HomeMy WebLinkAbout20140015 Ver 1_401 Application_20131213Dewberry°
201 400 1 5
TRANSMITTAL
Date: 12/27/2013 Project #: CS370439 -06 / 50056972
Project Name: Coon Creek Stormwater Improvement Project
Reference:
To: Division of Water Resources
401- Wetlands Unit
512 North Salisbury Street
Phone:
Raleigh, NC 27604
CC:
We transmit:
The following:
For:
_
❑ As per your request
❑ Prints
® Your approval
❑ Under separate cover
® Copies
❑ Your review and comment
❑ By mail
❑ Reports
❑ Your file /use
I@ By messenger
❑ Studies
❑ Revision and submission
❑ By pick up
❑ Reproducible
❑ Distribution
❑ By overnight carrier
❑ Product literature
❑ Computations
As requested by:
As approved by:
As submitted for approv_
A
Cameron Long, PE
1Copies:
5
Date:
12/27/2013
Number:
1
Description__
Pre - Construction Notification Bound Documents
2
12/27/2013
2
Full -Size Permit Plan Set to Facilitate Review
3
1
12/27/2013
12/27/2013
3
4
11 X 17 inch Permit Plan Set to Facilitate Review
$570.00 review fee check made out by the City of Oxford
_Comments:
j As requested, enclosed is the document as noted above.
This submission is in support of IFS Project Number CS370439 -06.
Please let us know if there is anything else you need.
W INN
1 I
DIEL272013
D., NR -_ W AT EP QUALITY
Signed:
6a;;�meron L ,
2301 Rexwoods Dr., Suite 200
Raleigh, NC 27607
If enclosures are not as noted, please notify us at once Page 1 of 1
It Dewberry
ARCHITECTS ENGINEERS CONSULTANTS
20 1 400 1 5
Pre - Construction Notification (PCN) Application
City of Oxford
Coon Creek (Fishing Creek) Stormwater
Improvement Project
December 27, 2013
SUBMITTED BY:
Dewberry Engineers Inc.
2301 Rexwoods Drive
Suite 200
Raleigh, NC 27607
NC License No.: F -0929
uN- WATER OUALITY
NIMa-9 SkLmwatar Branch
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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
1 b. Specify Nationwide Permit (NW P) number: 3, 13, 18 & 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d. 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.
❑ 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:
Coon Creek (Fishing Creek) Stormwater Improvement Project
2b. County:
Granville
2c. Nearest municipality / town:
City of Oxford
2d. Subdivision name:
n/a
2e. NCDOT only, T.I.P. or state
project no:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
City of Oxford
3b. Deed Book and Page No.
Municipal Project
3c. Responsible Party (for LLC if
applicable):
Jacqueline Sergent
3d. Street address:
114 High Street
3e. City, state, zip:
Oxford, NC, 27565
3f. Telephone no.:
919 - 690 -1865
3g. Fax no.:
919- 603 -1107
3h. Email address:
jackie.sergent@gmail.com
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version
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4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: City Engineer
4b. Name:
Larry Thomas, PE
4c. Business name
(if applicable):
City of Oxford
4d. Street address:
300 Williamsboro St
4e. City, state, zip:
Oxford, NC, 27565
4f. Telephone no.:
919 - 603 -1113
4g. Fax no.:
n/a
4h. Email address:
Iothomas@oxfordnc.org
5. Agent/Consultant Information (if applicable)
5a. Name:
Cameron Long, PE
5b. Business name
(if applicable):
Dewberry Engineers Inc.
5c. Street address:
2301 Rexwoods Drive
5d. City, state, zip:
Raleigh, NC 27607
5e. Telephone no.:
919- 424 -3729
5f. Fax no.:
919- 881 -9923
5g. Email address:
clong@dewberry.com
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B. Project Information and Prior Project History
1. Property Identification
Tax System Record Numbers:
27503 (Danube Partners, LLC)
15942 (Dill Air Controls Products, LLC)
14297 (Revlon Consumer Products Corp.)
28447 (BMA Oxford Apartments, LLC)
Maluli Drive Properties:
9830
12270
13212
10698
12859
1a. Property identification no. (tax PIN or parcel ID): see attached
map
12860
10665
10664
9975
13221
13402
10861
12546
12547
25839
28505
Wetland:
Latitude: 36.308967 Longitude: - 78.560522
Stream Crossings:
36.310781,- 78.559949
1 b. Site coordinates (in decimal degrees): see attached map
36.310383,- 78.560041
36.310383,- 78.560041
36.30948, - 78.560598
36.308926,- 78.560593
36.308189,-78.560357
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
Stream Crossing LOD: 2.61 ac
Wetland LOD: 6.89 ac
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Unnamed Tributary to Coon Creek
2b. Water Quality Classification of nearest receiving water:
n/a (Coon Creek)
2c. River basin: map is available at
http://h2o.enr.state.nc.us/admin/maps/
Tar - Pamlico
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PCN Form — Version 1.3 December 10, 2008 Version
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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 proposed project area encompasses varying land uses which include palustrine emergent wetland, pasture, forest,
and residential areas. Current dominant land use at the project site is pasture at the CSW site, medium to high
intensity development at Revlon, and open space to low intensity development at Maluli Drive. Land use for the
project vicinity is a combination of low to high intensity development, forest, and pasture. Industrial developments
are mixed with residential developments (Maluli Drive, Autumn Park Apartments), while there are still considerably
large areas of open pasture and forest.
3b. List the total estimated acreage of all existing wetlands on the property:
0.39 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2324 ft
3d. Explain the purpose of the proposed project:
The purpose of the constructed wetland is to improve water quality, mitigate flooding, and improve public safety for the
impacted residents of Maluli Drive. The Maluli Drive culvert improvements and stream stabilization measures are
expected to help prevent roadway washout by providing flooding mitigation, as well as improve public safety for affected
residents.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will include a constructed stormwater wetland (CSW) which will add storage to the stormwater
system while providing habitat and ancillary water quality benefits such as sediment removal, and a suite of culvert and
channel improvements along Maluli Drive to reduce the occurrence of roadway flooding, enhance public safety, reduce
erosion, and improve overall stream hydrology in the lower watershed. The proposed stormwater wetland will be
constructed adjacent to the existing wetland and is designed to not impact current wetland flows. The existing wetland
outlet invert will not be altered, and the CSW outlet structure will also tie into this and discharge to Coon Creek (Unnamed
Tributary). Landscaping and planting after construction will follow appropriate NCDENR Stormwater BMP Manual
guidance as well as the City of Oxford's Landscaping and Tree Preservation Requirements.
Improvements to Maluli Drive include seven driveway /pavement repairs, replaced culverts of varying diameters, junction
box installment, and bank stabilization by means of class 1 rip -rap installation at the entrance and exit of the mentioned
culverts. Eight properties along the west bank of the unnamed tributary to Coon Creek will be temporarily impacted
during construction proceedings. Construction equipment will likely include trucks, trailers, backhoes, cranes, concrete
trucks, dozers, pavers and pump systems.
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: Wetland determinations made by US ACE and
® Yes ❑ No ❑ Unknown
Surface Water Determination performed by NCDENR.
Determination were issued November 21, 2013 and
September 27, 2013. Field meeting August 28, 2013
determined that buffer mitigation would not be required.
4b. If the Corps made the jurisdictional determination, what type
Preliminary ❑Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Dewberry Engineers Inc.
Name (if known): Eric Alsmeyer, Danny Smith,
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
November 21, 2013
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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.
n/a
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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
Grading and outlet
❑ Yes
® Corps
0.034
construction
® No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.034
2h. Comments: Construction activities will occur adjacent to the existing wetland, and should only see minor, temporary
impacts due to presence of machinery and people.
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)
Driveway repair,
S1 []POT
culvert replacement,
UT1 to Coon
❑ PER
® Corps
6
48
bank stabilization w/
Creek
® INT
® DWQ
rip -rap
Driveway repair,
S2 ❑ P ®T
culvert replacement,
UT1 to Coon
❑ PER
® Corps
6
103
bank stabilization w/
Creek
® INT
® DWQ
rip -rap
S3 ❑ P ®T
Pavement repair &
bank stabilization w/
UT1 to Coon
❑ PER
® Corps
4
24
Creek
®INT
®DWQ
rip -rap
Driveway repair,
culvert replacement,
S4 ❑ P ® T
Junction box
UT1 to Coon
❑ PER
® Corps
6
78
installation & bank
Creek
® INT
® DWQ
stabilization w/ rip -
rap
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Driveway repair,
S5 ❑ P ®T
culvert replacement,
UT1 to Coon
❑ PER
® Corps
5
44
bank stabilization w/
Creek
® INT
® DWQ
rip -rap
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWO
3h. Total stream and tributary impacts
297 LF
3i. Comments: Total stream/tributary impacts are expressed in linear feet of stream impact. Includes rip -rap, culvert length,
and headwalls. Some construction activities overlap.
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 indi iduallv 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
01 ❑P ❑T
02 ❑P ❑T
03 ❑P [IT
04 ❑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
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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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 for
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
Driveway
B1 ❑ P ®T
crossing
and bank
UNT1 to Coon Creek
® Nos
13,663
2576
stabilization
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ PEI T
El Yes
❑ No
6h. Total buffer impacts
13,663
2576
6i. Comments: Reason for impact includes driveway crossings on single family residential lots that disturb greater than 25
linear feet or 2,500 square feet of riparian buffer, per Red Rule Book. Buffer impacts cannot be avoided due to the bank
stabilization and protection during construction. Limited natural buffer currently exists due to the nature of this existing
established residential neighborhood. Proposed construction will not add any additional disturbance to the buffer. Buffer
impact calculations do not consider area within Maluli Drive.
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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.
The residential neighborhood in which the stream is located floods on a regular basis. Revlon and Dill Air facilities
contribute to the majority of impervious runoff to the tributary. An evaluation of alternative design scenarios determined
that a stormwater BMP such as a CSW would provide flood mitigation and therefore improve public safety for the
residents of Maluli Drive. The proposed CSW will be constructed adjacent to the existing wetland, therefore impacts to
the wetland will be temporary and minor. The outlet invert not altered for existing wetland and instead ties in to CSW.
Stream improvements for Maluli drive were designed to replace undersized or failing culverts. The proposed culvert
designs minimize impacts by not disturbing existing culverts in some locations. This stream branch is already developed
and proposed improvements are unlikely to cause additional impacts to the existing area.
b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The introduction of construction equipment onto the project site poses a risk for chemical contamination, primarily from
petroleum/fuel products (i.e. oil, gasoline, diesel fuels) as well as wash water that may be used to clean construction
equipment. Vehicle fuel and maintenance staging areas will be located away from drainage courses. Equipment and
machinery will be maintained and washed in areas designed to control runoff. Additional measures may be implemented
per USEPA and local authority (i.e. NCDWQ/NCDENR) guidance.
Construction activities will be limited to normal business and daylight hours (i.e. 9 a.m. to 5 p.m.) to minimize disturbance
to local residents. Notification of construction activities will be provided to local businesses ahead of start of construction.
Mufflers will be used on construction equipment to reduce the impact of noise during construction. Contractors will be
required to comply with all State and local requirements for noise abatement on construction equipment.
Construction activities could result in temporary impacts including exhaust emissions from construction equipment and
suspension of dust particles. However, construction activities will be designed, operated, and maintained in a manner
that minimizes the migration of odors/particulate matter offsite. There will not be any operational impacts to air quality as
a result of construction. No open burning is expected. Dust control measures will be implemented during construction
activities, such as windbreaks and water spraying. Proper vehicle maintenance will be implemented to ensure exhaust
emissions comply with applicable quality standards.
Where possible, natural vegetation will be protected through the use of fencing, tree armoring, retaining walls, etc. Post
construction, project areas will be replanted with beneficial vegetation. Additionally, the City of Oxford Zoning Ordinance
outlines specific requirements for landscaping and tree preservation.
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
project?
❑ 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
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PCN Form — Version 1.3 December 10, 2008 Version
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.
n/a
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? If yes, you will have to fill out this entire form — olease
contact the State for more information.
❑ 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:
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E. Stormwater Management and Diffuse Flow Plan (required by DWO)
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: Project does not discharge through a buffer.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
19%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project contains less than 24%
impervious area.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
n/a
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWO 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Oxford
❑ 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. DWO 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
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
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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: Engineering Report/Environmental Information Document was revised
and submitted 12/2/2013 and is currently under review.
2. Violations (DWO Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWO 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): n/a
3. Cumulative Impacts (DWO Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El 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 DWO policy. If you answered "no," provide a short narrative description.
Project was designed to improve water quality and flooding conditions for impacted residents. Future development was
not considered during design as the City of Oxford has not indicated any such plans.
4. Sewage Disposal (DWO 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.
No wastewater discharge anticipated.
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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?
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?
Dewberry communicated with FWS, NCDENR, and NC Wildlife Resources Commission to determine if a T &E survey
would be required for the project area. Ultimately these agencies determined a T &E survey was not required for this
project.
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?
Dewberry communicated with FWS, NCDENR, and NC Wildlife Resources Commission to determine if a T &E survey
would be required for the project area. Ultimately these agencies determined a T &E survey was not required for this
project. In addition, Environmental Services Inc. conducted a survey for state - listed T &E mussels within the project area's
stream reaches.
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?
Dewberry communicated with the State Historic Preservation Office and the Office of State Archaeology to determine if
the site would impact historic or archaeological resources. These agencies determined that the proposed project and
were aware of no resources affected by the project.
B. 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: n/a
8c. What source(s) did you use to make the floodplain determination? Project area was compared to FEMA -FIRM. The
project area does not occur within FEMA studied streams.
Cameron Long
12/23/2013
Applicant/Agent's Printed Name
Applican gen s ignature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 13 of 13
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Legend
Project Area
_...... _ Driveway Repairs
Culvert Headwalls
Culvert Pipes
Storm Structures
Driveway Replacement
Rip -Rap Installation;
Existing Bottom Bank Lines
Impervious Surface
Zone 1 Buffer
Zone 2 Buffer
Existing Property Lines
N
1 inch = 86 feet
ft
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Exhibit C - Maluli Drive Stormwater Improvements Buffer Limits
Coon Creek Stormwater Improvement Project
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Exhibit C - Maluli Drive Stormwater Improvements Buffer Limits
Coon Creek Stormwater Improvement Project
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DEC p 6 2013 AGENT /CONSULTANT AUTHORIZATION FORM
8Y;
PROJECT LOCATION: 36.30897°N78.560522 °W
PROJECT NAME: Coon Creek Stormwater Improvements
PROJECT DESCRIPTION: The proposed project will include a constructed stormwater
wetland (CSW) which will add storage to the stormwater system while providing habitat and
ancillary water quality benefits such as sediment removal, and a suite of culvert and channel
improvements along Maluli Drive to reduce the occurrence of roadway flooding, enhance
Public safety, reduce erosion, and improve overall stream hydrology in the lower watershed.
The proposed stormwater wetland will be constructed adjacent to the existing wetland and is
designed to not impact current wetland flows. The existing wetland outlet invert will not be
altered, and the CSW outlet structure will also tie into this and discharge to Coon Creek
(Unnamed Tributary). Landscaping and planting after construction will follow appropriate
NCDENR Stormwater BMP Manual guidance as well as the City of Oxford's Landscaping and
Tree Preservation Requirements.
Improvements to Maid Drive include seven driveway /pavement repairs, replaced culverts of
varying diameters, *unction box installment, and bank stabilization by means of class 1 rip -rap
installation at the entrance and exit of the mentioned culverts. Eight properties along the west
bank of the unnamed tributary to Coon Creek will be temporarily impacted during construction
Proceedings. Construction equipment will likely include trucks, trailers backhoes cranes
concrete trucks, dozers, pavers and pump systems
PROPERTY OWNER: Jacoueline Serpent , City of Oxford
STATEMENT OF AUTHORIZATION: The City of Oxford Protect Engineer — Larry Thomas, PE
is listed as the applicant on the PCN application. Cameron Long PE from Dewberry Engineers
Inc. is listed as the Agent /Consultant. This statement is to authorize Larry Thomas and
Cameron Long to receive and communicate with appropriate agencies during the permit review
process to obtain the proper permits and documentation on behalf of the City of Oxford
Name of Applicant: Larry Thomas, PE — City of Oxford — City Engineer
Contact information provided on PCN application
Name of Agent /Consultant: Cameron Long. PE — Dewberry Engineers Inc. — Project Manager
Contact information provided on PCN application
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We herby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Auth Signa re
Date: _
AA��
t' U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2013 -01345 County: Granville U.S.G.S. Quad: NC- OXFORD
NOTIFICATION OF JURISDICTIONAL DETERMINATION
1, Property Owner: City of Oxford, City Engineer
Larry Thomas
Address: PO Box 1307
Oxford, NC, 27565
Telephone Number: 919.603.1113
Size (acres) N/A Nearest Town Oxford
Nearest Waterway Coon Creek River Basin Upper Tar. North Carolina.
USGS HUC 03020101 Coordinates Latitude: 36.308967
Longitude: - 78.560522
Location description: Study area along tributaries of Coon Creek from Williamsboro Street near Oxford Loop
Road (US 158) downstream to the western side of Maluli Drive, northeast of Oxford, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
M determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district
for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
M
JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Page 1 of 2
Action Id. SAW- 2013 -01345
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Eric Alsmever at 919- 5544884 x23 or
Eric .C.Alsmeyer(a,usace.armv.mil.
' C. Basis For Determination: The project area contains stream channels of unnamed tributaries of Coon Creek, with
indicators of ordinary high water marks, and abutting wetlands. Coon Creek is a tributary of Fishing Creek and the Tar
River. The Tar River is a Section 10 Navigable Water.
D. Remarks: This JD was confirmed by field inspection on 8/8/2013. The drawing on the attached Sheets 1 and 2,
"Wetland Exhibit Overall" and "Wetland Exhibit ", dated 7/19/13 (revised after 8/8/13 per 8/9/13 e- mail), generally depicts the
jurisdictional waters of the US within the subject study area.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the lirruts of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland deterrrunation from the local office of the Natural Resources
Conservation Service, prior to starting work.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
' correspondence. **
Corps Regulatory Official:
rP g ry
' Date: November 21, 2013 Expiration Date: Not applicable for Preliminary JD
I 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 attached customer Satisfaction Survey or visit ht02:11 per2.nwp.usace.a»nv.mil /siirvev html to
complete the survey online.
ICopy furnished:
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Dewberry
'
Briana Bill
551 Piney Forest Road
Danville, VA 24540 -3353
434.549.8494
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11
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: City of Oxford, City Engineer
File Number: SAW- 2013 -01345
Date: November 21, 2013
Larry Thomas
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
® PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hq: / /www.usace.army.mil/inet /functions /cw /cecwo /reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
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SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFO
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Eric Alsmeyer
US Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RMATION:
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD -PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
of appellant or
For appeals on Initial Proffered Permits send this form to:
Telephone number:
District Engineer, Wilmington Regulatory Division, Attn: Eric Alsmeyer, 69 Darlington Avenue, Wilmington,
North Carolina 28403
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John E. Skvarla, III
Secretary
September 27, 2013,
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Danube Partners 141 LLC � 013
818 South White St.
Wake Forest, NC
Subject: Surface-WaterjUtermination Letter
NBRRO# 273
Granville County
Determination Type:
Buffer Call
Isolated or EIP Call
NCDENR
North Carolina Department of Environment and Natural Resources
❑ Ephemeral /Intermittent/Perennial Determination
Division of Water Resources
Pat McCrory
Water Quality Programs
Thomas A. Reeder
Governor
Director
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John E. Skvarla, III
Secretary
September 27, 2013,
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Danube Partners 141 LLC � 013
818 South White St.
Wake Forest, NC
Subject: Surface-WaterjUtermination Letter
NBRRO# 273
Granville County
Determination Type:
Buffer Call
Isolated or EIP Call
❑ Neuse (15A NCAC 21B .0233)
❑ Ephemeral /Intermittent/Perennial Determination
® Tar - Pamlico (15A NCAC 213 .0259)
❑ Isolated Wetland Determination
❑ Jordan 05A NCAC 2B .0267)
Project Name: Coon Creek Stormwater Improvement Project- Proposed _CSW
Location/Directions: The City of Oxford is planning to construct/create a stormwater wetland
to help abate flooding - Near Junction of Maluli Drive and Williamsboro
St
Subject Stream: Unnamed tributary to Coon Creek
Determination Date: 20 Sept. 2013 Staff: Danny Smith
Feature E/UP* Not Subject Start@ Stop@ Soil USGS
Subject Survey To o
' A wetland I x X
*E111P = EphemeraUlntermittendPerennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake 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 Resources
(D WR).
'Aturtilly one hCarolina
North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone (919) 7914200
'Internet: www ncwatergualitv.ora Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunely /Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Coon Creek Stormwater Improvement
Vance County NBRRO #273 ,
September 27, 2013
Page 2 of 2
1
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 DWR or Delegated Local Authority may request a determination by the '
Director. An appeal request must be 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 c/o Karen Higgins, DWR, 1650 Mail Service Center, Raleigh, NC
27699. ,
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days. I
The owner /future owners should notify the Division of Water Resources (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 Resources (Central Office) at (919 )-807 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919) -554 -4884.
If you have questions regarding this determination, please feel free to call me at (919) 7914200. '
Respe fully, 1
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Danny Smit Supervisor
Water Quality Section '
Raleigh Regional Office
cc: RRO /SWP Frile Copy '
Q meron Long = Dewberry Enginee'rs"Inc, 551=Piney-Forest Road, Danville,- V-irginia-14540 �
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