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
Q Other photographs (Date):
? Advanced Identification Wetland maps:
[] Site visit/determination conducted on:
Applicable/supporting case law:
Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
27he term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.
NOTIFICATION OF APMINIS,TRATWE APPEAL OPTIONS AND PROCESS AND
REQUEsTFOR APPEAL,
Applicant: Hill Land Corp. / Attn: Chip File Number: 200532327 Date: October 7, 2005
Hams
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
:X [APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options `regarding an administrative appeal of the above
decision. Additional information maybe found at http://www usace.anny.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 ;CFR Part 33 L
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer vf?1 evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENTAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION `I1- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Amanda Jones Mr. Michael F. Bell, Administrative Appeal Review
151 Patton Ave Officer
RM 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
ATTACHMENT D
Pre-Construction Notification Form
Nationwide Permit Number 29
Office Use Only: Form Version May 2002
07 • 080 1
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
COURTESY
Check all of the approval(s) requested for this project: Pv
® Section 404 Permit ?Riparian or Watershed Buffer Rules
? Section 10 Permit ?Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit
3. If this notification is solely a courtesy copy because written approval for the 401
Certification is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is
proposed for mitigation of impacts (verify availability with NCWRP prior to submittal
of PCN), complete section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on
page 4), and the project is within a North Carolina Division of Coastal Management
Area of Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
1. Owner/Applicant Information
.-
? ?i , ?
Name: Hill Land Corporation
Mailing Address: 2042 Celanese Road WOAD„,,
Rock Hill, SC 29732
Telephone Number: 803) 802-1799 Fax Number: (803) 802-0886
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization
letter must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. Paul Petitgout
Company Affiliation: Environmental Services, Inc.
Mailing Address: 9401-C Southern Pine Boulevard
Charlotte, North Carolina 28273
Telephone Number: (704) 523-7225 Fax Number: (704) 523-7226
E-mail Address: ppetitgout@esinc.cc
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing
property boundaries and development plans in relation to surrounding properties. Both the
vicinity map and site plan must include a scale and north arrow. The specific footprints of
all buildings, impervious surfaces, or other facilities must be included. If possible, the
maps and plans should include the appropriate USGS Topographic Quad Map and NRCS
Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be
included at the applicant's discretion, so long as the property is clearly defined. For
administrative and distribution purposes, the USACE requires information to be submitted
on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of
any size. DWQ prefers full-size construction drawings rather than a sequential sheet
version of the full-size plans. If full-size plans are reduced to a small scale such that the
final version is illegible, the applicant will be informed that the project has been placed on
hold until decipherable maps are provided.
1. Name of project: The Preserve at Forest Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 05117012, 05117014, 05117013
4. Location
County: Union Nearest Town: Waxhaw
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From the town of
Waxhaw North Carolina take Waxhaw Highway (NC-75) east. Turn left (south) onto
Rehobeth Road. The project site is located on the eastern side of the road, just north of
the intersection of Rehobeth Road and Sims Road.
5. Site coordinates, if available (UTM or Lat/Lon ): 34° 54'32"N, 80° 45'27"W
(Note - If project is linear, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Approximately 259.62 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Rone Branch
8. River Basin: Catawba (HU# 03040105) (NCDWQ: 03-07-11) (SIN#: 13-17)
(Note - this must be one of North Carolina's seventeen designated major river basins.
The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application: The project study area is primarily comprised of
mixed hardwood forest. Onsite streams consist of Rone Branch and several unnamed
tributaries (UT) to Rone Branch. Rone Branch is perennial in nature while the UT's are
typically intermittent The surrounding vicini1y is comprised of low-density residential
development and agricultural/pasture lands.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will establish a residential development in Union County, North
Carolina near the town of Waxhaw.
11. Explain the purpose of the proposed work: The purpose of this project is to establish
proper road crossings for the development while minimizing impacts to jurisdictional
streams and wetlands.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain.
Include the USACE Action ID Number, DWQ Project Number, application date, and date
permits and certifications were issued or withdrawn. Provide photocopies of previously
issued permits, certifications or other useful information. Describe previously approved
wetland, stream and buffer impacts, along with associated mitigation (where applicable). If
this is a NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
A notice of Jurisdictional Determination was issued by USACE, Wilmington District, on
October 6, 2005 (Action Id: 2005323271.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application.
The adjacent areas mqy be incorporated as part of the development depending upon the
need/market for housing in this area.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must
also provide justification for these impacts in Section VII below. All proposed impacts,
permanent and temporary, must be listed herein, and must be clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and
perennial) must be shown on a delineation map, whether or not impacts are proposed to
these systems. Wetland and stream evaluation and delineation forms should be included as
appropriate. Photographs may be included at the applicant's discretion. If this proposed
impact is strictly for wetland or stream mitigation, list and describe the impact in Section
VIII below. If additional space is needed for listing or description, please attach a separate
sheet.
1. Provide a written description of the proposed impacts: The proposed project will
impact 145 linear feet of stream and no wetlands in order to extend an existing culvert
and install a new culvert associated with the entrance of the development at Rehobeth
Road.
2. Individually list wetland impacts below:
Wetland Area Located within Distance to
Impact
Site Number Type of of 100-year Nearest
Type of Wetland
Impact* Impact Floodplain* * Stream
(indicate on (acres) (yes/no) (linear feet)
map) I
NA NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing,
grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate
Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-
800-358-9616, or online at http://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NA
Total area of wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Impact
Length Average Width of Perennial or
Site Number Type of Impact* e
- linear feet)
(If Stream Name** Stream Before Intermittent?
(indicate on ma) Impact (please seci )
1 Extend Culvert 15 if Rone Branch +1-5 ft Perennial
2 Install Culvert 130 if UT to Rone +1-5 ft Intermittent
Branch
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated
rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and
net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If
stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must
be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or
online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 145 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:
Open Water
Area
Impact
of
Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary,
(indicate on (acres) sound, bay, ocean, etc.)
map)
NA NA NA NA NA
* List each impact separately and identity temporary impacts. impacts include, but are not limited to: ills, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond
should be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream
? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to
provide information related to site constraints such as topography, building ordinances,
accessibility, and financial viability of the project. The applicant may attach drawings of
alternative, lower-impact site layouts, and explain why these design options were not
feasible. Also discuss how impacts were minimized once the desired site plan was
developed. If applicable, discuss construction techniques to be followed during
construction to reduce impacts.
The nrooosed desian of this proiect minimizes stream impacts to the maximum amount
possible The culvert extension and installation are necessarto provide adequate access
from Rehobeth Road while ensuring smooth traffic flow for safety purposes. All proper
sediment and erosion control measures will be taken to minimize impacts to downstream
waters.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of
impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to
perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required
when necessary to ensure that adverse effects to the aquatic environment are minimal.
Factors including size and type of proposed impact and function and relative value of the
impacted aquatic resource will be considered in determining acceptability of appropriate
and practicable mitigation as proposed. Examples of mitigation that may be appropriate
and practicable include, but are not limited to: reducing the size of the project; establishing
and maintaining wetland and/or upland vegetated buffers to protect open waters such as
streams; and replacing losses of aquatic resource functions and values by creating,
restoring, enhancing, or preserving similar functions and values, preferable in the same
watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in
order for USACE or DWQ to consider the application complete for processing. Any
application lacking a required mitigation plan or NCWRP concurrence shall be placed on
hold as incomplete. An applicant may also choose to review the current guidelines for
stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina,
available at http://h2o.enr.state.nc.us/ncwetlands/strmizide.html.
1. Provide a brief description of the proposed mitigation plan. The description should
provide as much information as possible, including, but not limited to: site location
(attach directions and/or map, if offsite), affected stream and river basin, type and
amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,
creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions,
conservation easement, etc.), and a description of the current site conditions and
proposed method of construction. Please attach a separate sheet if more space is
needed.
The proposed design of this project minimizes stream and avoids wetland impacts.
Because impacts are de minimis no mitigation is proposed at this time.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the
NCWRP at (919) 733-5208 to determine availability and to request written approval of
mitigation prior to submittal of a PCN. For additional information regarding the
application process for the NCWRP, check the NCWRP website at
http://h2o.enr.state.nc.us/3vrp/index.htm. If use of the NCWRP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental
documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also
provide justification for these impacts in Section VII above. All proposed impacts must be
listed herein, and must be clearly identifiable on the accompanying site plan. All buffers
must be shown on a map, whether or not impacts are proposed to the buffers.
Correspondence from the DWQ Regional Office may be included as appropriate.
Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify: )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement,
Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all
appropriate information as identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
An approved stormwater and erosion control plan will be obtained for this project.
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer
Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of
desired construction dates to allow processing time for these permits. However, an
applicant may choose to list constraints associated with construction or sequencing that
may impose limits on work schedules (e.g., draw-down schedules for lakes, dates
associated with Endangered and Threatened Species, accessibility problems, or other issues
outside of the applicant's control).
Construction is scheduled to begin immediately following the receipt of all appropriate
6/z/o7
Ap icant/Agent's ' nature Date
(Agent's signatur ' f an authorization letter from the applicant is provided.)
ATTACHMENT E
The Preserve at Forest Creek
Site Plan
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