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HomeMy WebLinkAbout20120965 Ver 1_401 Application_20121012C-0 P_( October 8, 2012 W. Corey Basinger North Carolina Division of Water Quality Winston Salem Regional Office 585 Waughtown St. Winston - Salem, NC 27107 Dear Mr. Basiger: �f�Gk fo PcAJ 200120965 rinumViv i LAND CONSERVANCY This letter is to confirm that we have sent the package of five copies of the Preconstruction Notification Form to the address listed for DWQ in Raleigh. We have also sent a copy to Andy Williams of the US Army Corps of Engineers. We hope that this meets with your approval and we can continue on the path to correcting this violation as soon as possible. Sincerely, �1 Kevin Redding Executive Director Piedmont Land Conservancy (,C•RE D/r Q �O. A � 2 � O ^AFC�gNDON ROMM`yN PO BOX 4025 • G RE ENSBORO, NORTH CAROLINA 27404 -4025 • 336 6910088 • FAX 336 691 0044 • www.yiedmontland.org ' -ot W ATFgpG S r d < Pre - Construction Notification (PCN) Form Instructions The PCN form is required for applicants seeking the following approvals: Corps 404 or Section 10 Permit, or DWQ 401 Certification, Buffer Authorization, Isolated /non -404 Wetlands Permit. PURPOSE: The PCN — Pre - Construction Notification form helps regulators from the state and federal agencies in North Carolina better understand and evaluate the impacts of activities that you propose to do in or around streams, wetlands, or other waters that may affect water quality, the health of the aquatic ecosystem, or water access or flow, in the immediate or nearby drainage area. The PCN is a combined effort by the US Army Corps of Engineers (USACE- known as the "Corps ") and the NC Division of Water Quality (DWQ) to coordinate regulatory requirements for work in (or affecting) wetlands, streams, riparian buffers, and waters within North Carolina. By accurately completing the PCN form, we can determine if you meet requirements to proceed with your project as proposed. We can evaluate the measures you propose to take to avoid or mitigate for any damage to the environment. Our review of your completed form will provide us with necessary information about your project to determine if we can allow you to begin your project without the time, expense or uncertainty involved in going through a major permit process. Many Corps Nationwide permits and some general permits require the applicant to complete and submit a PCN form before starting any work in an area that may impact streams, wetlands or other waters. Activities that require a NC General Water Quality Certification, a stormwater permit, or a buffer permit within protected watersheds, use the PCN form. The responsible state or federal agencies will review your application for completeness within 30 days of receipt. We will notify you if we need additional information to process your request. You may not begin work until your application is complete Once your application is complete, the Corps will process it within 45 days for a Nationwide or General Permit, and the NC DWQ will process your 401 Certification within 60 days. Note: Do not use the PCN form if you are requesting a Corps Individual Permit or NC DWQ Individual Water Quality Certification. The Corps Individual Permit application form is available online at www.saw.usace.army.mil /wetlands /Permits.html. INFORMATION WE NEED TO KNOW We need to know details about who you are, where you propose to work, what you will be doing, and how you will compensate for impacts to streams, wetlands or other waters as a result of your work. All information is required unless otherwise stated as optional. Incomplete applications cannot be accepted for review and will be returned to the applicant. You can obtain help in completing each question on the form through the instructions in this document. FEES: DWQ Water Quality Certifications - North Carolina requires fees for processing water quality certifications and buffer permits. The required fees are as follows: Major water quality applications: Greater than or equal to $570.00 one acre of wetlands /waters AND /OR Greater than or equal Ito 150 feet of streams (whether intermittent or perennial) Minor water quality applications: Less than one acre of � __$240.00 wetlands /waters AND Less than 150 feet of streams (whether intermittent or perennial) Checks should be made out to the' "NC -Divisionof Water QualityY, with the specific name of the project or applicant identified on the check. Please staple--your check to- the - front -of the- application package. Version 1.2 PCN Help File Page 1 of 26 12/29/2008 A � IF-A NC®EPIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 4, 2012 CERTIFIED MAIL 7011 1570 00018545 8555 RETURN RECEIPT REQUESTED Mr. Kevin Redding Piedmont Land Conservancy PO Box 4025 Greensboro, NC 27404 Subject: NOTICE OF VIOLATION Failure to Secure a 401 Water Quality Certification NOV- 2012 -OP -0015 Parcel Number 0147786 Guilford oun Dear Mr. Redding: On September 24, 2012, Sue Homewood, of the Division of Water Quality (Division) Winston -Salem Regional Office conducted a site visit of the property noted above. Ken Bridle and yourself were present during the site visit. At that time they observed that a pipe had been installed within a stream channel. This stream is an unnamed tributary of the Haw River and is a Class WS -V, NSW water in the Cape Fear River Basin The Division's site visit and discussions with you confirm that impacts to streams occurred prior to the submission of a Pre - Construction Notification or any authorization, permit or 401 Water Quality Certification from the Division of Water Quality. As a result of the site inspections and file review, the following violations are noted: Failure to Secure a 401 Water Quality Certification Impacts to a stream have occurred at this tract from the installation of approximately 20 feet of pipe within the stream for a driveway crossing. A 401 Water Quality Certification has not been issued or authorization has not been sought. A 401 Water Quality Certification is required for the above - mentioned impacts pursuant to 15A NCAC 2H .0500. Additionally, earthen fill to streams or wetlands requires proper permitting from the US Army Corps of Engineers (USACE) and proper authorization from the NC Division of Water Quality (Division) with a 401 Water Quality Certification. Requested Response This Office requests that you respond to this letter in writing within 30 days of Receipt of this Notice. North Carolina Division of Water Quality, Winston -Salem Regional Office Location. 585 Waughtown St Winston - Salem, North Carolina 27107 Phone: 336- 771 -50001 FAX: 336 - 77146301 Customer Service: 1.877.623 -6748 Internet www.ncwaterquatity.org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna NatuAi4- Piedmont Land Conservancy October 4, 2012 Page 2 of 2 Your response should address the following items: 1. It is required that you obtain authorization/permits for the stream impacts, restore the area, or a combination of both. It is our understanding that you intend to apply for an "After the Fact' permit authorization from the USACE and the Division. Please submit the permit application form and appropriate application fee within 30 days of receipt of this letter. Should you choose not to seek proper permits, please submit a stream restoration plan within 30 days of receipt of this letter. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact this Office at (336) 771- 5000. Sincerely, W. Corey Basinger Water Quality Regional Supervisor Winston Salem Regional Office Cc. Paidy Williams, US Army Corps of Engineers — Raleigh Regulatory Field Office via email) DWQ NPS Assistance and Compliance Oversight Unit DWQ WSRO -SWP W ATF9OG r o -r 20 i 2096 5-... Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing ,, ""�+•a...,,�, 1a Type(s) of approval sought from the Corps. ®Section 404 Permit Section 10 Permit - 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply)- ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Piedmont Land Conservancy- Summerfield Farm 2b. County: Guilford 2c. Nearest municipality / town: Summerfield, NC 2d. Subdivision name- na 2e. NCDOT only, T.I.P. or state project no: na 3. Owner Information 3a. Name(s) on Recorded Deed: Piedmont Land Conservancy 3b. Deed Book and Page No. 87182 pg 2721 -2724 n 3c. Responsible Party (for LLC if applicable) Ken Bridle, Stewardship Director, PLC UU 3d. Street address: 1515 W. Cornwallace 3e. City, state, zip: Greensboro, NC 27404 DENR - WATER OU TY 3f. Telephone no.. 336 - 691 -0088 Mill 3g. Fax no.: 336- 691 -0044 3h. Email address: kbridle@piedmontland.org Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version r �S .rww's°a'.- .�- ...��s...� 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner 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: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e Telephone no.. 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): PIN = 794005268 Latitude: 36.2361270,N Longitude: - 1 b. Site coordinates (in decimal degrees): 079.8756654 W (DD DDDDDD) (- DD.DDDDDD) 1c. Property size: 156.57 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Haw River proposed project: 2b. Water Quality Classification of nearest receiving water: WS -V, Impaired 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: The property is part of an old farm The northern edge is the Haw River, the eastern edge is an unnamed tributary to the Haw River, the western edge adjoins other farms. The southern and eastern edges are boardered by residentail development. The property was donated to the Piedmont Land Conservancy in November of 2010 by a bank that had forclosed on the previous owner. The land conservancy has placed a conservation easement on the entire property. The easement includes a 300 foot no touch buffer on the Haw River frontage and 100 foot no touch buffers on all prennial and intermitant creeks. The riarian areas are completely forested. The central portion of the property in conposed of various old fields and pastures that total about 75 acres. The construction of the access drive that is the focus of this permit is to allow access to the central portion of the property to mow the fields, conduct prescribed burns and allow access for nature hikes. Piedmont Land Conservancy has an access easement from the donar to build a entry drive extending from the corridor of Autumn Hills Road. 3b List the total estimated acreage of all existing wetlands on the property: approximatly 2 -3, all within the no -touch riparian easement corridors 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: About 6000 feet perennial, 1700 feet intermittant 3d. Explain the purpose of the proposed project- To provide a driveway access to this property. Crossing the creek was required by the access easment location. 3e. Describe the overall project in detail, including the type of equipment to be used: A contractor with experience constructing EEP stream and wetland projects was hired to build a driveway from the end of the public road, across a creek and floodplain and up onto the upland on the west side of the valley. The requirements for the driveway were that it be capable of allowing access by car, light trucks, heavy farm equipment and forest service pickup trucks who will be involved with some prescribed burns at this site. The contractor used a caterpiller 9c front end loader and a Deere 555 backhoe and some smaller equiment like chain saws to clear a corridor in the forested righ -of- way for the driveway. There was also a very large pile of native boulders piled at the end of the public road and these were moved to either side of the road corridor and some were used along the creek crossing. A four foot wide by twenty foot long gavanized steel pipe was purchased to be installed in the creek Vulcan Materials Corporation donated two loads of surge stone and nine loads of crusher run gravel for the project. After construction the site was seeded with a mixture of native riparin grasses and herbs and a nurse crop of rye grain, oats and kale for winter protectection. The site was covered with straw, coir matting was used around the culvert pipe ends and straw bales were staked periodically along the steepest part of the side ditches. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: El Yes No ®Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ® Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P FIT ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts none 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (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 Culvert pipe unnamed trnb of ® PER ® Corps 5 24 crossing Haw River ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 24 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 0.1 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 [:]POT 4f. Total open water impacts none 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. I 5b. I 5c. 5d. 5e. Pond ID I Proposed use or purpose number of pond Wetland Impacts (acres) I Stream Impacts (feet) I Upland Flooded I Filled I Excavated I Flooded I Filled I Excavated I Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for TemDorary (T) imoact 131 ❑P ❑T B2 ❑P ❑T B3 ❑P ❑T 6i. Comments: ❑ Neuse ❑ Tar - Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6e. I 6f. I 6g. Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We brought an engeneer out to the site (Mark Taylor of EcoLogic Associates) and asked him what would be involved if we wanted to build a new driveway access into this property and make it a single lane extention of the public road which ends at the access corridor. His plan intended to keep the road elevation across the vally and required moving lots of soil, impacting a wider corridor, required flood plain as well as creek culverts to allow the passage of floodwaters. The amount of soil that would have been needed would have required us to excavate it from our property and increased the cost of the project and the sediment and erosion impacts. Once we considered the cost and environmental impacts of a paved causway type design we asked the engineer what would be the minimum impact and cost option and he suggested a gravel road to a creek ford. We liked the idea of a smaller corridor, essentailly no dirt moving but we did not like the idea of driving through a prennial creek and thought the at the creek and the drivers would be better served by adding a pipe and making the crossing a dry one. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. We limited the amount of soil movent and impacts outside of the driveway corridor as much as possible. Since we had a pile of rocks to move anyway, most of the fill we needed and any stabolization of the steeper slopes, ditches and the creek crossing were accomplished with this native stone supply. We put down engineering cloth under the gravel bed and across creek to keep the gravel bed firm and dry. We limited the cuttng of woody trees and shrubs on the creek bank and there are some nice woodies right up to the edges of the culvert. We also made sure that the bottom of the culvert was barried a few inches into the bed of the creek to eliminate any hydrolic jump and plunge pool formation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diff use Flow Plan (required by DWO) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0.06% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why- 385 feet of single lane driveway, and one stream crossing with some associated land clearing totaling 0.2754 acres out of a total of 156.57 acre property. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWO Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Summerfield, NC ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply)- ❑ Water Supply Watershed ® Other: Jordon Lake Rules 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWO Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other. 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWO 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (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)? 1c 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): We were unaware that a permit is required for this type of driveway access. Once we found out our error we have worked to follow the advise of Sue Homewood and Warren Simmons (contract watershed engineer for Town of Summerfield) to correct this error and to obtain all required permits and authorizaions. 3. Cumulative Impacts (DWO Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The Guiford County Natural Heritage Inventory, NC Natural Heritage Program, NC Wildlife Resources Commission and personal experaince from 25 years of conducting biological, wetland and stream inventories in the piedmont of North Carolina 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? The Guiford County Natural Heritage Inventory, NC Natural Heritage Program, NC Wildlife Resources Commission and personal experaince from 25 years of conducting biological, wetland and stream inventories in the piedmont of North Carolina 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? Town of Summerfield planning department 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? Kenneth A. Bridle, Ph.D. September 25, 2012 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Anderson & l Associates, September 25, 2012 Mr. Ken Bridle Piedmont Land Conservancy P.O. Box 4025 Greensboro, NC 27404 i; Dear Mr. Bridle: Professional Design Services SEP 2 6 2012 Autumn Hills Subdivision Summerfield, r4C JN 29177.00 This letter is in response to your telephone call on September 24, 2012 concerning a stream crossing located at the intersection of Autumn Hills Drive and Omega Way. My understanding is that the Piedmont Land Conservancy has acquired the remainder of the undeveloped land that was originally intended to be an expansion of the Autumn Hills Subdivision. The Piedmont Land Conservancy desires to gain access to the property by crossing a perennial stream near the intersection of Autumn Hills Drive and Omega Way. The stream is a tributary that flows into the Haw River. The Summerfield Development Ordinance provides the following regulation concerning road crossings of streams in the Jordan Lake Watershed: 7 -6.8.8 Table of Uses Road crossings of streams and other surface waters subject to this Ordinance: 1. Road crossings that impact equal to or less than 40 linear feet of riparian buffer 2. Road crossings that impact greater than 40 linear feet but equal to or less than 150 linear feet or one -third of an acre of riparian buffer Case 1 is an exempt activity in the riparian buffer and Case 2 is an allowable activity. Either case should satisfy your needs. I caution the Piedmont Land Conservancy to keep the crossing within or south of the extension of the right -of -way of Autumn Hills Drive to avoid a designated floodplain of the Haw River. Encroachment into the floodplain would require floodplain permitting and a no- impact certification Should you have any further questions, please let me know. Sincerely, ANDERSON & ASSOCIATES, INC. UVcWire-O-) L��i"01_ Warren L. Simmons, PE, PLS, CFM Vice - President of Surveying — NC Cc: Mr. Scott Whitaker, Town Manager An Employee -Owned Company 7015 -A Albert Pick Road, Greensboro, NC 27409 (336) 931 -0910 (800) 453 -7885 fax www.andassoc.com Greensboro, North Carolina a Blacksburg & Middletown, Virginia o Beckley, West Virginia Piedmont Land Conservancy Summerfield Farm driveway access project Photographs Dated September 20, 2012, taken by Ken Bridle Looking west from the end of Autumn Hills Drive onto the new gravel driveway into the Summerfield Farm property. Note the grassed swale and gravel berm directing surface water away from the new construction into a forested area. Looking west and downhill toward the creek crossing. Note the straw and straw bales staked into the side ditches. ���_ Y�,.. - }.. _y -: Ale. �e• '✓3 f4°� _ - View of the exit end of the culvert pipe showing the coir matting, seed and straw and the native boulders used to stabilize the new construction and diffuse the downhill flow of storm water. Looking southeast from the culvert crossing. Note the straw and seed covered basin before the rocks on the creek bank and the coir matting on the pipe inlet in the creek corridor. View of the pipe inlet, coir matting and stabilizing rockwork. Closer view of one of the straw bales used to slow flow in some of the steeper ditches. Piemont Land Conservancy, Summerfield Farm Maps and Aerial Photos Vicinity map of property location west of Stokesdale and north of Summerfield NC. The Haw River is the blue line on the northern boundary. Property boundary on the USGS 1:24,000 Summerfield Topographic Quadrangle. The Haw River is shown at the top (north) and Autumn Hills Road is not on this map. Guilford County Tax Map photo taken in 2010 showing the property boundary. PLC has a legal access agreement to get to the property from the end of Autumn Hills Road which is shown coming off of Lake Brant Road north of Squirrel Chase Drive. Imagery Date: 202012 0 � 2012 Google 36' 14'13. 17" N 79'53'09.35' W elav 787 fig 1 yw � �rk Goo ,gie earth Eye alt 7315 ft Zoom in on Google Earth showing the intersection of Autumn Hills Road and Omega Way with the new gravel driveway extending off to the west. The creek crossing is about in the middle of the photo.