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HomeMy WebLinkAbout20051881 Ver 4_401 Application_20120913To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn- Andy Williams 3331 Heritage Trade Drive, Suite 105 Raleigh, NC 27587 From: Wendell Overby Soil & Environmental Consultants, P A. 11010 Raven Ridge Road Raleigh, NC 27614 nental Consultants, PA Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467 www.SandEC.com September 12, 2012 S &EC Project # 5- 1325w4 N.C. Division of Water Quality WebSCaPe Attn: Karen Higgins 512 N. Salisbury Street -9°i fl Raleigh, NC 27603 fl Re: Lilliefield Subdivision Phase III, High Point, Guilford County, NC ���OWC DO SEP 1 3 2012 DENR - W Y On behalf of High Point Bank (Attn: Mrs. Nikki Bennett) please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers ( USACE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permits (NWT) 12 & 29 as well as General Water Quality Certifications (GC) 3884 & 3890 Proposed impacts include 0.15 acres of wetlands related to a road crossing as well as 2 temporary wetland impacts for sewer construction. Lilliefield Subdivision as well as the adjoining Walnut Creek Subdivision and the The Trelises at Piedmont Crossing were originally approved as a single PUD. As such the USACE has considered the developments as a single project. Therefore, impacts requested in this PCN will be considered cumulative to former impacts to Waters related to Lilliefield, Walnut Creek and The Trelises at Piedmont Crossing. The USACE did not consider cumulative mitigation for past impacts. An overall impact map with past impact approvals is attached with this submittal Prior approved impacts include .15 acres of wetlands, 281 linear feet of permanent stream impact, 35 linear feet of temporary stream impact and .083 acres of isolated wetlands. Please contact me at (704) 239 -2001 if you have any questions or require additional information. PROJECT SUMMARY Project Name Lilliefield Subdivision Project Type Residential Development Owner / Applicant High Point Bank County Guilford Nearest Town High Point Waterbody Name UT Oak Hollow Lake Basin / Sub -basin Cape Fear Class WS -IV CA USGS Cataloging Unit 0303003 IMPACT SUMMARY Stream Impact (acres): 0 Wetland Impact (acres). 0.151 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres): 0.151 Total Stream Impact (linear feet): 0 Attachments: Pre - construction Notification (PCN) Application Form Agent Authorization Form USGS Topographic Site Vicinity Map NRCS Soil Survey Site Vicinity Map Impact Maps Historical Impact Maps Ecosystem Enhancement Program (EEP) Acceptance Letter (dated July 24, 2012) Wetland Data Forms Rapanos Forms NC DWQ stream forms USACE stream forms $240 Application Fee (DWQ Only) Pnor 404/401 permits O�_ � W A O T �qQG � r 201 20856 Office Use Only. Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12, 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No id. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. I ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Lilliefield Subdivision (Tract D /Phase III) 2b. County: Guilford 2c. Nearest municipality / town: High Point 2d. Subdivision name: Lilliefield 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: High Point Bank & Trust Company 3b. Deed Book and Page No. 007207 -02944 UV LCM;a ko L9 U VV 14 3c. Responsible Party (for LLC if applicable): Bank of High Point UU FTEill rD%E—NR- 3d. Street address: PO Box 2270 I 3e. City, state, zip: High Point, NC 27261 oUALITY 3f. Telephone no.: (336) 881 -3465 3g. Fax no.: 3h. Email address: nbennett@highpointbank.com Page 1 of 10 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: Wendell Overby 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 11010 Raven Ridge Road 5d. City, state, zip: Raleigh, NC 27614 5e. Telephone no.: (704) 239 -2001 5f. Fax no.: 5g. Email address: woverby @sandec.com Page 2 of 10 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): 7804610049 1 b. Site coordinates (in decimal degrees): Latitude: 36.05646 Longitude: - 79.99473 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 16.78 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Oak Hollow Lake proposed project: 2b. Water Quality Classification of nearest receiving water: WSIV CA 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: 16 -acre portion of subdivison is forested; surrounding land use is residential housing. 3b. List the total estimated acreage of all existing wetlands on the property: 1.2 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 11881f of stream classified as isolated by USACE. 3d. Explain the purpose of the proposed project: Development of Lilliefield Subdivision (Tract D) requiring construction of street for access to upland areas. 3e. Describe the overall project in detail, including the type of equipment to be used: Development of Lilliefield SD (48 lots) requiring road, pad & infrastructure construction via pans, dozers and backhoes. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past. Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: S &EC Name (if known): Overby Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. On 9/12/11 site visit with USACE (A Williams) and DWQ (S Homewood) to review site features. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Al D's 200521021, 200420295, 200801215 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Tract D represents last phase of Lilliefield S /D. Corps considers Lilliefield and Walnut Creek cumulative regarding impacts Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P ❑ T Fill Forested ® Yes ❑ No ® Corps ❑ DWQ 15 W2 ❑ P ® T Pipe Forested ® Yes ❑ No ® Corps ❑ DWQ .0005 W3 ❑ P ®T Pipe Forested ® Yes ❑ No ® Corps ❑ DWQ .0005 W4 ❑ P ❑ T ❑ Yes ❑ Corps El No [I DWQ W5 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts .151 2h. Comments: W2 and W3 sewer related impacts to be returned to grade 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c: 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) ) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps [:11 NT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 0 3i. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) 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 Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary im act required? 131 ❑ PEI T ❑Nos 0 0 132 ❑ PEI T El Yes ❑ No 63 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Road alignment designed to avoid buffer and stream impacts. Sewer alignment designed to avoid jurisdictional features 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proposed culvert designed to the minimum necessary to accommodate street and fill slopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: .15 acres 4f. Non - riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes No Comments: Diffuse plan submittal to High Point concurrent with 401 request 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 36% 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 storm water ponds with level spreaders to treat 85% TSS proposed for storm water plan. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? High Point ® Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state - implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWO Requirement) 1 a. Does the project involve an expenditure of public (federal /state/local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 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 ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project does not meet any of the three criteria of private projects that can clearly result in cumulative impacts. The proposed development is within a residential bounded by existing home -sites and therefore, the utility infrastructure (i.e. water and electricity) are already in place to service the proposed development. We anticipate that DWQ will advise us if a qualitative or quantitative impact analysis is required. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater treatment/disposal to be handled by City of High Point. Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Map Viewer (virtual workroom) was used to search for elemental occurrences of state and federally protected species in the vicintiy of the project. No records were found based on the search. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat located at project site. http / /www. habitat. noaa. gov / protection /efh /habitatmapper.htmi 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO HPOWEB GIS Service 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Project engineer Wendell Overby }° Z/ %11 1 Z Applicant/Agent's Printed Name Applicant/Agent's gnature Date (Agent's signature is valid only if an aut zation letter from the applicant is rovid Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version Name: Address: Sod & Environmental (Consultants, - A. 11010 Raven Ridge -Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 a Fax_ (919) 846 -9467 AGENT AUMORMAATION FORM All Blanks To Be Filled In By The Current Landowner 0 Phone: - (0 S Project Name /Description _ % li i d SJ 6" 0"s" on._- Date. t t 6 The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.Q. Box 1890 Wilmington, NC 28402 .Attn: Andy Williams Field Office: Raleigh Re: Wetlands Related Consulting and Permitting To Whom It May Concern: 1, the current rP-- owner, hereby designate and authorize Soil & Environmental Consultants, Inc, to act in my behalf as my agent in the processing of permit applications, to furnish upon request su plemental information in support of applications, etc. from this day forward The day of This notification supersedes any previous correspondence concerning the agent for this project NOTICE; This authorization, for liability and professional courtesy reasons, is valid only for government officials to-enter the property when accompanied by S&EC staff. You should can S &EC to arrange a site meeting prior to visiting the site. Print Property Owner's Name cc: Mrs. Cyndi Karoly NCDENR - DWQ 512 North Salisbury Street Raleigh, NC 27604 0 O S O O 8 � O O U'i 8 � o 0 R:i g I 8 N O O JO w 8 O c C C C C C C r 4 zz� r)p mod C r rm lT V§ x q B � sF •� qA x a , ® Y fF d �1 �✓ G°' r ✓y�`' ",' � ,E�""`t y -,rte ?'7' d Site d a� AM < O Z N J O r7 F- (J T Z Q � p CQ(CC�Q C� 0O G L Q T- 0 O r II •C) z tit li c- j Q�O5 O -J�> -O W L-Lj �"�° v o cn 90�I s i r ;t iI ; co ham; li z FPS i ". , HE C Q kV o co O _ f.�• � ........ .� ::: �-_- 1;Zf 1, P i` ' a' • b, t r'•. p i "S i. kV ru 1 W.f " mot•: --,.� Pw -� ` -`_` -' `.•_C`4•�'^ �... �-., a}...._._— "_y,.�" -',., `' ``� it , - r; o o AZ I\ r, + S0,996 z O r r —CO 3- UO i i O Q 00 s-'-r :2 p' m p O z i Dated t'4w i W i C'7 ( o Q � z 0 o lw/70= C 4 (l �Ha�O = ?- Q a Li - Lo - O a t--s of �l O U- o .J N � O w C� if _w_i U V) I / i a� � 1 F7. i /o o, w I LL L I O � I __1 I i i - Li H p "Co a z t s w U CO o z a �, Q co 00 s t G F=s co H W O O - r _ V w I �wt - Q w / Y .-. 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Lilliefieid Expimdon d Aceeptdnce.- January 214. 2t-, -'11 County-- Chailfr,,rd Ilse PUxPoSe of this letter fstcroti* you that the No:tdh Carohin (WEEP) ai Milting to axept P'iynleni to,- CC-InVeMaWr3' lfl;tigAtion for kiipacis asswiated with the above referenced project as indicated in the table below. PieaAa note thAt Jecr;S,,vn di Ceti not assu&, 'mat participation in the NCEZE? wiii be appr(-,vvd by the pens -41 i,,suirg agcn:ie,,, as nwigat*n for pqject ixjucu 1i is trio.- res,:onsib I I itr o' de- applicant to conrac! thou agtnecies to dttermim if pay rn--nt to the N= w +11 be Gaproved. You Mgg also coggpil =te. federg -ient permits. legglAtiom ar tions assozlatA:� -M as amen -OW by &L., 2011-343. This acceptance is vuld ki six xoat� z tream he doeaf this letter and is not transferable. if we hfive not received a cxppy of the Waed 4U4 Pernit/401 (ArUfxcstkoiVC4,P4A permlit weJ"a 0-4 time ftame, W4 acmptance will crpiro, It is the applivzt's respQu,,ilb%iiity to iand copies tf tl,—, pevz& :o NLT.E'F. OaceINCEEP receives it copy of the ptm:d1(s) an iuvo,.ce will be iS,,ut-d baied oi, tk i t q tmd rrii6gatien in &,aE permit and payment must be made prior t3 conducting du- authorized work. The zmounr of the In U--i Fee to bo paid to NCEEP by all applicant isaicuatedz;iue44 upon the. Fee Schedule tind policies listed at vs wv,.itceep.ue.. 130sed oil the Lnfix=tion supplied by pe in youf reqaegt to Use te 14CLSEP, the impacts that may require ox�mpeu&atory Tritigatiun art, summarized Li t'LL- fellowing table. Tie an. ount of mitigation *.e,,,uir,-d for this impact is detenrined by perwitr.ag Agetr-ies- PdNer CU Ruin Location 'feet) M i 111 ,r I I bu:ter 11 (S14- Ft,',' I (Sq. 'Ft.) I t i Cold I WL-m, —1 R.Parian I Non-R' 4:jAn I Cr,,4PW,' Aarsh OaFe IF= -1 03030003 0 -01 0 1 ---L 0 , Fis (lp,-ju recaiptof p;ymer, REP A-iil take responsibiijitl fcr providing the conip-asetory mitgatiun the: mitigation will bt- pe:-f�rmmd in Lw,*Tdanc., with the 14 C. D-y&rtment of and Natuml R-,somi'e,5, Eixsystorn Elihunoezmex ?fograul 1XI-lie-0 tee InstrumeriL dated hly 28, '70A 0. Thank y:)L for your irLWest irthe U, you have any qt�evlow; tit' nftd addi4cn,.kl iriforn-atiop, please c�ntacc Kelly 3: (919) 71,55-1921. S,n--.Te!y, sw.a e Klimek Aain,- DLreelor Z, X armi Higgim, NCDWQ We,!;zds/401 i Tnit, Anny Wiih4M, USACE-R.91eigh 'Vender, Q-trby, qrmt File North Catoza Ec,?sy,,;1,erij Enhan�icrt Program, 1852 Mai.'Ser�104 Can'sir, r-i-116191, WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: LILLlYrIeto 7rrzy Applicant/Owner. alt &w t 84r K Investigator(s): D V6-"Y Landform (hillslope, terrace, etc.): P4.,,- "t*-irY Subregion (LRR or MLRA): Let: Soil Map Unit Name: W 6i4A-bw.& LvpM Are climatic / hydrologic conditions on the site typical fo Are Vegetation Soil , or Hydrology Are Vegetation , Soil , or Hydrology _ City /County: fit! Sampling Date: 7 l$ /1 State: NL Sampling Point -2&0 Section, Township, Range: Local relief (concave, convex, none): C- j ch -hr Slope ( %): ff 34 057'y 7 N Long: 79, g7y2S Datum: NWI classification: r this time of year? Yes ✓ No (If no, explain in Remarks.) _ significantly disturbed? Are 'Normal Circumstances' present? Yes ✓ No_ _ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes '� No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is reauired• check all that apply) _ Surface Soil Cracks (66) _ Surface Water (Al) _ True Aquatic Plants (B14) -Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) Hydrogen Sulfide Odor (C1) _ ✓Drainage Patterns (610) _ Saturation (A3) 'Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry- Season Water Table (C2) Sediment Deposits (62) _ Recent Iron Reduction in Tilled Solis (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) _ Shallow Aquitard (D3) _ Water - Stained Leaves (B9) _ Microtopographic Relief (D4) _ Aquatic Fauna (1313) ✓FAGNeutral Test (135) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No _ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes '/ No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version 'VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: "'." 3° Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. U rn u S /3�+tTG F c/YiV k 1/0 �_ ,rcW That Are OBL, FACW, or FAC: (A) 2. 3. Total Number of Dominant g Species Across All Strata: (B) 4. 5. Percent of Dominant Species That Are OBL, FACW, or FAC: /yo 6. 7 Prevalence Index worksheet: 8 Total % Cover of Multiply by: 40 = Total Cover OBL species x 1 = Saplino /Shrub Stratum (Plot size: 30 ) FACW species x2= 1._ r-R-A wrvu1 .pE " -JY�- I j jj [sF 3v Y rite-w FAC species x 3 = 2. _(4 bm u l Ar- 6&4 c t i q 3o Y r4& W FACU species x4= 3• UPL species x5= 4• Column Totals: (A) (B) 5. Prevalence Index = B/A = 6 7. Hydrophytic Vegetation Indicators: 8 _ 1 - Rapid Test for Hydrophytic Vegetation g _ 2 - Dominance Test is >50% 10. _ 3 - Prevalence Index is!-h3.0 1 ba =Total Cover _ 4 - Morphological Adaptations' (Provide supporting Herb Stratum (Plot size: 30f ) data in Remarks or on a separate sheet) 1. tltf3u121svrri /slynu,.+ (00 Y r/�Gw+ — Problematic Hydrophylic Vegetation' (Explain) 2. LYcupu3 VI26 /nyrrtes Z�r Y DBt- 11 ' ' 3 ' Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4. Definitions of Four Vegetation Strata: 5. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or 6. 7' more in diameter at•breast height (DBH), regardless of height 8. Sapling /Shrub – Woody plants, excluding vines, less 9. than 3 in. DBH and greater than 328 ft (1 m) tall. 1 0. 1 11. Herb – All herbaceous (non - woody) plants, regardless of size, and woody plants less than 328 ft tall. 12. 8$ = Total Cover Woody vine – All woody vines greater than 3.26 ft in Woody Vine Stratum (Plot size: -70 ) height 1. �t��tt/t,r .i�FPOwrcq 3° Y ro_-- 2. 5 Y ri4 G 3. L A-w lc-S r.b Y Fi4 G 4. 5 Hydrophytic Vegetation 6. Present? Yes '/ No J AV = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont– Interim Version SOIL Sampling Point: A� .ZGp Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features inches Color (moist) % Color (moist) % 7 e Loc Texture Remarks O-Y ?Sye "XG `l0 2.5Y 51 3a f? _ Black Histic (A3) f0 Y2 s12 70 /0 Y'& Y/4 /s C _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) ?SY,e _ Stratified Layers (A5) ✓ Depleted Matrix (F3) (MLRA 136,147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) i _ Thick Dark Surface (Al2) _ Redox Depressions (FB) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, 'Type: C= Concentration, D =De letion, RM= Reduced Matrix, MS= Masked Sand Grains. 21-ocation: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Solls': _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147,148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147,148) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) ✓ Depleted Matrix (F3) (MLRA 136,147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (FB) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) _ Sandy Gleyed Matra (S4) _ Umbric Surface (F13) (MLRA 136,122) ' ' , 3Indicators of hydrophoE vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes '� No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: Z-1 L L- /rF/EL9 City /County: G 41L /"olzd Sampling Date: J -/or' -// Applicant/Owner: flt 6 H P01-117 9,4 rVW State: AsG Sampling Point: P Z 7 Investigator(s): ov- 6fzG'y Section, Township, Range: Landform (hillslope, terrace, etc.): VA411i Y Local relief (concave, convex, none): Slope N: Subregion (LRR or MLRA): Lat: 36.05777 rc1 Long: 79.99 #5q W Datum: Soil Map Unit Name: W,Fry KC t- Loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil , or Hydrology significantly disturbed? Are 'Normal Circumstances" present? Yes / No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No !s the Sampled Area Hydric Soil Present? Yes `� No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is required: check all that aoalvl _ Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (1314) = Sparsely Vegetated Concave Surface (68) _ High Water Table (A2) Hydrogen Sulfide Odor (Cl) Drainage Patterns (610) _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _ Water Marks (131) _ Presence of Reduced iron (C4) _ Dry- Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) ^! Drift Deposits (63) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (B4) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (65) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water - Stained Leaves (B9) Microtopographic Relief (D4) _ Aquatic Fauna (613) !� FAQ-Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No `✓ Depth (inches): Wetland Hydrology Present? Yes No includes capillary tinge) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version VEGETATION (Four Strata) - Use scientific names of plants. Tree Stratum Plot size: 30` ( ) % Cover y�w Species? Status 1. d.`7c1ER' -LL+CS PLIGuo,� �S �f �4cac/ 2. ULMaS 41neR 0WA $S FiFG 3. UPL species x5= 4. (A) (B) 12. 5. Woody vine Stratum (Plot size: ) = Total Cover 6. T rk 2. 1 ON r c ��t Jof-p»� a eg- 35 7. 3. 8. 5. Sapling /Shrub Stratum (Plot size: 30f q0 ) = Total Cover 1. CARVA 7ve+rEN7osR fS N C a 2. Oittrz&W Rt3A /s N tit 3. 4. 5. 6. 7. B. 9. 10. Herb Stratum (Plot size: �' ) 30 = Total Cover Sampling Point ItZ7 Dominance Test worksheet: Number of Dominant Species 6 That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: /00 (A/B) Total % Cover of Multiply by: OBL species • x 1 = FACW species x2= FAC species x 3 = FACU species x4= UPL species x5= Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is 53.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 1 1. Ly q),oar V//Z6 iry tcuS 3o GB1- _ Problematic Hydrophy6c Vegetation (Explain) 2. Rk3dS AIZ&Y1uGF fo 5-p Y �- 'tCw , , ' Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 3. M r c "S'fEG l u- U,,,,, t.v&**7 Fete l�bG 4. DuL >eNtun, �n�iaaiN9c�vrn nafinifinnc of Fnnr Vnneh4inn CFroh. 5. 6. 7. B. 9. 10. 11. 12. Woody vine Stratum (Plot size: ) = Total Cover 1. SMlc -4% /Z07&Af011- Vf-11r T rk 2. 1 ON r c ��t Jof-p»� a eg- 35 Y rAL- 3. 4. 5. 6. ?O = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at•breast height (DBH), regardless of height Sapling /Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 328 ft (1 m) tall. Herb - All herbaceous (non - woody) plants, regardless of size, and woody plants less than 328 ft tall. Woody vine - All woody vines greater than 328 ft in height Hydrophytic Vegetation Present? yes No cabwrn iwouniains ana rieamoni- interim version SOIL Sampling Point: # 2-7 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix inches Color (moist) % Redox Features Color (moist) % Tvoe Loc Texture Remarks 0_/0 to Y/? 4'// /oy $L /O Y12 S/1 80 dvY/Z b% 20 PG SG i -'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 21-ocation: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Solis: _ Histosoi (A1) _ Dark Surface (S7) _ 2 cm Muds (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147,148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147,148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matra (F2) _ Piedmont Floodplain Solis (F19) _ Stratified Layers (AS) _ Depleted Matra (F3) (MLRA 136,147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (176) _ Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (177) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (178) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (1712) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matra (S4) _ Umbric Surface (1713) (MLRA 136,122) ' 31ndicators of hydrophytic vegetation, and = Sandy Redox (S5) _ Piedmont Floodplain Soils (1719) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Sol[ Present? Yes No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: L/LL/E -riat, "7rz/W--r p City /County: 6all -Fo12'o Sampling Date: 7— /8-!,/ Applicant/Owner. HIDE -( Pomol 15o7,iV State: 'mac Sampling Point Investigator(s): oyc*13Y Section, Township, Range: Landform (hillslope, terrace, etc.): A2 ^1Nh6C WA `/ Local relief (concave, convex, none): CO-11 CAV br Slope ( %): ° S Subregion (-RR or MLRA): Let: 3 G. 056'{0 Al Long: 79. "Y/,O/ W Datum: Soil Map Unit Name: WEHADKCE L o4M NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes '/ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes --� No Are Vegetation Soli , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No within a Wetiand? Yes ✓ No Wetland Hydrology Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of one is recuired• check all that aopiv) _ Surface Soil Cracks (136) _✓ Surface Water (Al) High Water Table (A2) _ True Aquatic Plants (B14) Hydrogen = 'Sparsely Vegetated Concave Surface (138) _ Sulfide Odor (C1) _ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines C31 6) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry- Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (CB) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) _ Water - Stained Leaves (139) _ Microtopographic Relief (D4) _ Aquatic Fauna (313) _ FAQ-Neutral Test (D5) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): Water Table Present? Yes ✓ No Depth (inches): Saturation Present? Yes ✓ No Depth (inches): O Wetland Hydrology Present? Yes '� No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Semolina Point: )IF/V Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features inches Color (moist) % Color (moist) % Twe Loc Texture Remarks I I Hydric Soil Indicators: Indicators for Problematic Hydric SOils3: _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147,148) (MLRra 147,148) _ Hydrogen Sulfide (A4) Loamy Gieyed Matra (F2) _Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) V Depleted Matrix (F3) (MLRA 136,147) _ 2 Muck _ Redox Dark Surface (F6) _ Red Parent Material (TF2) pl _ Depleted Below Dark Surface (A11) low ark S rf _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) _ Sandy Gleyed Matra (S4) _ Umbric Surface (F13) (MLRA 136,122) ' ' , 3Indicators of hydrophyiic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes V/ No Remarks: US Army Corps of Engineers Eastem Mountains and Piedmont— Interim Version VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: a/�z 30" Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) %, Cover Species? Status Number of Dominant Species � 1, LIQUfr14•+ 744ve. V0 y F' #qc+ That Are OBL, FACW, or FAC: (A) 2. 1'T4¢ki�,al PEr�Nt;�LVga.r ag yo )/ 3. Total Number of Dominant 7 Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: ell (AB) 6. 7. Prevalence Index worksheet: g Total % Cover of Multiply by: = Total Cover OBL species x 1 = Saplino /Shrub Stratum (Plot size: 30 ) FACW species x2= 1. U/- M U.S /4•n $ C fro 4r , v Y A`�G� FAC species x 3 = 2• FACU species x4= 3. UPL species x5= 4• Column Totals: (A) (B) 5. 6 Prevalence Index = B/A = 7 Hydrophytic Vegetation Indicators: 6 _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% 9 10. _ 3 - Prevalence Index is 53.0' = Total Cover _ 4 - Morphological Adaptations' (Provide supporting Herb Stratum (Plot size: 3v' ) data in Remarks or on a separate sheet) 1. t Yeopas 30 Y 631 _ Problematic Hydrophytic Vegetation' (Explain) 2. fACPV 3. ' Indicators of hydric soil and wetiand hydrology must be present, unless disturbed or problematic. 4. Definitions of Four Vegetation Strata: 5. 6, Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 7' more in diameter at•breast height (DBH), regardless of height. B. 9' Sapling /Shrub — Woody plants, excluding vines, less than 3 in. DBH and greater than 326 ft (1 m) tall. 10. 11. Herb — All herbaceous (non - woody) plants, regardless of size, and woody plants less than 326 ft tali. 12. = Total Cover Woody vine — All woody vines greater than 3.26 it in Vine ne Stratum (Plot size: 3 ' 0 ) het 1. 5 rA 1,-^k P,0-ru,r0 1rb .a 35- Y -roe 2. ce--kr s l S KAb t c 6,,, g !S N g G 3. Hydrophytic Vegetation 4. 5 6• Present? Yes No = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) uo Army corps of engineers lam Eastern Mountains and Piedmont— Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site. L I LLICrtL -Lo TiL,tc7 P City /County: G(,e IL. FoZt1 Sampling Date: 7- /g -/l Applicant/Owner: 141 eK P61n/7 64IJK- State: IV Sampling Point: Investigator(s): 0I/E243 Y Section, Township, Range: Landform (hillslope, terrace, etc.): PfAtr Local relief (concave, convex, none): Co-JCA ll Slope ( %): Subregion (LRR or MLRA): Lat: 3 (*. 0558'1 N Long: 7% "'/?' ter/ Datum: Soil Map Unit Name: Vy15"t Kec LoAm NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes `/ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes '� No Is the Sampled Area Hydric Soil Present? Yes '� No within a Wetland? Yes � No Wetland Hydrology Present? Yes ✓ No HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (66) _ Surface Water (Al) _ True Aquatic Plants (B14) = Sparsely Vegetated Concave Surface (68) _ High Water Table (A2) Hydrogen Sulfide Odor (Cl) ✓ Drainage Patterns (1310) Saturation (A3) ✓ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry- Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C6) _ Drift Deposits (B3) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) V" Water - Stained Leaves (139) _ Microtopographic Relief (D4) _ Aquatic Fauna (B13) FAC- Neutral Test (D5) Field Observations: Surface Water Present? Yes No '� Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes v/ No Depth (inches): /0 Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont— Interim Version 0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point:3"�1 Absolute Dominant Indicator 3v- yo' Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status rO Number of Dominant Species 1 uLin us l4rrlFa c/,q �- �� v✓ That Are OBL, FACW, or FAC: (q) 2. cPuE2cuS Psl£GL -u,S /0 14cw- 3, 1fCe z 2 u p/Zu m � °?� Y � Total Number of Dominant Species Across All Strata: � (B) 4. L1WV(0,f rQy� SrV &,fC1e�G11A 10 fA-C* 5. /0 txcW Percent of Dominant Species That Are OBL, FACW, or FAC: % (A/B) 6. 7. Prevalence Index worksheet: 8 Total % Cover of Multiply by: 100 = Total Cover OBL species x 1 = Sapling /Shrub Stratum (Plot size: 3n ) FACW species x2= 1. 36' Y ;- G FAC species x 3 = 2. JUri life)"S V1t -61ne 1$r/ 4, 15 rAc 14 - FACU species x4= 3. u Lhy7uS 35' Y F.�y- W UPL species x 5 = 4• Column Totals: (A) (B) 5. 6 Prevalence Index = B/A = 7. Hydrophytic Vegetation Indicators: B _ 1 - Rapid Test for Hydrophytic Vegetation 9 — 2 - Dominance Test is >50% 10. _ 3 - Prevalence Index is 53.0' 8-5 — 4 - Morphological Adaptations' (Provide supporting Total Cover Herb Stratum (Plot size: 3o ) data in Remarks or on a separate sheet) 1. L y c<, PLfl V I P c 11v1 t as 25 Y 601- _ Problematic Hydrophytic Vegetation' (Explain) 2. ClL1n.yA?red 2s Y r4 6,/t 11 1 , , 3. "i 1 cn„ Sz1 c1u.� r �e1vr 11✓6ur., �_ AL 'indicators of hydric soil and wetland hydrology must _ be present, unless disturbed or problematic. 4. Definitions of Four Vegetation Strata: 5. 6, Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 7' more in diameter at breast height (DBH), regardless of height 8. 9. Sapling /Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 328 ft (1 m) tall. 10. 11. Herb - All herbaceous (non- woody) plants, regardless of size, and woody plants less than 328 ft tall. 12. l00 = Total Cover Woody vine - All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: 30' ) height �/ r 1. S -14-ey I2oJVNOI�pLrf4 20 E /%?`G 2. 1- v1v1ceaoq Fi9t- 3. 4. 5 Hydrophytic 6• Vegetation ✓ Present? Yes No Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version SOIL Sampling Point 3 - f/ Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features inches Color (moist) % Color (moist) % Twe Loc Texture Remarks loxe s/z 1719 IaYR -51& !o C' M ;Sy 517 9 5Yft 314 2s c /4 t17 la� 'Type: C= Concentration, D= Depletion RM= Reduced Matrix, MS= Masked Sand Grains ZLocation• PL =Pore Lining M= Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147,148) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Solis (F19) _ Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136,147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136,122) ' ' , 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (1719) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont— Interim Version APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: Lilliefield SubdivisionTract D State:NC County /parish/borough: Guilford City High Point Center coordinates of site (lat/long in degree decimal format): Lat 36.05747° N, Long. 79.99425° L?V. Universal Transverse Mercator: Name of nearest waterbody: Oak Hollow Lake Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Oak Hollow Lake Name of watershed or Hydrologic Unit Code (HUC): 03030003 0 Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): no Office (Desk) Determination. Date: Q Field Determination. Date(s): SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to,be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are andare „not "waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): i TNWs, including territorial seas Wetlands adjacent to TNWs i Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs R Non -RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs R Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Cj Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: linear feet: width (ft) and/or acres. Wetlands: 10 acres. c. Limits (boundaries) of jurisdiction based on, 1-98V Delineation Manual Elevation of established OHWM (if known): 2. Non - regulated waterstwetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Stream features determined non - jurisdictional based on significant break in connection to jurisdictional streams. Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e g, typically 3 months) 3 Supporting documentation is presented in Section III F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent ": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanoshave been met The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IH.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: squareMmiles Drainage area- 30 nacres Average annual rainfall: 42 inches Average annual snowfall: 6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. El Tributary flows through #j k k, i tributaries before entering TNW. Project waters are °(arless) river miles from TNW. Project waters are 1�(orkless) river miles from RPW. Project waters are 1(oi less) aerial (straight) miles from TNW. wxY� , Project waters are 1,(or less aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: UT tributary to Oak Hollow Lake. Tributary stream order, if known: Streams A &B; I` order. " Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ❑ Artificial (man- made). Explain• ❑ Manipulated (man- altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: 2 feet Average side slopes: Ueitiacal;(1:1 or less). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: relatively stable banks. Presence of run/riffle/Iool complexes. Explain: Few riffle/pool complexes. Tributary geometry: Matively straight Tributary gradient (approximate average slope): 6 % (c) Flow: Tributary provides for: intergvttent brit not seasonal flow Estimate average number of flow events in review area/year: 20 (or greater.) Describe flow regime- intermittent. Other information on duration and volume: Presence of hydric soils but no aquatic life. Surface flow is: Discrete and_,con6rie Characteristics: Subsurface flow: Unknown. Explain findings: [I Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ® the presence of litter and debris ❑ changes in the character of soil ® destruction of terrestrial vegetation ® shelving ® the presence of wrack line ❑ vegetation matted down, bent, or absent ® sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): El Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings /characteristics ❑ vegetation lines /changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water color appears clear /pools and no flow at time of evaluation.Upstream watershed largely forested. Identify specific pollutants, if known- 6 A natural or man -made discontinuity in the OHWM does not necessanly sever jurisdiction (e g, where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g, flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width)- ® Wetland fringe. Characteristics: Wetlands abut streams A and B. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ® Aquatic /wildlife diversity. Explain findings: Possible habitat for 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 1.0 acres Wetland type. Explain: Headwaters wetland. Wetland quality. Explain:Wetland serves to buffer stormwater /low wildlife habitat/low plant spp diversity. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non -TNW: Flow is- intermittent flow. Explain: Surface flow is: i)is rete.anii confined Characteristics: Subsurface flow: �nknowti. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non -TNW: ® Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain• ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are `(ar.less river miles from TNW. if (oi,s Project waters are(orless) aerial (straight) miles from TNW. Flow is from: W tland,to navigable water. Estimate approximate location of wetland as within the 100, =500 -year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: palustrine forested 90 %; palustrine emergent 10 %. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ® Ripanan buffer. Characteristics (type, average width):Predominantly mature hardwood buffer, >50'. ® Vegetation type/percent cover. Explain:Mostly mature hardwoods in wetlands, decent herbaceous cover. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately ( 1.0 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Wetland 1: Y .06 Wetland 3: Y .01 Wetland 5. N .004 Directly abuts? (Y/N) Size (in acres) Wetland 2: Y 0.02 Wetland 4: Y 048 Summarize overall biological, chemical and physical functions being performed: Flood storage/retention, limited wildlife habitat, sediment retention, water quality enhancement. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIIM: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: R' TNWs: linear feet width (ft), Or, acres. (] Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Q Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: Non -RPWs8 that flow directly or indirectly into TNWs. 0 Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): 0 Tributary waters: linear feet width (ft). ❑ Other non - wetland waters- acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands connect to downstream jd features via nonjd connections. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: 1 acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or 0 Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ❑9 which are or could be used by interstate or foreign travelers for recreational or other purposes. 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Q Interstate isolated waters Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): El Tributary waters: linear feet width (ft). Q Other non - wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). nw Waters do not meet the "Significant Nexus" standard, where such a finding is required for junsdiction. Explain: ® Other: (explain, if not covered above): Streams non jd based on lack of connectivity to other streams. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non - wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes /ponds: acres. R Other non - wetland waters: acres List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non - wetland waters (i.e., rivers, streams): 10001inear feet, 3width (ft). Q Lakes /ponds: acres. Other non - wetland waters- acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets /dehneation report. ❑ Office does not concur with data sheets /dehneation report. E3 Data sheets prepared by the Corps: Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Guilford USGS topo quad. USDA Natural Resources Conservation Service Soil Survey. Citation:NRCS USDA Soil Survey of Guilford County, NC. National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs. ® Aerial (Name & Date):Guilford County GIS. or ❑ Other (Name & Date): ]� Previous determination(s). File no. and date of response letter.USACE AID #: 200420295. Applicable /supporting case law: ❑ Applicable /supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: { USACE AID# DWQ # Site # (indicate on attached map) I M STREAM QUALITY ASSESSMENT WORKSHEET A410 Provide the following information for the stream reach under assessment: 1. Applicant's name: 2. Evaluator's name: OV EWY 3. Date of evaluation: '� / 8 '// 4. Time of evaluation: 2.3o PM 5. Name of stream: UT DIFK HOLLOW 6. River basin: CAPE F9 4X 7. Approximate drainage area: 40 ACCES 8. Stream order: 1 9. Length of reach evaluated: 'I' 300 11 10. County: GU /LfVX* 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): 4ILLJkF1A7-D Latitude (ex. 34.872312): 34-057303 Longitude (ex. - 77.556611): 79. " 47 q7 Method location determined (circle): G_4 Topo Sheet Ortho (Aerial) Photo /GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): STR6r!»1 f A ) oN A - "*Csi ED 1'M4P 14. Proposed channel work (if any): WNWyowat 15. Recent weather conditions: - WI., PRY 16. Site conditions at time of visit: H07 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters ✓Water Supply Watershed 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? ® NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: 55' % Residential -:E% Commercial _% Industrial 20 % Agricultural 40 % Forested _% Cleared / Logged _% Other ( 22. Bankfull width: 3- q` 23. Bank height (from bed to top of bank): 2 8r 24. Channel slope down center of stream: _Flat (0 to 2 0/.) ✓ Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 1/o) 25. Channel sinuosity: Straight ✓ Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 14" Comments Evaluator's Signature &Q Date 'r.11, // This channel evaluation form is iz#nded to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919 - 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET Inesecharacien cs are not assessed m coastal streams. L1111EFI&Oko `% p STV44;oyt A iZ17,:N , !, "i. K r M 5, SIR ralwom 1 W13 _141,411 6 0 ­All T-T-71-3 -, T� T, 714-3 0-1 ad- N, I "Ai ffl_2� ffi�w A OUa gCZ7Z K- -fi--W—ffiffi� FFA @ffig F M A MW I a i two affes ��� 3 - - , 7 1 , wd Z U k 7 E W "Aff 4 bl- -7 A. .......... AM �h� ��;, -+ ° •Y s �.. w�4`�'C,`+r'i+, "r,.t is IL��]?f ia��c() �p4p/ t;� <. ;`... 7•`�';r -•,.. � •.:� �. ..«,�.,;�i}�.�a(..� °'.x.:5'y_,- y`:�'`"""Xi.:'� � , ...t � ,� x,t, c j � �aw OR OAK M �Iff XI, N A n5 Oak, -1-11k 117 z-4W&g-­ijqV&- TT -9 mw FIR 777r TM P, I P ptr- Vll 74 J i5 Ow— 4 "MM Otw* 3j 0 wo 411- 1 V 013 4 22, 4 4- ln'( 4,' ;7"',775, -7-7MM !T 3 1 iARA gni 4� ov 71E fiedt I x' ..Fr -[k, Inesecharacien cs are not assessed m coastal streams. L1111EFI&Oko `% p STV44;oyt A USACE AID# DWQ # Site # (indicate on attached map) ;,a,; STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Hl GK FbIArT RANA 2. Evaluator's name: 0VEJt 17 3. Date of evaluation: 7 -18'11 4. Time of evaluation: 2 PM 5. Name of stream: U.7 OM< 110[1 -ors 6. River basin: C4PE FE49 7. Approximate drainage area: rl Aaces 8. Stream order: 9. Length of reach evaluated: 106 " 10. County:_ 6- U/Lfol¢b 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): LILUI P /Et.D Latitude (ex. 34.872312): 3G. O 5735 Longitude (ex. - 77.556611): 7 9. II AN I, / Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo /GAS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): STreCAM f $ r o�✓ *7-114 CfrEv SKETCH M*P 14. Proposed channel work (if any): Wu ltorown/ 15. Recent weather conditions: hot ORy 16. Site conditions at time of visit: "07 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters - Nutrient Sensitive Waters ✓ Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES `9 20. Does channel appear on USDA Soil Survey? YES 21. Estimated watershed land use: -12E-0/0 Residential -:E% Commercial ^% Industrial Z10% Agricultural 0 % Forested _% Cleared / Logged ^% Other ( 22. Bankfull width: 2-3' 23. Bank height (from bed to top of bank): Z 24. Channel slope down center of stream: Flat (0 to 2 %) ✓ Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: Straight _Occasional bends Frequent meander `Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): q3S Comments: Evaluator's Signature ZALI This channel evaluation form is in ded to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET i hese characTerisucs are not assessed In coastal streams. LILLIEFtEw -Tx.,v-r 15 1,7 711 V TAM, "M 1.5 JD-- M.";, 0� I&S �A Iq tt �-Jd0", tb T Ar S�, IN, gn wm , W-1 7- 'W7- "al -W 7 VET Y 7, T 77 ria� Off, 06" en, nw At X qg� � 0-71 -4 _4 P O",ti :,"v "A X w" X ate, N JOW 0, 0 -7 2, 1,% 1; IN 771+ -4—t-44- P-If i�!- 23,`- JV d OEM! ki, it I 1� Z � I'M 4r" 2�:Z- 9 1-11 el-�;,�� F� _nI TiA ww� -P 2�F- C i hese characTerisucs are not assessed In coastal streams. LILLIEFtEw -Tx.,v-r 15 NC DWO Stream Identificatinn Form Vercinn 4.11 Date: r I a. I Project/Site: 1,1 04 EFIEW Latitude: Evaluator: dveleRi County: GNiLFVZD Longitude: Total Points: Stream is at least intermittent Is Stream Determination (circle one) hemeral ntermittent Perennial Other Quad Name: if Z 19 or perennial if Z 30* 2. Sinuosity of channel along thalweg e.g. cr ur"V rD A. Geomorphology (Subtotal=--&-) Absent Weak Moderate Strong 18 Continuity of channel bed and bank 0 m 2 3 2. Sinuosity of channel along thalweg 0 1 '0.5 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 (D 2 3 5. Active /relict floodplain G 1 2 3 6. Depositional bars or benches 1 2 3 7. Recent alluvial deposits 0 1 a 3 8. Headcuts 0 FACW = 0.75; OBL =1.5 Other =0 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel a No = Yes = 3 dl unudl ulLune5 are not ratee; see eiscussions in manuai B. Hvdroloav (Subtotal = 5 12. Presence of Baseflow ® 1 2 3 13. Iron oxidizing bacteria U 1 2 3 14. Leaf litter 1.5 1 '0.5 3 15. Sediment on plants or debris 0 0.5 2 1.5 16. Organic debris lines or piles 0 0.5 Q 1.5 17. Soil -based evidence of high water table? No = 0 Yes = %_f. OlUiULIV 101JIDLOlai = 18. Fibrous roots in streambed 3 2 G 0 19. Rooted upland plants in streambed 3 2 CD 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL =1.5 Other =0 1AC `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: smoper rzA -rues wEs-r of s-nwa m A NC DWQ Stream Identification Form Version 4.11 Date: ?_ �j. Project/Site: LlL14AP04> Latitude: Evaluator: DV 6-"y County: G- UILj =oR.D Longitude: Total Points: Stream Determination (circle one) Other Stream is at least intermittent QQ if t 19 or erennial if s 30' I D •� 5 Ephemeral n ermrtt Perennial ® e.g. Quad Name: L Gu ► F�0 A. Geomorphology (Subtotal= Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 0 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 0.5 2 3 5. Active /relict floodplain a 1 2 3 6. Depositional bars or benches 0 ® 2 3 7. Recent alluvial deposits 0 0.5 2 3 8. Headcuts 0 FACW fO.5 - 0.5 OBL = 1.5 Other = 0 2 3 9. Grade control 0 Notes: 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel No Yes = 3 - arnnaai oncnes are not rated; see discussions in manual B. Hvdrologv (Subtotal = 5.5 1 12. Presence of Baseflow 3 1 2 3 13. Iron oxidizing bacteria 3 1 2 3 14. Leaf litter 1.5 1 '0.5 0 15. Sediment on plants or debris 0 cTii 1 1.5 16. Organic debris lines or piles 0 1 0.5 0 1.5 17. Soil -based evidence of high water table? No = 0 Yes 3 U. B1010av (Subtotal = 4.75 1 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 3 1 0 20. Macrobenthos (note diversity and abundance) (Q 1 2 3 21. Aquatic Mollusks ® 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW fO.5 - 0.5 OBL = 1.5 Other = 0 .perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NM-04 EKD Cif SIRE~ A NC DWO Stream Identification Form Version 4.11 Date: q- l g _ I' Project/Site: LI LLlfs (EI-A Latitude: Evaluator: OvETSY County: CrUill-Foor Longitude: Total Points: Stream Determination (circle one) Other Stream rptleastintermittent 23•"%S if Z 79 or perennial if Z 30 Ephemeral n ermi a Perennial e.g. Quad Name: 6:QI1,Fepp A. Geomorphology ( (Subtotal= 1*3 Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 ® 3 2. Sinuosity of channel along thalweg 0 1 '0.5 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 (� 2 3 4. Particle size of stream substrate 0 1 ® 3 5. Active /relict floodplain ® 1 2 3 6. Depositional bars or benches 0 ® 2 3 7. Recent alluvial deposits 0 1 ® 3 8. Headcuts 0 1 ® 3 9. Grade control 0 1.5 1 1.5 10. Natural valley 0 0.5 ® 1.5 11. Second or greater order channel No 0 Yes = 3 ° artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = &Jr ) 12. Presence of Baseflow ® 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 6 '0.5 0 15. Sediment on plants or debris 0 0.5 m 1.5 16. Organic debris lines or piles 0 0.5 1 22. Fish 17. Soil -based evidence of high water table? No = 0 Yes G. 1310100V (Subtotal = 3.75 ) 18. Fibrous roots in streambed 3 0 1 0 19. Rooted upland plants in streambed 3 2 m 0 20. Macrobenthos (note diversity and abundance) ® 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish ® 0.5 1 1.5 23. Crayfish ® 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = .7 OBL = 1.5 Other = 0 .perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 5 -C2G -r9 n. A. o F co tu rL u to NC DWQ Stream Identification Form Version 4.11 Date: rl- it -it Project/Site: LlLUER Ld Latitude: Evaluator: County: Crq ILFD Longitude: Total Points: Stream Determination (circle one) Other Stream is at least intermittent if z 19 or perennial if z 30' 23. Ephemeral ntermi en Perennial e.g. Quad Name: Gu /LFroR� A. Geomorphology Subtotal Absent Weak Moderate Strong 1 a Continuity of channel bed and bank 0 1 C 3 2. Sinuosity of channel along thalweg 0 1 2 0 3. In- channel structure: ex. riffle-pool, step -pool, ripple-pool sequence 0 © 2 3 4. Particle size of stream substrate 0 1 2 1.5 5. Active /relict floodplain Q3 1 2 3 6. Depositional bars or benches a 1 2 3 7. Recent alluvial deposits 0 1 ® 3 8. Headcuts 0 © 2 3 9. Grade control 0 0.5 (3) 1.5 10. Natural valley 1 0 0.5 1.5 11. Second or greater order channel I No 0 Yes = 3 ° artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = (e.5 ) 12. Presence of Baseflow ® 1 2 3 13. Iron oxidizing bacteria Q 1 2 3 14. Leaf litter 1.5 1 '0.5 0 15. Sediment on plants or debris 0 0.5 2 1.5 16. Organic debris lines or piles 1 0 0.5 1 1.5 17. Soil -based evidence of high water table? I No = 0 Yes 3 G. 1:310loav (Subtotal = 2.75 ) 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 m 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks ® 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish ( j0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae ® 0.5 1 1.5 26. Wetland plants in streambed FACW = OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: U.S. ARMY CORPS OF ENGINEERSN .M WILMINGTON DISTRICT..:4,,..# Action I.D. SAW - 2008 -01215 County: Guilford USGS Quad: Guilford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Faith Properties, Attn: Ken Lindholm Address: 10410 -50OG Park Road Charlotte, North Carolina 28210 Telephone No.: 704 -564 -2672 Size and location of property (water body, road namelnumber, town, etc.): Approximately 270 acres; The site is located immediately northwest of the Willard Dairy Road, Barrow Road intersection in High Point, Guilford County. North Carolina and is identified as Pkdmont Crossing a Planned Unit Development (PUD) that includes residential, retail, office and industrial phases Description of projects area and activity: This authorization supersedes SAW-2008-01215, issued on September 29 2008 and is for the temporary discharge Qf clean fill material within 20 linear feet of a perennial stream channel (site T2) and within 0.031 acre of adtacent wetland fsite T31 for the installation of a sewerline. This authorization also serves as a modification to USACE action ID SAW - 2004 - 20295. This Authorizes 81 linear feet of impacts at site S -1 and 67 linear feet of impacts at site S-2. Previously, SAW -2004 -20295 authorized Seventy four (74) linear feet of impacts to site S-1 and seventy -five (75) linear feet of impacts to site S-2 Total permanent stream impacts at the site total 148 linear feet. As a result, no compensatorVnj ti ation wig be required. The proiect must be conducted in accordance with the application and drawings submitted on March 06 2008 except for plan sheets I of 5, 5 of 5, and additional mforination, which was submitted on- September 22, 2008 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: 29 Your work is authorized by the above referenced Per. it provided it i.s acco plisl,ed 4 trio acc daucc 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. 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. Ygu ` 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 (CAMA), 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 local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 919 - 554 -4884 extension 26. Corps Regulatory Official ZA?!2110 /t,, o Date: December 4.2008 Expiration Date of Verification: December 4, 2010 Page 1 of 3 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 hM://regulgm.usacemMM.com/ to 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. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). 3 ❑ There are Navigable Waters of the United States within the above described project area 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. ❑ There are waters of the US and/or wetlands within 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 a -;ceed 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 July 22, 2005. Action ID 200420295 Basis of Jurisdictional Determination: The streams are relatively ermanent waters Ws and are unnamed tributaries to an nnnomari +,41—i— /nn IDDVKA Tl.l.. - - . ..... _. _ - -- -- --. of the West Fork of the Deep River. High Point Lake flows to the Dee rrRiver, a traditionally navigable water (TNW) which is a tributary to the Cane Fear Raver, a navigable water of the United States The Ordinary High Water Marks (OHWMs) of the unnamed tributaries were indicated by the followme ph sical characteristics, clear natural line impressed on the banks shelving, changes in the character of the soil, and the destruction of terrestrial vegetation. The wetlands are contiguQus with one of the unnamed tributaries and meet the hvdrophytic vegetation, wetland hvdroloey, and hvdric soil criteria of the 1987 Corps of En2beers Wetland Delineation Manual This Jurisdictional determination is only for the waters /wetlands prOnOSed fOr impacts asSOCJated with this l�atiOIIwide Permit and does not include any other waters /wetlands that may be located on the property. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal WA) form. If you request to appeal this determination you must submit a completed RYA form to the following address: District Engineer, Wilmington Regulatory Division Attu: Andrew Williams, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 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 moist be received at the above address by February 2, 2009. , * *It is not necessary to submit an RFA form too the District Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: X �011.C« J Date December 4, 2008 Page 2 of 3 Expiration Date December 4, 2013 Summary of Authnri7ed T,mnarfe and Vann% -&A M,+;na+Fnw Action ID # NWP / GP # Open Water ac Wetland (ac U ' ortant Steam Important Stream 1 Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent, SAW -2008- 01215 NWP 29 0.031 20 148 Impact Totals 0 0 0.031 0 0 0 20 148 Total Loss of Waters of the U.S. ac Total Loss of Waters of the U.S. 148 Required Wetland Mitigation (ac) 10 J Re#red Stream Mitigation Gl 0 Additional Remarks and/or Special Permit Conditions: Special Permit Conditions: 1. The project includes one (1) pre -cast concrete bridge that does not require the discharge of dredged or fill material into a water of the United States. If this stricture is replaced and requires the discharge of dredged or fill material into a water of the United States, compensatory mitigation for the impacts will be assessed at a 1:1 ratio. Remarks: Impacts to waters of the United States for this project (SAW- 2008 - 012157 and all other proposed impacts to waters of the United States within and associated with the Piedmont Crossing, including two (2) additional projects, SAW-2004-20295 (Piedmont Crossing) and SAW-2005-21021 (Walnut Creek) are a single and complete project as defined in the Code of Federal Regulations (CFR) at 33 CFR 330.2(1). The use of more than one Nationwide Permit (NWP) for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs`does not exceed the acreage limit of the NWP with the highest specific acreage limit. Based on the information that has been submitted to date, impacts to waters of the United States for the three (3) projects listed above, do not exceed the threshold limits of the applicable NWP& The threshold limits of the applicable NWPs are 0.5 acre Ioss of waters of the United States, including 300 linear feet of stream channels with important aquatic function. —1 if either of these threshold limits is exceeded within the boundary of Piedmont Crossing (including but not limited to, the three (3) projects listed above) then this NWP verification is not applicable to your project. The plans submitted on March 6, 2008 indicate that impacts at site S-1 is 88 linear feet. However, based on information provided by the applicant on October 30, 2008, indicate that the total length was reduced to 81 linear feet. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PRO3ECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston - Salem, NC 27107 Don Franklin City of High Point P.O. Box 230 211 South Hamilton Street High Point, North Carolina 27261 Wendell Overby Soil and Environmental Consultants, PA 248 LePhillip Court Concord, North Carolina 28025 Page 3 of 3 � wR rF Michael F. Easley, Go-emor yWilliam G. Ross Jr., Secretary f_ North Carolina Department of Environment and Natural Resources `K Coleen H. Sullins, Director Division of Water Quality November 26, 2008 DWQ# 05 -1881 ver 3 Guilford County Mr. Ken Lindholm Faith Properties 10410 -500G Park Road Charlotte, NC 28210 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Lindholm: You have our approval, in accordance with the attached conditions, to place permanent fill in a total of 148 linear feat of stream and 0.09 acres of wetlands and to place temporary fill in 30 linear feet of stream and 0.031 acres of wetlands in order to construct the Piedmont Crossing/Lilliefield Subdivision and associated amenities in High Point, NC in Guilford County, as described in your original approval from the Division of Water Quality (Division) dated October 19, 2005 , the modification application received by the Division on June 2, 2008, additional information received June 27, 2008, 2008, the modified application received by the Division on September 29, 2008 and additional information received November 21, 2008 and November 25, 2008. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3699 and 3705, which can be viewed on our web site at hqp:// www .ncwateAualit�org/weliands.html. These Certifications allow you to use Nationwide Permit Numbers 12 and 39 when they are issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non- Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as Well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Stream Identifier Stream Impact length S -1 Unnamed tributary to Oak Hollow Lake 81 linear feet ermanent impact S -2 Unnamed tributary to Oak Hollow Lake 67 linear feet permanent impact T -1 Unnamed tribu tary to Oak Hollow Lake 15 linear feet permanent impact T -2 (relocated from original approval) Unnamed tributary to Oak Hollow Lake 15 linear feet temporary emp rary impact Total 148 linear feet permanent impact 30 linear feet tern or y impAM natural North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771 -5000 Customer Service Winston -Salem Regional Office Winston- Salem, NC 27107 Fax (336) 771 -4630 1 -877- 623.6748 Internet: www.newateroualitv.om An Equal OpportundylAffirmative Acton Employer— 50% Recycled/10% Post Consumer Paper Mr. Ken Lindholm November 26, 2008 DWQ # 05 -1881 ver. 3 Page 2 Wetland Identifier Impact a Impact area W -1 Permanent Fill 0.016 acres W -2 Permanent Fill 0.006 acres W -3 Permanent Fill 0.008 acres W4 Permanent Fill 0.05 acres W -5 Permanent Fill 0.01 acres T -3 Temporary Fill 0.031 acres Total 0.09 acres permanent impact 0.031 acres temporary impact 2. The Randleman Lake Water Supply Watershed Protection Rules (15A NCAC 02B .0250) allows for a construction corridor through Zone 2 of the riparian area provided there is no practical alternative. In addition, the rules allow for a permanent maintained access corridor not to exceed 10 feet in width except at manhole locations. During a site visit on .Tune 25, 2008 it was noted that the sewer lines previously constructed do not currently meet this regulation. The Permittee shall ensure compliance with this regulation on all existing and future areas within the development. 3. Please note Condition No. 20 in the attached GC No. 3699 allowing not more than a 15 -foot wide permanent access road at stream crossings and through all wetlands. 4. Please note Condition No. 6 in the attached GC No. 3705 requiring all work to be conducted in a dry work area. The outside buffer, wetland or water' boundary located within any construction corridor approved by this certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 6. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement) approved by the Division on November 25, 2007, must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston -Salem Regional Office of the NCDWQ at the address listed on the form. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. iwr. r�,e11 unonoim -November 26, 2008 DWQ # 05 -1881 ver. 3 Page 3 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Sue Homewood in the DWQ Winston -Salem Regional Office at 336- 7714964 or at sue.homewood@ncmail .net. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Wendell Overby, S &EC, 248 LePhillip Ct, Concord, NC 2802 DWQ Winston -Salem Regional Office DWQ Central Files DWQ Wetlands/401 U.S. ARMY CORPS OF ENGINEERS �y WILMINGTON DISTRICT Action 1D. SAW - 2008 -01215 County: Guilford USGS Quad: Guilford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Faith Properties, Attn: Ken Lindholm Address: 10410 -50OG Park Road Charlotte, North Carolina 28210 Telephone No.: 704 - 564 -2672 Size and location of property (water body, road name /number, town, etc.): Approximately 270 acres-, The site is located immediately northwest of the Willard Dairy Road, Barrow Road intersection in High Point. Guilford County. North Carolina and is identified as Piedmont Cros_sne a Planned Unit Development (PUD) that includes residential. retail, office and industrial phases. Description of projects area and activity: This authorization is for the temporary discharge of clean fill material within 20 linear feet of a perennial stream channel and within 0.031 acre of a_diacent wetland for the installation of a sewerline. This is also authorization for 14 linear feet of additional impacts (after - the -fact) associated with a road crossing identified as site S-1. Seventy -four (74) linear feet of impacts to site S-1 were previously permitted under USAGE action ID SAW- 2004 - 20295. The total permitted stream impacts under SAW - 2004 -20295 were 149 linear feet. Including the additional 14 linear feet of impacts authorized by this action (SAW- 2008 - 01215), the total submitted on March 06, 2008 except for elan sheets 1 of 5 5 of 5 the impact map for a crossint identified as S73 and additional informiation, which were submitted on September 22, 2008. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) El Section 10 (Rivers and Harbors Act 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 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. 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 (Le., 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 (CAMA), prior to beginning work ydii 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 local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 919 -554 -4884 extension 26. Corps Regulatory Official �� �� Date: September 29 2008 Page 1 of 4 Summary of Authorized Tunr►arfc aril Ppn-mrad M,+in *+:nn e`t_.. Action ID # NWP / GP # Open Water ac Wetland ac Unimpo rtant Steam r•:- Important Stream Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent SAW -2008- 01215 NWP 29 0.031 20 14 Impact Totals 0 0 0.031 1 0 0 0 20 14 Total Loss of Waters of the U.S. ac Total Loss of Waters of the U.S. 0 14 RequiredWetlandMitigation ac 10 Required Stream Mitigation Q 114 In-Lieu/EEP Additional Remarks and/or Special Permit Conditions: `Special Permit Conditions: 1. In order to compensate for impacts to 163 linear feet of stream channel, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 163 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 permittee 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 MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4,1998. 2. The project includes one (1) con -span bridge that does not require the discharge of dredged or fill material into a 'water of the United States. If this structure is replaced and requires the discharge of dredged or fill material into a water of the United States, compensatory mitigation for the impacts will be assessed at a 1:1 ratio. Remarks: Impacts to waters of the United States for this project (SAW - 2008-01215) and all other proposed impacts to waters of the United States within and associated with the Piedmont Crossing, including two (2) additional projects, SAW - 2004-20295 (Piedmont Crossing) and SAW-2005-21021 (Walnut Creek) are a single and complete proj ect as defined in the Code of Federal Regulations (CFR) at 33 CFR 330.20. The use of more than one Nationwide Permit (NWP) for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specific acreage limit. Based on the information that has been submitted to date, impacts to waters of the United States for the three (3) projects listed above, do not exceed the threshold limits of the applicable NWPs. The threshold limits of the applicable NWPs are 0.5 acre loss of waters of the United States, including 300 linear feet of stream channels with important aquatic function. Therefore, if either of these threshold limits is exceeded within the boundary of Piedmont Crossing (including but not limited to, the three (3) projects listed above) then this NWP verification is not applicable to your project. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLA. NS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston - Salem, NC 27107 Page 3 of 4 a i , of WArF�4 `0� OG i „ i Mr. Ken Lindholm Faith Properties 10410 -50OG Park Road , Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources (OPIV f Charlotte, NC 28210 j APPROVAL of 401 Water Quality Certification with Additional Conditions I Dear Mr. Lindholm: Coleen H. Sullins, Director Division of Water Quality July 9, 2008 DWQ# 05 -1881 ver 2 Guilford County You have our approval, in accordance with the attached conditions, to place permanent fill in a total of 291 linear feet of stream and 0.09 acres of wetlands and to place;temporary fill in 35 linear feet of stream and 0.031 acres of wetlands in order to construct the Piedmont Crossing/Lillie field Subdivision and associated amenities in High Point, NC in Guilford County, as described in your original approval from the Division of Water Quality (Division) dated October 19, 2005, the modification application received by the Division on June 2, 2008 and additional information received Tune 27, '2008, 2008. After reviewing your application,! we have determined that this fill is covered by General Water Quality Certification Numbers 3699 j Viand 37,05, which can be viewed on our web site at hrip: / /www.ncwaterquality .ors /wetlands.html. These Certifications allow you to use Nationwide Permit Numbers 12 and 39 when they are issued by the'TJIS. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before,' you proceed with your •project, including (but not limited to) those required by Sediment and Erosion Control, Non bischarge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 pernuts expire unless otherwise specified in the General Certification. This approval is valid only for the purpose and Aesign that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsnble for complying with all conditions: if total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals jqr exceeds 150 linear feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .05061 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, has well asp the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other' impacts, including incidental impacts, are approved: Stream Identifier Stream' 'I Im act length S -1 Unnamed tribu to Oak Hollow Lake 74 linear feet permanent impact S -2 Unnamed tribu * to Oak Hollow Lake 75 linear feet permanent impact 67 S -3 Unnamed tribut • ' to Oak Hollow Lake 142 linear feet permanent impact T -1 Unnamed tributaiy to Oak Hollow Lake 15 linear feet permanent impact T -2 (relocated from original approval) Unnamed tributary to Oak Hollow Lake, 20 linear feet temporary impact Total ; ; 291 linear feet permanent impact 35 linear feet tem ora lint North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771 -5000 Customer Service Winston -Salem Regional Office Winston; Salem, NC 27107 Fax (336) 7714630 1- 877 - 623 -6748 Intemet: www.ncwg=uality.org i ; i Mr. Ken Lindholm July 9, 2008 DWQ # 05 -1881 ver. 2 Page 2 Wetland Identifier Im acCT a Impact area W -1 Permanent Fill 0.016 ;acres W -2 Permanent Fill 0.006 acres W -3 Permanent Fill 0.008 acres W -4 Permanent Fill 0.05 acres W -5 Permanent Fill 0.01 acres T -3 Temporary Fill 0.031 'acres Total 0.09 acres permanent impact 0.031 acres temporary impact 2. The Randleman Lake Watery Supply Watershed Protection Rules (151 NCAC 02B .0250) allows for a construction corridor through Zone 2 of the riparian area provided there is no practical alternative. In addition, the rules allow for a! permanent maintained access corridor not to exceed 10 feet in width except at manhole locations. During a site visit on June 25, 2008 it was noted that the sew �r lines previously constructed do not currently meet this regulation. The PermiEttee shall ensure compliance with this regulation on all existing and future areas within the developmr nt. i 3. Please note Condition No. 20 "in the attached GC No. 3699 allowing not more than a 15 -fat wide permanent access road at stream crossings and through all wetlands. 4. Please note Condition No. 6 in the attached GC No. 3705 requiring !all work to be conducted in a dry work area. i 5. The outside buffer, wetland or water boundary located within, the construction corridor certification shall be clearly marked by highly visible fencing prior to any land disturbing ac areas within the fencing are prohibited unless otherwise authorized by this certification. i 6. The final, written stormwater management plans (including a signed and notarized Operatio: Agreement) approved by the Division on November 25, 2008, must be implemented a management facilities shall be constructed and operational before any permanent building subject site. The structural stormwater practices as approved by this Office as well as drainal maintained in perpetuity. No changes to the structural stormwater practices shall be may authorization from the Division of Water Quality. 7. Upon finishing the project, the Applicant shall fill out and re - 4rn the enclosed "Certifica to notify NCDWQ when all work included in the §401 Certification has been complete( should be returned to the Winston -Salem Regional Office of the NCDWQ at the address I If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearin must act within 60 days of the date that you receive this letter. To ask for' a hearingl. send a written Ix which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrai Mail Service Center, Raleigh, N.C. 27699 - 6714.; This certification and its conditions are final and ask for a hearing. approved by this vities. Impacts to and Maintenance the stormwater occupied at the patterns must be without written of Completion" This certificate ed on the form. You ve Hearings, 6714 )inding unless you Mr. Ken Lindholm July 9, 2008 ; DWQ # 05 -1881 ver. 2 Page 3 7 :i This letter completes the review of the Divisi' n of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact:Sue Homewood in the DWQ Winston -Salem Regional Office at 336- 7714964 or at sue.homewood@ncmail.neL Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Wendell Overby, S &EC, 248 L�' Phillip , Concord, NC 28025 DWQ Winston -Salem Regionai Office DWQ Central Files DWQ Wetlands /401 •I & E N I NO I N, ffi* OR Mr. 13 of A 1114111.1 Action ID. 200420295 County: Guilford USGS Quad: Mangum Property Owner / Authorized Agent. Mr. Ken Lindholm Address: Faith Properties 10410-50OG Park Road Charlotte, NC 28210 Telephone No.: 704!564.!2672 Size and location of property (water body, road name/number, town, etc.): Theprolect site is located northwest of Barrow Rog d. and southwest of Clinard Farin Road, Near High point, in Guilford Count NC Description of projects area and activity: This Permit authorizes the ogmanent impact of 149 linear feet of $trmm associated with a road crossing. This pgrmitalso authorizes the fill of .09 acres of wetlands associated with a subdivision. 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- 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 is valid until the NW? is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent -upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contact to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NVYT to co*lete the activity under the present terms and conditions of this nation-Aide permit. 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 new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NIC Division of Water Quality (telepbone (919) 733-17W to determine Section 401 requirements, For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), 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 local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Thomas Brown 91914§76- 441 x22. Corps Regulatory Official Thomas Bmen-�4� Date: November 2 2005 Expiration Date of Verification: March 18. 2007 CERTIFIED MAIL: 7003 3110 0003 6489 8186 Return Receipt Requested Mr. Ken Lindholm Faith Properties 10410-50OG Park Road Chzlotte,'.1s'C 28210 Mxhael F. Easley, Govemor 'Xifflarn G. Ross Jr, Secretary Nodh Carr,11ma Deparrneni of EnviTonment and Nato. -al Resou mcs I APPROV-U of 401 Water Quality Certification with Additional Conditions Dear Mr. Lindholm: Alan W Klimek, P.E. Director Division of,h1ateT Qualiti October 19, 2005 DWQ11#1 05-1881 Guilford County Faith Properties has our approval, in accordance with the attached conditions, to place permanent fill in 149 linear feet of perennial stream and to place temporary fill in 30 linear feet of perennial stream and 0.09 acre of wetlands in order to construct a road crossing; and install a sanitary sewer line for the Piedmont Crossing (also known as Lilliefield Subdivision) single-family and niulti-family residential subdivision located on Barrow Road, in High Point, Guilford County, as described in your application received by the Division of Water Quality (D Q) on October 10, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers ' 3374 and 3402, which can be viewed on our web site at hnp://h2o.enr.state.nc.us/newetlands. These Certifications allow you to use Nationwide Permit Numbers 12 and 39 respectively when they are issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certifications. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of these Certifications and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached Certifications, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of these Certifications are met. No other impacts, including incidental impacts, are approved-. 'Oft No arolina North Carolina Division of *%Vater Quality Wetlands CL—ificautin Unit 16-0l'lall service- Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX Q919) 733-2496 2321 Crabtree Blvd. Raieigh,,NC 276041-2260 Internet hftL/•h2o,enr state nc usfiiawetlands Customer Se, vice Number, 1 -8"" 623 -6748 An EqLat 0ppcTWndyiAl1iimathfe Acton Eriiplvtat - 50%, Re-aic!ed/10% Post Consumer Paper Mr. Ken Lindholm Page 2, DWQ# 05-1881 October 19, 2005 -Amount A pproved 1 Plan Location or Reference i Streams 179 linear feet t Unnamed tributaries to Oak Hollow Lake located near Barrow Road in High Point, Guilford County. Reference: "Overall Watershed Delineation Map for Lilliefteld Subdivision". Headwater wetlands located near Barrow Road in High Point, "ATetlands 0.09 acre Guilford County. Reference: "Overall Watershed Delineation M4 g for Lilliefield Subdivision". 2. A final, written stormwater management plan must be approved in writing by this Office before the impacts specified in this authorization occur, per condition No. 4 in General Certification 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class WS-1V and designed to remove, at a minimum, 85% Total Suspended Solids according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater managernent plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office, as well as drainage patterns, must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. This stormwater management plan must be submitted to the Central Office of the Wetlands1401 Certification Unit in Raleigh within 60 days of receiving this letter. 3. The proposed project must comply with the local water supply ordinance approved by the N.C. Environmental Management Commission (EMC) as required under the Randleman Lake Water Supply g Watershed Rule (Randleman Buffer Rule): 15A NCAC 02B .0250, Protection and Maintenance of Riparian Areas, and I SA NCAC 02B .025 1, Stormwater Requirements. (Local Governments include Archdale, Greensboro, High Point, Randleman, Jamestown, Randolph County and Guilford County.) 4. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the Morth Carolina Surface Mining Manual (available ftont the Division of Land Resources at NCDENIR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class WS-IV waters as described in 154 NCA C 02B .0216 Fresh Surface Tfater Quality Standards, For Class WS-1V Waters. Such measures must equal or exceed the requirements specified in the most recent version of the Arorth Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including, contractor owned and leased borrow pits, which are associated with this project. 5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, Mr. Ken Lindholm Page 3, DWQ4 05 -1881 October 19, 2005' they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the `north Carolina Division of Land Resources. 6, No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 7. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by awridening of the streambe&). Existing stream dimensions (including, the pattern and profile) are to be maintained above and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. if the culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g.. use of cross vanes downstream of the culvert). 8. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization* of the streambed or banks upstream or downstream. 9. --kll construction activities associated with this project shall minimize built-upon surface area. direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. If anv stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. M Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been finished. This certificate should be sent to the 4015Vetlands Unit of the INC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion form, please send photographs upstream and downstream of the culvert site and utility line crossing to document correct installation. If you do not accept any of the conditions of this certification. you ma y ask for an adjudicatory hearing. g. You must act within 60 days of the date that you receive this letter. 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,'NI.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Mr. Ken Lindholm Page 4, DWQ# 05 -1881 October 19, 2005 This letter completes the revMv of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771 - 4600, 4600, extension 293, or Ian McMillan in the Wetlands!401 Central Office in Raleigh at 919 - 715 -4631. 1. AIA7K/edl Attachments cc: Mr. Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Wendell Overby, Soil &Environmental Consultants, PA, 236 LePhillip Court, Suite C, Concord, NC 28025 DEC.1612005 09:49 919 876 5823 USAGE RAL REG U.S. ARM CORPS OF ENGINEERS WILMNGTON 1)I,STRICT #4898 P.002/003 f.'k- FILE COPY Action lD. 20052 County: Gudlfor UWS Quad: oin CEMPAL PERMIT (MGION.AL .AND NAI'IONWME) VERMCAMN Property Owner I Authorized Agents r&. &MM Gueridex Address: Parker & Orlesn4womebder_s 72o west Ma;n street Jamestown, INC 27282 Telephone No.: 336-45"334 Size and location of property (water body, mad A m te%aber, town, eW.): The ornieg site is located on t, be westside of Barrow Road. south, of xtv lat SectiAa with WMard 10a>lxy Road, in High Point, QuAbrd Co,anty. North Carolina. Description of projects area and activity: Knear feet of steam cl snnel for one road crossiuttt=. Ternnorary imvncts include 15 binesm eat of Mgam ebwMel fAr uttilitycrossalas. Applicable lAw: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Ravers and End=s Act, 33 USC 403) Authorization: RgOonal Geo exal Pe=it Number: NahonvMe Permit ATuomb w 92 Your work is authorized by the above xefemeed permit provided it is accomp:> ked in strict accordance with the attached Nationwide and Special conditions, the attached North Carohn WildM Resources Commission covdfion� axxl your submdued plans. Anp violation of the attached collations or deviation from your subuntted plans may subject the pemiittee to a stop work order, a restoration order and/or appropriate legal acd*m Finis vezi = ion will re=Mim valid until the expiration date ideutified below twless the nationwide auflimizatiou is modiixed, FuspwAA or revoked. If, prior to the expiration data identified below, the nationwide parrot auth orization is reissued and/or modified, this vexific ation will remain valid until the eacphation'date identified below, pwovided it complies with alt requir ments of the moMed =di=wide permit If the nationwide peEadt authorization expires or is suspended, revoked, ox is modified, such that the activity would ua longer qty with the terms and conditiora of the z atxonwide permit, activities which have c cz—= euced (ie., are under constrocti(m) ox are wader coat mct to comoo =ce in reliance upon the nationwide pexxo 4 will remain authorized provided the activity is completed widdn twelve months of the date of the nationwide pemtifs t:xpiirUUM mDftcation or nwcatios4 unless discretioxraxy au6crity bas been exercised on a case-by-cm basis to modify, suspend or revoke the aiathO I' tt4 & Activities subject to Section 404 (as bAcatcd above) may also require an imdividu:el Section 401 Water Quality Certificatxom You sboald contact the NC Division of Water Quality (teleph=c (919) 733 -1786) to detemaiue Section 401 requirements. For activities occurring within the twenty coastal couaatxes subject to regulation under the Coastal Amu Management .Act (CA.MA), prior to bagiu=g work you must contact the N,C. Divisxom of Coastal Mana8cmm t . Tfb Depaxtm ut of the .,Army verification does not relieve the V% mor i tt e c of the responsibility to obtda aril+ other xequired Federal, State or local vpprovals*uaits. if &= are any questions regarding this verification, any ofthe conditions ofthe Permit, or the Corps of Eugneers regulatory program, please contact Audre:a Wade at 919 - 876 -8441 x30.