HomeMy WebLinkAbout20130611 Ver 1_401 Application_201306132013'061 1
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467
www.SandEC.com
To: US Army Corps of Engineers
Wilmington Regulatory Field Office
Attn: Thomas Brown
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
From: Deborah Edwards Shirley
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Westwood Avenue Extension
Wilson, Wilson County, NC
June 10, 2013
S &EC Project #6812.P2
NC Division of Water Quality
WebSCaPe Unit
Attn: Karen Higgins
512 N. Salisbury Street (9°i floor)
Raleigh, NC 27603
On behalf of the applicant Mr. David Woodard of Heritage Place of Wilson, LLC, please find attached a
complete application and supplemental information requesting written concurrence from the U.S. Army
Corps of Engineers and the N.C. Division of Water Quality that the activities proposed below may proceed
under Nationwide Permit 14 and General Water Quality Certification 3886 and obtain a Riparian Buffer
Authorization Approval. Please contact me at (919) 846 -5900 if you have any questions or require
additional information.
PROJECT SUMMARY
Project Name
Westwood Avenue Extension
Project Type
Linear Transportation Project
Owner / Applicant
Heritage Place of Wilson, LLC
County
Wilson
Nearest Town
Wilson
Waterbody Name
UT to Bloomery Swam
Basin
Neuse
Index Number
27-86-643)
Class
WS -IV, NSW
IMPACT SUMMARY
Stream Impact (acres):
0.028
Wetland Impact (acres):
0.205
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.233
Fn
Total Stream Impact (linear feet):
1 299
Attachments:
Pre - construction Notification Application Form
Agent Authorization Form
NRCS Soil Survey Map & USGS Topographic Map
DWQ Determination Letter (NB /IPRRO#12 -51)
NCEEP Mitigation Acceptance letter
Draft Preservation Map
Draft Preservation Language
Overall Site Plan & Existing Conditions Survey
Impact Exhibits
DWO ONLY:
SMP Approval letter
LS Calcs, Supplement Forms & O &M's
Construction Plans
Stormwater Management Plan Sheet
$570 DWQ Application Fee
USACE ONLY: Municipal Agreement
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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 ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: N/A
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 in4ieu
fee program.
® Yes
❑ No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Westwood Avenue Extension
2b. County:
Wilson
2c. Nearest municipality / town:
Wilson
2d. Subdivision name:
Heritage Place
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
Heritage Place of Wilson, LLC
3b. Deed Book and Page No.
D.B. 2080 & 37, Pg. 806 & 141
3c. Responsible Party (for LLC if
applicable):
David Woodard
3d. Street address:
2514 West Nash Street
3e. City, state, zip:
Wilson, NC 27896
3f. Telephone no.:
252 - 243 -3136
3g. Fax no.:
N/A
3h. Email address:
N/A
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Owner - Please send correspondence to both owner
and Agent
4b. Name:
David Woodard
4c. Business name
(if applicable):
Heritage Place of Wilson, LLC
4d. Street address:
2514 West Nash Street
4e. City, state, zip:
Wilson, NC 27896
4f. Telephone no.:
252 - 243 -3136
4g. Fax no.:
N/A
4h. Email address:
N/A
5. Agent/Consultant Information (if applicable)
5a. Name:
Deborah Edwards Shirley
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.:
919 - 846 -5900
5f. Fax no.:
919 - 846 -9467
5g. Email address:
DShirley @SandEC.com
Page 2 of 12
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
Parcel ID: 3702 -73 -5871 & 3702 -74 -3884
1 b. Site coordinates (in decimal degrees): IMPACT AREA B
Latitude: 35.7366 Longitude: - 77.9626
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
t 47.28 acres (Phase within Heritage Place)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Bloomery Swamp 27- 86 -6 -(3)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -IV; NSW
2c. River basin:
Neuse River Basin; Hydrologic Unit Code 03020203
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 site is wooded and includes a UT to Bloomery Swamp as its southern boundary and three tributaries
with riparian wetlands that flow into the UT and bisect the site. The furthest tributary to the west has a Neuse River buffer
associated with it. The tributary in the middle has a beaver impounded area on the north side of the property, the
southern UT also includes some beaver impounded areas. The Norfolk- Southern Railroad is the northern property
boundary and a 70' CP &L easement bisects the property on the eastern side. The general land use in the vicinity is
commercial with some residential.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 7.25 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 4900 linear feet
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to connect Forest Hills Road (a major thoroughfare) to Raleigh Road
Parkway, (another major thoroughfare) via Heritage Drive. This segment of Westwood Avenue is the last leg of the
proposed Westwood Ave. construction to be completed. Due to its strategic location and function in the
transportation system of the City of Wilson, the NCDOT via a "Municipal Agreement" with the City of Wilson is
contributing up to $250,000 of cost in an effort to help alleviate congestion at the Forest Hills Road /Raleigh Road
Parkway intersection, by far the heaviest traffic count intersection within the City of Wilson. In addition both the City
of Wilson and Wilson County have contributing funding to the project as an economic incentive. Therefore this
project due to both its strategic transportation and economic impact has been developed as a joint public/private
partnership funding project, that will benefit all of the citizens of the City of Wilson and will help to alleviate both
traffic congestion as well as improve the air quality within the immediate area due to less idling time for motor
vehicles sitting at traffic signal lights.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of constructing a road, connecting the existing Heritage Drive with the existing stub of
Westwood Ave, which connects to Forest Hills Road. There are three (3) stream tributaries that will be crossed,
along with the riparian wetlands associated. In addition, Level Spreaders and Engineered Filter Strips will be
constructed to meet the NC Division of Water Quality Stormwater and Diffuse Flow requirements. Equipment such
as bull dozers, bucket loaders, excavators and other typical equipment used for land disturbance will be utilized for
this project.
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
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?
® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
El Preliminary [I Final
Comments: The JD package will be submitted separately,
but within the review period of the PCN Application.
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Soil & Environmental
Name (if known): Bob Zarzecki
Consultants, PA Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE -site visit with Thomas Brown on March 20, 2012 confirming jurisdictional streams & wetlands. NCDWO -site visit
with Martin Richmond on February 8, 2012 confirming riparian buffers on property (NBRRO /IPRRO #12 -51).
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.
N/A
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
This is last segment of the Westwood Avenue project that runs from Forest Hills Drive to Heritage Drive.
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 number —
Type of jurisdiction
Permanent (P) or
Type of
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Temporary T
impact
if known
DWQ — non -404, other
acres
W1 (Area B) ® P ❑ T
Road
Crossing &
Headwater
Forest
® Yes
El No
® Corps
❑DWQ
0.056
Dissipater
W2 (Area C) ® P ❑ T
Road
Crossing &
Headwater
Forest
® Yes
El No
® Corps
El DWQ
0.0005
Dissipater
W3 (Area D) ® P ❑ T
Road
Crossing &
Headwater
Forest
® Yes
E] No
® Corps
❑DWQ
0.148
Dissipater
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.205
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 number -
Type of
Stream name
Perennial
Type of jurisdiction
Average
Impact
Permanent (P) or
impact
(PER) or
(Corps - 404, 10
stream
length
Temporary (T)
intermittent
DWQ — non -404,
width
(linear
(INT)?
other)
(feet)
feet)
S1 (Area B) ® P ❑ T
Road
Crossing &
UT to Bloomery
❑ PER
® Corps
4'
102
Dissipater
Swam p
® INT
❑ DWQ
S2 (Area C) ® P ❑ T
Road
Crossing &
UT to Bloomery
® PER
® Corps
4'
108
Dissipater
Swamp
❑ INT
❑ DWQ
S3 (Area D) ® P ❑ T
Road
Crossing &
UT to Bloomery
❑ PER
® Corps
4'
89
Dissipater
Swam p
® INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
D99
3i. Comments:
Page 5 of 13
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 individ ally list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water impact
Name of waterbody
number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑ PEI T
02 ❑P ❑T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then com lete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Floode
d
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet )
(square feet)
Temporary T
required?
61 (Area B)
® P ❑ T
Road Crossing
UT to Bloomery
Swamp
❑ Yes
® No
7,156
4,811
132 ❑P ❑T
❑Yes
❑ No
63 ❑P ❑T
❑Yes
❑ No
B4 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
7,156
4,811
6i. Comments:
Page 6 of 12
Page 7 of 13
PCN Form — Version 1.3 December 10, 2008 Version
D. impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
S &EC completed a wetland delineation and Neuse River Buffer evaluation in order to identify natural resources so
that impacts could be avoided /minimized to the maximum extent practicable. Impact Area B is proposing
permanent impacts to an intermittent stream and wetland area for a road crossing. This crossing is necessary to get
from the existing Heritage Drive to uplands on the east side of the stream. This crossing has been designed to
cross at a near perpendicular angle and headwalls are proposed to minimize stream and wetland impacts. Impact
Area C is proposing permanent impacts to a perennial stream and wetland for a road crossing. This crossing is
necessary to access the uplands area to the east of this proposed crossing, just west of Impact Area D. This
crossing has been designed to cross at a near perpendicular angle and headwalls are proposed to minimize stream
and wetland impacts. Impact Area D is proposing permanent impacts to an intermittent stream and wetland area
for a road crossing. This crossing is necessary to get from the uplands area to the west of this proposed crossing, to
the existing Westwood Avenue stub. This crossing has been designed to cross at a near perpendicular angle and
headwalls are proposed to minimize stream and wetland impacts.
Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 14. With
respect to linear transportation crossings conditions (Regional Conditions section 4.0) the applicant does not
anticipate any stream relocations, all culverts have been sized appropriately in order to accommodate bank -full
flows and will be buried the appropriate depth below the streambed to allow for aquatic life passage; and this project
is not being used in conjunction with a NWP 18 to create an upland area.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
As per the project engineer -The proposed project will be subject to Sedimentation - Erosion Control Plan that will be
approved by the City of Wilson who operates its own Sedimentation - Erosion Control Program. To minimize and
avoid impacts all clearing has been performed by using a hydroax to minimize disturbance. A strict construction
limits especially in environmentally sensitive areas to help ensure minimization of impacts. Also, prior to
commencing construction an onsite meeting will be conducted with contractor and City of Wilson to emphasize the
importance of staying within established construction limits within environmental sensitive areas. All wetland limits
will be noted to the contractor prior to beginning construction along with these limits physically established on the
construction site. Silt fence and rock dams will be utilized during construction to contain sediment to the site. The
site will be inspected after every rain in excess of. I of inch to determine if corrective sedimentation - erosion control
measures will need to be taken. Also the City of Wilson conducts a very thorough and aggressive sedimentation -
erosion control inspection program with almost daily inspections of sites during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
® Yes ❑ No
Permanent impacts to wetlands are greater than 0.10
acre and permanent impacts to streams are greater than
150 linear feet, as such the applicant is proposing
2a. Does the project require Compensatory Mitigation for
compensatory mitigation in the form of a mitigation
impacts to Waters of the U.S. or Waters of the State?
payment to the NCEEP and preservation. If however,
after review of this application the USACE determines that
impacts are deemed not cumulative and compensatory
mitigation is NOT required, then the applicant will send an
email supporting his withdrawal of the included
compensatory mitigation plan.
2b. if yes, mitigation is required by (check all that apply):
® DWQ ® Corps
Page 8 of 12
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 —70uantity
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:
299 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:
0.205 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.
The applicant proposes to place approximately 4 acres of riparian wetlands into preservation as shown on Proposed Draft
Preservation Map. The wetlands will be protected by a Restrictive Covenant, the applicant proposes to utilize the
language within the Wilmington District Process for Preservation of Mitigation Property Attachment B- Restrictive
Covenant Guidance. A copy is attached for your reference.
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
!! FORMTEXT
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 9of12
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
Yes El No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The project is located within a Certified Local Government A diffuse
® Yes ❑ No
flow plan has been reviewed and approved by the City of Wilson. An Approval
letter and approved plans are attached for your reference.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
51.209/6
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: This
project has been considered a linear transportation project. Three Level Spreader- Vegetated Filter Strips have been
proposed for this project. The City of Wilson has reviewed and approved the stormwater management plan for this
project. An Approval letter and the approved plans are attached for your reference.
® 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?
City of Wilson
❑ 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
❑ HOW
❑ 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
S. 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 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
I. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
1b. 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): It is my
understanding that an 80' Right -of -way has been hydroaxed through Impact Area B.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Ye s 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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certfication and
Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version
2.1. While the proposed Westwood Avenue Extension is considered a "road on a new location" which has the
potential for growth- stimulating effects, the project is located within the City of Wilson ETJ. Therefore the adjacent
properties that have potential for development will have the following regulations to protect downstream waters: 1)
the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within
the riparian buffer area in addition to "diffuse flow" requirements at a minimum and could require Best Management
Practices that control nitrogen if diffuse flow cannot be achieved, and 2) the Water Supply, Watershed Protection
Program which limits development densities as well as requires protective riparian buffers. We anticipate that the
DWQ will advise us if any additional information is needed.
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.
This property is connected to the City of Wilson's Sanitary Sewer System. The City will ensure that capacity of their
treatment facility will not be exceeded.
Page 11 of 13
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
El Y es ®No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ®No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
❑
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC- Natural Heritage Program Map Viewer was used to search for elemental occurrences of state and federally
protected species in the vicinity of the project. The Map Viewer found °0" elemental occurrences of state and/or
federally protected species within 2 miles of the vicinity of the project.
References: North Carolina Natural Heritage Program Online Map Viewer. [June 10, 2013]. Department of
Environment and Natural Resources, Office of Conservation, Planning, and Community Affairs, Raleigh, NC.
Available at. www.ncnhp.org.
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?
Data Query Tool indicated No Habitat Areas of Particular Concern (HAPC) were identifled at the report location. No
EFH Areas Protected from Fishing (ERHA) were identified at the report location. References: [NOAA] National
Oceanic and Atmospheric Administration. Internet -based search: NOAA Habitat ConservatiorVHabitat Protection
Essential Fish Habitat Mapper http.lAvww.habitat.noaa.Qov /protection /efh/efhmaaper /index himl Accessed 10 June
2013
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?
Records checks at the State Historic Preservation Once or the Office of State Archeology were not performed. No
structures were observed onsite during the wetland evaluation.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year Foodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the Foodplain determination? NC F/oodplain Mapping Information System. Please
note that there is a 100 year Floodplain on the south side of the project, adjacent to the UT to Bloomery Swamp, however
no impacts are proposed within this area.
Deborah Edwards Shirley
June 10,
Applicant/Agent's Printed Name
Applicant/Agent's Signature
2013
(Agent's signature is valid only if an authorization letteHr6rn the applicant
is provided)
Date
Page 12 of 12
Soil & Environmental Consultants, PA
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AGENT AUTHORIZATION PORM
Name r %M_j err = V-# uF L�1 V.J [..C.C,
Address: ;2 S�(4 N m
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Phone. 2 -'Z— n
Project Name /D�pftL �1�i�� i`�=R.QcBC project #7-1. PZ
Date 1-- l Q%— r-1%
The Department of the Army
US. Army Corps of BngawM WilmBlg w District
P.O. Box 1890
WgmkWU)D, NC 28402
Attu: _�
Pield Office 1 T: iO
Re Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the cunent actin behalf owner, �y te and authorize &9 & 1 C°° ' PA to
ropp�� nt ��Pigof per applimdo s, to furnish upon
� appl a etc. from this day forward. The day of
Mds notifkadon supersedes any Previous correspmWrwe caaeerning the agent for this project
NOTICE: This ammhathm, for liabiiUty and 1 coofty nmou4 is valid only for
goveranumt officials to easier the piopeety when accompanied by S&EC staff. You should call S&BC
to ansage a site sneedag Prior to vb kkg the she.
Print Property Owner's Name Property Owners Signature
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Project No. Soil Survey Map 0 1,000 2,000 4,000
6821.P3
Feet
Project Mgr.: Westwood Site
DAE Wilson CO., NC l Soil & Environmental Consultants, PA
Scale: 11010 Raven Ridge Rd.• Raleigh, NC 27614
1" = 1,000' (919) 846 -5900 • (919) 846 -9467
1983 Wilson Co. Soil Survey, Web Page: www.SandEC.com
06/04/2013 Map Sheet 5
d \CDE its
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE
Governor Director
July 24, 2012
Bob Zarzecki
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd
Raleigh, NC 27614
Dee Freeman
Secretary
H 1L -1 /f; i,
IN7B/1PRRO# 12 -5 i
a'i;so-n County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 2B .0233)
Starw,
❑ Tar - Pamlico (15A NCAC 213 .0259)
® Ephemeral /Intermittent/Perennial Determination
IMS
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B.0287)
Project Name: Westwood Tract Wilson
Location/ Directions: Subject property is approx 179 acre tract located west of Westwood Ave,
south of railroad line Wilson Co PIN #3702 -73- 5871.000
Subject Stream: UT to Bioeluery Stimmp
Date of Determination: February 8, 2012
Feature
FAM*
Not Subject
Subject
Starw,
Stop@
Soil
IMS
Survey
To
A
P
X
Throughout
X
X
B
I
X
Culvert Outfall
X
C
P
X (Not
Flag Sl
Depicted)
D
I
X (Not
DWQ Flag
Depicted)
car = rpnemerac- tnrermureru rerennrar
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Filson County, North
Carolina or the most recent copy of the USGS Topographic map at a 1.24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
North Carolina Division of water Quality Raleigh Regional Office Surfaw water Protection Phone (919) 7914200 Customer Service
Internet WMftV brquaW.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 571 -4718 1.877. 623 -6748
An Equal OppOrtuotgr/At>bMW ACUM Empbyer -5D% RecydedM0%Post ConsumerPaper
Westwood Tract Wilson
Wilson County
July 24, 2012
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request most he made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) Is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing clo Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
If you dispute the Director's determination you may file a petition for an administrative hearing. You most file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition Is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c% Mary -
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any Inquiries should be directed to the
Division of Water Quality (Central Office) at (919 )-733 -1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919)-554 -4884.
Respectfully,
Martin Ri and
En ronm ntal Specialist
cc: WeBSCaPe —1650 Mail Service Center
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PROGRAM
June 4, 2013
David Woodard, Jr.
Heritage Place of Wilson, LLC
2514 Nash St., NW
Wilson, NC 27896 Expiration of Acceptance: December 4, 2013
Project: Westwood Ave. Extension County: Wilson
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also cgMRIY with all other state federal or local government permits. regulations or authorizations associated
with the D=osed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
River I CU
Basin Location
Impact I Neuse 1 03
Stream
old Cool Warm Ri aria
0 0 299 Up to
0.25
Wetlands (acres)
Coastal
1
Buffer I I Buffer Il
(Sq. Ft.) (Sq. Ft.)
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 707 -8915.
Sincerely,
Jame . B tanfill
Asset nagement Supervisor
cc: Karen Higgins, NCDWQ Wetlands/401 Unit
Thomas Brown, USACE - Raleigh
Martin Richmond, NCDWQ - Raleigh
Debbie Shirley, agent
File
Rwtoru ,�J... E ... Pro" Our Stag
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 919 -707 - 8976 / www.neeep.net
ATTACHMENT B - RESTRICTIVE COVENANT GUIDANCE
We do hereby certify that the language set forth hereinbelow will be a part of any and all
Restrictive Covenants applicable to property adjacent to extension of Westwood Avenue as
shown on the plat attached hereto.
"The areas shown on the recorded plat entitled , dated
, and recorded in Book , Page ,Wilson County
Registry, as conservation areas shall be maintained in perpetuity in their natural or
mitigated condition. No person or entity shall perform any of the following
activities on such conservation area.
A. Fill, grade, excavate or perform any other land disturbing activities;
B. Cut, mow, burn, remove, or harm any vegetation;
C. Construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or
temporary structures;
D. Drain or otherwise disrupt or alter the hydrology or drainage ways
of the conservation area;
E. Dump or store soil, trash, or other waste;
F. Graze or water animals, or use for any agricultural or horticultural
purpose.
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID, and
therefore may be enforced by the United States of America. This covenant is to
run with the land, and shall be binding on the Owner, and all parties claiming
under it."
Notwithstanding anything in these Restrictive Covenants to the contrary, under no circumstances
can the Covenants set forth in this Section be amended without the express written
consent of U.S. Army Corps of Engineers, Wilmington District.
71933
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JURISDICTIONAL WETLANDS
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TOTAL STREAM IMPACTS — 299 LF/1,225 SO FT
TOTAL WETLANDS IMPACT — 0.205 AC/8,944 SO FT
TOTAL ZONE 1 BUFFER IMPACT — 7,156 SO FT
TOTAL ZONE 2 BUFFER IMPACT — 4,811 SO FT
RIPARIAN BUFFER
ZONE 1 IMPACTED
STREAM IMPACT
CURVE TABLE
CURVE
LENGTH
RADIUS
CHORD BEARING
CHORD
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174.84'
1
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Westwood Avenue Extension 0 9 ®s 9
Impact Map
Heritage Place of Wilson, LLC
City of Wilson, N.C.
' � 400 0 400 800 1200
r
' 80 Herring— Sutton & Associates, P.A.
�''..i' • Engineers — Surveyors — Planners
2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887 SHEET 1 OF 4
P: \02PROJ \1870 \1870— LDDT\dwg \1870AJ— WESTWOOD OR— WETLANDS— IMPACT.dwg 6/6/2013 4:29:59 PM EDT
PROPOSED NEUSE BUFFER ZONE 1 IMPACT AREA 7,156 SF
PROPOSED NEUSE BUFFER ZONE 2 IMPACT AREA 4,811 SF
JURISDICTIONAL WETLANDS
JURISDICTIONAL WETLANDS
(IMPACTED)
STREAM IMPACT
RIPARIAN BUFFER
ZONE 1 IMPACTED
102 LF STREAM IMPACT LENGTH
432 SF STREAM IMPACT AREA
Westwood Avenue Extension
Impact Area "B"
Heritage Place of Wilson, LLC
City of Wilson, N.C.
40 0 40 80 120
Herring— Sutton & Associates, P.A.
Engineers — Surveyors — Planners
2201 Nash Street NW Wilson, North Carolina 27898 (252) 291 -8887
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Impact Area "C"
Heritage Place of Wilson, LLC
City of Wilson, N.C.
40 0 40 80 120
ENEIN
Herring— Sutton & Associates, P.A.
Engineers — Surveyors — Planners
2201 Nash Street NW Wilson, North Carolina 27898 (252) 291 -8887
\1870AJ- WESTWOOD DR- WETLANDS- IMPACT.dwg 6/6/2013 4:29:59 PM EDT
SHEET 3 OF 4
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JURISDICTIONAL WETLANDS
JURISDICTIONAL WETLANDS
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89 LF STREAM IMPACT LENGTH
363 SF STREAM IMPACT AREA
Westwood Avenue Extension
Impact Area "D"
Heritage Place of Wilson, LLC
City of Wilson, N.C.
40 0 40 80 120
Herring— Sutton & Associates, P.A.
Engineers — Surveyors — Planners
2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887
4:29:59
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Wetlands Impact Map X— Section
Impact Area "B11 (Sta: 20 +15)
Westwood Avenue Extention
City of Wilson, N.C.
Herring— Sutton & Associates, P.A.
Engineers — Surveyors — Planners
2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887
\1870AJ— Westwood— Wetland Impact— Xsections.dwg 6/6/2013 3:31.57 PM EDT
128
127
126
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124
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Wetlands Impact Map X— Section
Impact Area "B11 (Sta: 20 +15)
Westwood Avenue Extention
City of Wilson, N.C.
Herring— Sutton & Associates, P.A.
Engineers — Surveyors — Planners
2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887
\1870AJ— Westwood— Wetland Impact— Xsections.dwg 6/6/2013 3:31.57 PM EDT
128
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Wetlands Impact Map X— Section
Impact Area "C" (Sta: 9 +20)
Westwood Avenue Extention
• = City of Wilson, N.C.
01 Herring— Sutton & Associates, P.A.
Engineers - Surveyors - Planners
2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887
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Wetlands Impact Map X— Section
Impact Area "C" (Sta: 9 +20)
Westwood Avenue Extention
• = City of Wilson, N.C.
01 Herring— Sutton & Associates, P.A.
Engineers - Surveyors - Planners
2201 Nash Street NW Wilson, North Carolina 27896 (252) 291 -8887
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