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HomeMy WebLinkAbout20060357 Ver 1_dwq 401 permit_20211216C)� W A Mr. Roger Hunt Pierce Homes of Carolina 335 South Swing Road Greensboro, NC 27409 Michael F. EasIey, Governor William G. Ross Jr., secretary Department of Environment and Natural Resources Iala�'u1Jt 9 Alan W. Klirnelt, P.E. bisector APR q 2006 Division of Watcr Quality DENR-WtA7TFJ1C;V;..t.ltY March 27, 2006 V,MVID3AND sFc�^�A+ AA� rm DWQ# 06-0357 Alamance County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Hunt: Pierce Homes of Carolina has our approval, in accordance with the attached conditions, to place permanent fill in 234 linear feet of perennial stream, in 217 linear feet of intermittent stream, and in 0.08 acre of wetlands in order to construct six road crossings for the Autumn Trace residential subdivision located on N.C. Highway 119, in Swepsonville, Alamance County, as described in your application received by the Division of Water Quality (DWQ) on March 6, 2006. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html.. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Amount Approved Plan Location or Reference Streams 451 linear feet Five unnamed tributaries to Haw Creek located near N.C. Highway 119 in Swepsonville, Alamance County as depicted on the project site plan included with the application North Carolina Division of Water Quality Wetlands Ccrtifica:ion Unit 1650 Mail Service Centcr Raleigh, NC 27699-1650 Phone (919) 733-1796 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet hVo8:wyw.ncwaferQua1itY.orQ Customer Service Number: 1-877-623-674 B An Equal Oppartuniy/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Roger Hunt Page 3, DWQ# 06-0357 March 27, 2006 are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below the location of each culvert. The culverts shall be designed and installed to prevent head cutting of any stream. If a culvert becomes perched, the appropriate stream grade shall be re-established or, if a culvert is installed in a perched manner, the culvert shall be removed and re -installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of a culvert). 7. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing. 9. Stonnwater collected from this residential subdivision must not be discharged directly into any stream channel. All stormwater discharges shall be Iocated no closer than fifty feet from any stream. All stormwater discharges shall be fitted with plunge pools and level spreaders to allow energy dissipation and the generation of sheet flow prior to the stormwater entering the riparian buffer of any stream. 9. All construction activities associated with this project shall minimize built -upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. 10. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please seed photographs upstream and downstream of each culvert site to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 15013 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing_ This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336- 771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Alan W. Klimek, P.E. Mr. Roger Hunt Page 4, DWQ# 06-0357 March 27, 2006 AWKlcdl Attachments cc: Mr. Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office DWQ, Winston-Salem Regional Office Central Files Wetlands1401 File Copy Mr. Chris Huysman, Wetland and Natural Resources Consultants, Inc., P. O. Sox 224, Newton, NC 28658 d5RO 401 GWQC Authorizations Subject: WSRO 401 GWQC Authorizations From: Daryl Lamb <Daryl.Lamb@ncmail.net> Date: Wed, 29 Mar 2006 10:09:22 -0500 To: Ian McMillan <Ian.McMillan@ncmail. net> CC: Laurie J Dennison <Laurie.J.Dcnnison@ncmail.net> Ian and Laurie, The following 401 authorizations have been issued by WSRO: 06-0196: The Preserve at Winkler's Creek (Watauga), issued 03/20/2006; 06-0206: Stratford Centre - Stormwater Ponds (Forsyth), issued 03/13/2006; 06-0262: Twin Creeks Subdivision (Rockingham), issued 03/14/2006; 06-0299: Forsyth Country Club - Maintenance Road (Forsyth), issued 03/ 13/2006; 06-0357: Autumn Trace Subdivision (Alamance), issued 03/27/2006; 06-0379: Cane Creek Stream Restoration - NC EEP (Alamance), issued 03/15/2006; 06-0391 Meadowfield Subdivision (Davidson), issued 03/27/2006. The following 401 applications have been placed on hold: 06-0387: Rendezvous Mountain - Purlear Creek Stream Restoration (Wilkes), placed on hold 03/27/2006; 06-0427: Buckeye Creek Subdivision (Watauga), placed on hold 03/27/2006; 06-0436: Savanna's Run Subdivision (Guilford), placed on hold 03/28/2006. Best regards, Daryl Daryl Lamb NC DENR Winston-Salem Regional Office Division of Water Quality Winston-Salem, NC 27107 Voice: (336) 771-4959 FAX: (336) 771-4630 Daryl Lamb <Daryl.Lamb cRNCmail.net> WSRO NC DENR 060196.doe Content -Type: application/msword Content -Encoding: base64 Content -Type: application/msword 060206.doc Content -Encoding; base64 060262.doc Content -Type: application/msword Content -Encoding: base64 1 of 2 3/29/2006 10:15 AM WSRD 401 GWQC Authorizations 060299.doc Content -Type: application/msword Content -Encoding: base64 060357.doc I Content -Type: application/msword Content -Encoding. base64 060379.doc Content -Type: application/msword ! Content -Encoding: base64 060391.docContent-Type: application/msword , j Content -Encoding: base64 j Content -Type: application/msword 1?urlear Creek Stream Restoration Hold Letter (06-0387).doe Content -Encoding: base64 Content -Type: application/msword Buckeye Creek Subdivision Hold Letter (06-0427).doe Content -Encoding: base64 Savanna's Run Subdivision Hold Letter (06-0436).dac Content -Type: application/msword Content -Encoding: base64 2 of 2 3/29/2006 10:1 S AM Attn: Chri., Huysman RE: Autumn Trace Subject- Attn: Chris Huysman RE: Autumn Trace From: Laurie Dennison <1 aurie.j.dennison@ncmail, net> Date: Tue, 07 Mar 2006 08:44:26 -0500 To: %vnrinc@aol.com I am in need of an individual's name associated with Pierce Homes (as permit owner/applicant) to enter Autumn Trace project into the DWQ database, Please reply to this email with that information at your earliest convenience. The payment fee and agent authorization has been received; however the owner/applicant name on the form was not legible. Thank you, Laurie Dennison Administrative Assistant DENR-DWQ Wetlands/401 Unit 1 of 1 3/7/2006 8:44 AM a�X- T 0L9-03sl Roger Hunt Pierce Homes 908 McClellan Place Greensboro, NC 27408 INVOICE Project: Autumn Trace Subdivision 0� 7. OCT 1 4 ZOD6 DENR - tiVATcrR QUALITY WE-Tt;,!:02 taro 5TC'z1X,'iATER rMANCIl October5, 2006 DWQ#: 06-0357 USACE#; 2005-20146 County: Alamance You have elected to satisfy the compensatory mitigation requirements of the Section 404 permit issued for the above referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A NCAC 214.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly Williams at 919-716-1921. Stream 234 linear feet x $ 232.00 $54,2S8.00 Total amount of payment $54,288.00 Please mail a check made payable to "North Carolina Ecosystem Enhancement Program" for the total amount to the address below. NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM ENHANCEMENT PROGRAM PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Cindy Karoly, DWQ-Wetlands/401 Todd Tugwell, USACE-Raleigh Daryl Lamb, DWQ-Winston-Salem File A"t'orI8 -- 'E... Prot`EG�, 01,LY StA& VCdENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715.0476 / www.nceep.net Triage Check List Date: 3/08/06 Project Name: Autumn Trace DWQ#: 06-0357 County: Alaimance To: Daryl Lamb, Winston-Salem Regional Office 60-day processing time: 3/06/06 -- 5/06/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ❑ Stream Iength impacted ❑ Stream determination Wetland determination and distance to blue -line surface waters on USFW topo maps ❑ Minimization/avoidance issues ❑ Buffer Rules (Neuse, Tar -Pamlico, Catawba, Randleman) ❑ Pond fill Mitigation Ratios Ditching ❑ Are the stream and or wetland mitigation sites available and viable`? ❑ Check drawings for accuracy ❑ Is the application consistent with pre -application meetings? ❑ Cumulative impact concern El Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! Re: Attn' Chris HUysman RE: Autumn Trace Subject: Re: Attn: Chris Huysrnan RE: Autumn Trace From: WNRINC@aol.com Date: Wed, 8 Mar 2006 06:34:13 EST To: laurie.j.dennison@ncmail.net 2 0 0 6 0 3 5 7 The name on the Agent Authorization is Roger Hunt. Thanks, Chris Huysman In a message dated 3/7/2006 8:44:47 AM Eastern Standard Time, Iaurie.j.dennison@ncmail.net writes: I am in need of an individual's name associated with Pierce Homes (as permit owner/applicant) to enter Autumn Trace project into the DWQ database. Please reply to this email with that information at your earliest convenience. The payment fee and agent authorization has been received; however the ownerlapplicant name on the form was not legible. Thank you, Laurie Dennison Administrative Assistant DENR-DWQ Wetlands1401 Unit 1 of 1 3/842006 6:59 AM Pierce Homes of Carolina 908 McClellan Place Greensboro, NC 27409 Project. Autumn Trace r 1.Eco ste_ m , PriOGRAM May 15, 2006 County: Alamance TDLGQ 2-CC(-0�51 C-P Fo2- RC@tR0dCP MAY 3 0 2006 OENR - WATER QUALITY WETIMOS tM STOM,tPMATER l3RMCH The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project, Please note that this decision does not assure that the payment 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Pcrmit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Ri arian on-Ri arian Coastal Marsh Cold Coo] Warm Cape Fear 0 0.08 r 0 0 0 234 0 0 03030002 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone I at a 3: t ratio and Zone 2 at a 1.5.1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or401 Water Quality Certification, and/or LAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Chris Mankoffat (919) 716-1921. Sincerely, rilliamD. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/4ol Unit Todd Tugwell, USACE - Raleigh Darryl Iamb, DWQ Regional Office — Winston-Salem File AeS Oring... EC e ... Prot�Ctt'.�i� Our State, RA FCDE�R North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Wetland and Natural Resource Consultants, Inc.:=r: March 2, 2006 NCDWQ Attn-. Ms. Cyndi Karoly 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 RE: Pierce Homes - Autumn Trace F@201620 Swepsonville, Alamance County, North Carolina Permit Application MAR 6 1006 il, f? i i(VAAIf ftlry � W�rli Ms. Karoly: �, ,4 r• Attached is the Pierce Homes - Autumn Trace permit application that was received in your office on February 14, 2006. The requested agent authorization and $475 certification fee are also attached. We apologize for the inconvenience. Feel free to call with questions. Best regards, h� 'lp hris Huysman 828-320-8120 Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 1 828-648-8802 Fax W A a Y Michael F. Easley, Governor William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources CERTIFIED MAIL: RETURN RECEIPT REQUESTED Wetland and Natural Resources Consultants, Inc. 03 Attn: Chris Huysman PO Box 224 Newton, NC 28658 ,flan W. Klimek, P.E,, Director Division of Watcr Quality February 15, 2006 Alamance County Subject Property: Autumn Trace Dear Mr. Huysman: On February 14, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on behalf of Pierce Homes — Autumn Trace for a 401 Water Quality Certification in Alamance County, North Carolina. Your project has been returned for the following reason: 1. Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require requires written concurrence and fee for this Certification from DWQ. The Autumn Trace project is impacting 451 linear feet of perennial/important, intermittent/unimportant of stream. 2. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. Please make that check payable to the NC Division of Water Quality in your response. 3. Please supply agent authorization form to show an individual's name associated with Pierce Homes as Owner/Applicant. If you have any questions, please contact Ian McMillan or me in the Centrat Office in Raleigh at (919) 733-1786. Enclosure: cc; File Copy Application package returned N. C, Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Centcr, Ralcigh, NC 27699-1650 (Mailing Address) 2321 Crsbtree Blvd,, Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6993 (fax), (httn:��h?n.ear.aaic.nc.us ncurtlnn�js) Customer Service q 1-877-623-6743 ercly 1`? Cyndi Kamly V AMmnTrace Picrcc Homes_Agcnt Fotm_Fcc NCDENR { 01 —Ec0system , l� r -I-j PROGRAM February 1, 2006 Chris Huysman Wetland & Natural Resource Consultants, Inc. P.O. Box 224 Newton, NC 28658 Project: Autumn Trace County: Alamance The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If ive have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CA-NIA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer -Buffer Cataloging (Acres) (Linear Feet) Zone I Zone 2 Unit (Sq_ Ft) (Sq. Ft.) Riparian Non -Riparian Coastal Nlarsh Cold Cool Warm Cape Fear 0 0 0. 0 0 300 0 0 03030002 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5: l ratio). The type and amount of the corn nsatary mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CANIA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-2223, Sincerely, 'g , rilliam. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACE - Raleigh Darryl Lamb, DWQ Regional Office — Winston-Salem File W.NJAViv R,"t7oYGk�j... F ... Prot" Our fta& NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / wwvv.nceep.net Michael F, F=ley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality February 15, 2006 Alamance County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Wetland and Natural Resources Consultants, Inc. Attn: Chris Huysman PO Box 224 n ' Newton, NC 28658 Subject Property: Autumn Trace Dear Mr. Huysman: On February 14, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on behalf of Pierce Homes — Autumn Trace for a 401 Water Quality Certification in Alamance County, North Carolina, Your project has been returned for the following reason: 1. Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require requires written concurrence and fee for this Certification from DWQ. The Autumn Trace project is impacting 451 linear feet of perennial/important, intermittent/unimportant of stream. 2. Please note that beginning January 1, 1999, the N.C. General Assembly passed Iegislation requiring payment of a fee for all 401 applications. For projects impacting one or more acres of wetland or. 150 or more feet of streams, the fee is $475. Please make that check payable to the NC Division of Water Quality in your response. 3. Please supply agent authorization form to show an individual's name associated with Pierce Homes as Owner/Applicant. If you have any questions, please contact Ian McMillan or me in the Central Office in Raleigh at (919) 733-1786. Enclosure: cc: File Copy Application package retumed zely ,o P-L�-Cyndi xaroly Autumn Tmce_Pi tree Homes Agent Form —Fee N. C. Division of Water Quality, 401 Wctlands Certification Unit, 1650 Mail Scrvicc Center, Raleigh, NC 27699-1650 (Mailing Address) 232E Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fan),(hit na/h2o.cnr.stale. ncros/ncwctlInds ] Customer Service #: 1-877-623-6743 , - BAR � WIN � . WASi+R QUA � �,Rpt�GN ,�.. ; .. ► . Wetland and Natural Resource Y+ Consultants, Inc...:; Raleigh Regulatory Field Office US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road, 5uite 120 Raleigh, North Carolina 27615 RE: Pierce Homes - Autumn Trace Swepsonville, Alamance County, North Carolina Permit Application Mr. Tugwell February 2, 2006 FEB J I 4 2006 1 �ND5 BT�� RJ I�V�cN A Nationwide Permit 39 is requested for minimal wetland and stream impacts associated with the Autumn Trace Development, The project consists of impacting 234 linear feet of an unnamed tributary to the Haw Creek and 0.0746 acres of wetlands to provide road crossings, In addition, 217 linear feet of impact will occur to intermittent unimportant streams. Mitigation is proposed to be purchased into the North Carolina Ecosystem Enhancement Program. A request for 234 linear feet of impact was sent to NC EEP to mitigate for the perennial stream impacts. Preservation of approximately 1500 linear feet of the remaining streams on the site is proposed for the balance of the mitigation for the impacts to the streams. Please call me at 828 / 320-8120 if you have any questions regarding this application. Best regards, CML, '�tLiD nu�,tt Chris Huysman Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 1 828-648-8802 Fo� MAR 6 NN6 DENR - WATER QUALITY V&TLANDS AN4 SToNOATER BRANCH Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ,0057 (If any particular item is not applicable to this proiect, please enter "Not Applicable" or "NIA".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ❑ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check mere: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ II. Applicant Information fjn� I. Owner/Applicant Information �u V Name: See attached agent_ authorization form Mailing Address: FF8 1 4 2006 Telephone Number: Fax Number: 4z4b a; i Y AT ITy R TF� E-mail Address: BRANCH 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Huysman Company Affiliation: Wetland and Natural Resource Consultants, Inc Mailing Address: PO Box 224 11 South College Avenue Newton. NC 28658 Telephone Number: 828-320-3120 Fax Number: 828-465-3050 E-mail Address: wnrincnaol.com III. Project Information Attach a vicinity :nap clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property Page I of 8 boundaries and development plans in relation to surrounding; properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USAGE requires information to be submitted on sheets no larger than i 1 by 17-inch farmat; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Autumn Trace 2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA 3. Property Identification Number (Tax PIN): 8493908182 4. Location County: Alamance; Nearest Town: Swepsonville Subdivision name (include please/lot number):N/A Directions to site (include road numbers/names, landmarks, etc.):Take Highway 54 soutli from Interstate 40. Site is at the intersection -of Highway 54 an_d_Hit*hway 119. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.0281°N 79.3359°W 6. Property size (acres): 126.62 acres 7. Name: of nearest receiving body of water: Haw Creek River Basin: Cape Fear (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property is old farm land and some forest land. Describe the overall project in detail, including the type of equipment to be used: Roads will be built usinu headwalls at each crossing to minimize impacts. Tvnical earth moving equipment will be used including but not limitted to bulldozers and dumptrucks. Explain the purpose of the proposed work: Roads need to be built to access higharound and to develop the property. Page 2 of 3 IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the. same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application_ N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate slieet. Provide a written description of the proposer/ impacts:_ Minimal wetland impacts will occur from Fill for roads, and 234 linear_ feet -of perennial stream will be impacted from piping For roads. Some intermittent unimportant stream lengths will also be impacted from piping Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc,) Located within I00-year >'loodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Wetland I fill for road wetland seep no 50 0.0645 Wetland 3 fill for road wetland seep no 50 0.0101 Page 3 of 8 Total Wetland Impact (acres) 10.0746 2, List the total acreage (estimated) of all existing wetlands on the property: 0.294 acres 3. IndividuaIly list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip -rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma Stream Name Type of Impact perennial t? intermittent. Average Stream Width Before Impact Impact Length (linear Feet) Area of Impact (acres) Stream I UT Haw Creel: pipe/rip-rap perennial 3 s0 M055 Stream 2 UT Haw Creek pipe/rip-rap perennial 3 72 0.0050 Stream 3 UT Haw Creek pipe/rip-rap perennial 3 82 0,0056 Stream 4 UT Haw Creek pipe/rip-rap intermittent 3 77 0.0053 Stream 5 UT Haw Creek pipe/rip-rap intermittent 3 75 0.0052 Stream 6 UT Haw Creek pipe/rip-rap intermittent 3 65 0,0045 Total Stream Impact (by length and acreage) perennial important 234 0.0161 init termtent unimportant 217 0.015 Total 451 0.031 1 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name p Waterbody (if applicable) Type of Impact YP P Type of Waterbody fake, pond, estuary, ( P sound, bay, ocean, etc.) Area of Impact (acres) N/A NIA NIA NIA N/A Total Open Water Impact (acres) NIA 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Page 4of8 Stream Impact (acres): perennial important 0.0161 intermittent unimportant 0.015 Total 0.0311 Wetland Impact (acres): 0.0746 Open Water Impact (acres): NIA Total Impact to Waters of the U.S. (acres) 0.1057 Total Stream Impact (linear feet); perennial important 234 intermittent unimportant 217 Total 15 [ 6. Isolated Waters Do any isolated waters exist on the property? ❑ Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. NIA 7. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: NIA Expected pond surface area., -N/A VII. Impact Justification (Avoidance and N inimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts are necessary to access hiaharound. Three out of the six road crossines occur on intermittent unimportant streams. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 5 of 3 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE — in accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating,, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application tacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http,//h2o.enr.state.nc.us/ncwetlands/strmgide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is proposed by purchase into the NC EEP. An application was sent to NC EEP on J_anuary 23, 2006, 1500 linear feet of remaining stream reaches on the property will be preserved. Mitigation may .also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2c.enr.state.ne.us/wrp/index.htm. if use of the NCEEP is proposed, please check the appropriate box on page Eve and provide the following information: Amount of stream mitigation requested (linear feet): 234 Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non -riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (fed eral/statc/l ocal) funds or the use of public (federal/state) land? Yes ❑ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No ❑ 3. If yes, has (lie document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the: accompanying; site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. I. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neese), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A)? Yes ❑ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 N/A 3 (2 for Catawba) N/A 2 1.5 Total I Zone 1 extends out 30 feet perpendicular From the top or the near bank orchanncl; Zone 2 extends an additional 20 Iect from the edge or Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or .0244, or .0260. NIA XI. Stormwater (required by DWQ) Page 7 of 3 Describe impervious acreage (existing and proposed) versus total acreage on the site, Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious area onsite is 28.0%_ See attached map for calculations. X1I. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Existing sanitary sewer will be utilized. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (I5A NCAC 2H .0500) or, any Buffer Rules? Yes ❑ No Is this an after -the -fact permit application? Yes ❑ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated Future impacts) result in additional development, which could impact nearby downstream water quality'? Yes ❑ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr_state.nc.us/ncwetlands. If no, please provide a short narrative description: Nothing, - about the project is a catalyst for new development. since none of the infrastructure grovides services to the surrounding, area. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). NIA 'F� 7�0(0 Applicait/Agent's Signature DatcU (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 c, _ � �$ 4k170NY? N1MOX SON 095 k31tl9 •f� € ..i AI MA0737NVHY 7Y' dimsmmol Hog motel CON 6I1 J.V1�N91H i; � 37V2E1 NWAiflb � O ® pv a / o IV o V 333111{{{ � �s�p� N K� ':;eiiand and Natural RasaulcO �RSUItonf3. 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NC40 n Ne m NC :38au ;794aeaf3A I a:n-+a5=1 I d:S-i+t38B�' .yF =2 4szoso N. MEN - MAR 6 2000:^�. r D NR WATER QUALITY r� D STORtANATER BRAtdCH :r. Wetland and Natural Resource Consultants, Inc.-'':�'; February 2, 2006 Raleigh Regulatory Field Office US Army Corps of Engineers Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 RE: Pierce Homes - Autumn Trace Swepsonville, Alamance County, North Carolina Permit Application Mr. Tugwell R1R@MDWF=P FEB 1 4 2006 DENR - WATER QUALITY WETLANDS AND STOMAT€R BRANCH A Nationwide Permit 39 is requested for minimal wetland and stream impacts associated with the Autumn Trace Development. The project consists of impacting 234 linear feet of an unnamed tributary to the Haw Creek and 0.0746 acres of wetlands to provide road crossings. In addition, 217 linear feet of impact will occur to intermittent unimportant streams. Mitigation is proposed to be purchased into the North Carolina Ecosystem Enhancement Program. A request for 234 linear feet of impact was sent to NC EEP to mitigate for the perennial stream impacts. Preservation of approximately 1500 linear feet of the remaining streams on the site is proposed for the balance of the mitigation for the impacts to the streams. Please call me at 828 / 320-8120 if you have any questions regarding this application. Best regards, CML,-LL{�L1IiLc�.il Chris Huysman ' Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fox 1 828-648-8802 Fox 1 MAR 6 2006 tti rw r AM unwcH Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. tit any pamctnar Urn 15 not appiicaDIC ro MIS project, piease enter N01 Appucaole" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ❑C Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ❑ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:39 3. if this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ 11. Applicant Information Owner/Applicant Information RIN&ROWRY Name: See attached agent authorization form Mailing Address: FEB Y 4 2006 Telephone Number: Fax Number: E-mail Address: WETLANDS AND57oRlAVATEERBRRANCH 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Hu sman Company Affiliation: Wetland and Natural Resource Consultants, Inc Mailing Address: PO Box 224 11 South College Avenue Newton. NC 28658 Telephone Number: 828-320-8120 Fax Number: 828-465-3050 E-mail Address: wnrinc anaol.com III, project Information Attach a vicinity reap clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property Page t of 8 boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Autumn Trace 2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA 3. Property Identification Number (Tax PIN): 88939081 g2 4. Location County: Alamance Nearest Town: Swepsonville Subdivision name (include phase/lot number):N/A Directions to site (include road numbers/names, landmarks, etc.):Take Highway 54 south from Interstate 40. Site is at the intersection of Highway 54 and Highway 119. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing; of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.0281°N 79.3359°W 6. Property size (acres): 126.62 acres 7. Name of nearest receiving; body of water: Haw Creek 8. River Basin: Cape Fear (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:1/h2o.enr.state.nc.us/admin/maps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property is old farm land and some forest land. Describe the overall project in detail, including the type of equipment to be used: Roads will be built using headwalls at each crossing to minimize impacts. Typical earth moving equipment will be used including; but not limitted to bulldozers and dumptrucks. Explain the purpose of the proposed work: Roads need to be built to access _highground_and to develop the property. Page 2 of 3 Mr. Roger Hunt Page 2, DWQ# 06-0357 March 27, 2006 Amount Tp_pjr­o,_,(ed_7 Plan Location or Reference Wetlands 0.08 acre Minor wetlands located in the vicinity of two unnamed tributaries to Haw Creek located near N.C. Highway 119 in 5wepsonville, Alamance County as depicted on the project site plan 2. We understand that you have chosen to contribute to the North Carolina Ecosystem. Enhancement Program (NC EEP) in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the NC EEP receives and clears your check (made payable to: DENR — North Carolina Ecosystem Enhancement Program), stream, wetland, and buffer impacts (including fill) shall not occur at this site. Mr. David Robinson should be contacted at (919) 715-2228 if you have any questions concerning the Ecosystem Enhancement Program. You have thirty (30) days from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the permanent fill of 234 linear feet of perennial stream, 217 linear feet of intermittent stream, and 0.08 acre of wetlands in the Cape Fear River Basin, Cataloging Unit 03030002. Mitigation is required for permanent impacts to 234 linear feet of perennial stream. 3. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in 15,4 NCAC 02B .0211 Fresh Surface Water Quality Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 5. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 6. The culverts required for this project shall be installed in such a manner that the original stream profiles IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. NIA VI. Proposed Impacts to Waters of the United States[Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems_ Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. if this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Minimal wetland impacts will occur from fill for roads. and 234 linear feet of perennial stream will be impacted from Piping for roads. Some intermittent unimportant stream lengths will also be impacted from piping. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( eslno) Distance to Nearest Stream (linear feet) Area of Impact (acres) Wetland I fill for road wetland seep no 50 0,0645 Wetland 2 fill for road wetland seep no 50 0.0101 ?age 3 of 8 Total Wetland Impact (acres) 0,0746 2. List the total acreage (estimated) of all existing wetlands on the property: 0.294 acres 3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip -rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi ly length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Stream I UT Haw Creek pipe/rip-rap perennial 3 30 0.0055 Stream 2 UT Haw Creek pipe/rip-rap perennial 3 72 0,0050 Stream 3 UT Haw Creek pipe/rip-rap perennial 3 82 0.0056 Stream 4 UT Haw Creek pipelrip-rap intermittent 3 77 0.0053 Stream 5 UT Haw Creek pipelrip-rap intermittent 3 75 0.0052 Stream 6 UT Haw Creek pipe/rip-rap intermittent 3 65 0.0045 Total Stream Impact b length and acreage) F [ Y �) perennial important 234 0,0161 intermittent unimportant 2 [7 0.015 Total 451 0.031 I 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name p Watble) (if applicable) Type of Im act YF P Type of Waterbody lake, and estuary, sound ba [ pond, rY� � Y� ocean, etc,) Area of Impact P (acres) NIA N/A NIA NIA NIA Total Open Water Impact (acres) NIA 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Page 4 of 8 Stream Impact (acres): perennial important 0.0161 intermittent unimportant 0.015 Total 0.0311 Wetland Impact (acres): 0.0746 Open Water Impact (acres): NIA Total Impact to Waters of the U.S. (acres) 0.1057 Total Stream Impact (linear feet): perennial important 234, intermittent unimportant 217 Total 451 6. Isolated Waters Do any isolated waters exist on the property? ❑ Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 7. fond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.). N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: NIA Expected pond surface area: N/A VII. Impact Justification (Avoidance and IMinimixation) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. impacts are necessary to access hh heround. Three out of the six road crossings occur on intermittent unimportant streams. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 5 of 8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse erects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order For USACE or DWQ to consider the application complete for processing. Any application lacking a requircd mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina.- available at http://112o.enr.state.nc.us/ncwetIands/stnngide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is proposed by purchase into the NC EEP. An application was sent to_NC_EEP_on January 23, 2006. 1500 linear feet of remaining stream reaches on the property will be preserved. 2. ]Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at littp:/Ih2o.enr.state.nc.us/wrp/index.litm. if use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 234 Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non -riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 3 IX. X. XI. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ❑ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No ❑ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter, Yes ❑ No ❑ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 23 .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A)? Yes ❑ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Miti;ation I N/A 3 (Z far Catawba) NIA 2 1.5 Total ' Zone I cxteuds out 30 lect perpendicular from the top of the near bank ofchannel; Zone 2 extends an additional 20 feet from the edge of Zone I. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration I Enhancement, or Payment into the Riparian Buffer Restoration Fund). PIease attach all appropriate information as identified within 15A NCAC 213.0242 or .0244, or .0260. N/A Stormwater (required by DWQ) Page 7 of 8 Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious area onsite is 28.0%. See attached trap for calculations. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition, (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Existing sanitary sewer will be utilized. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No Is this an alter -the -fact permit application? Yes ❑ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality'? Yes ❑ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http.-//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Nothing about the proiect is a catalvst for new development. since: none of the infrastructure provides services to the surrounding area. XV. - Other Circumstances (Optional): It is the: applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A - 13 �7,C) 0 (a Applicant/Agent's Signature Dateu (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 .1co stem ... �,.� 1. PROGRAM February 1, 2006 Chris Huysman Wetland & Natural Resource Consultants, Inc. P.O. Box 224 Newton, NC 23658 Project: Autumn Trace County: Alamance The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (INC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter, if we have not received a copy of the issued 404 Permit1401 Certification within this time Frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CANIA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian arian Non -Riparian Coastal Marsh Cold Cool Warm Cape Fear 0 0 0 0 0 300 0 0 03030002 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone I at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 40t Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 7I5-2228. Sincerely, <Z�L 01J �illiwnD, Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACE - Raleigh Darryl Lamb, DWQ Regional Office — Winston-Salem File Prat" our it -ate, NCDENR Borth Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net Al� Q rN17071Y7 N[M09 'O NOBSx33av � 6 � Al xN0737NY NY IY'dI NS NMOI Nn Sd NOxA A bll aYMN91N III _ 30d21i tiWniflb All N 0 CP) 1oJ It 3_7P:-2y:---JI,S� s� , '::etlana and Natural Rosourca ;�• =. I C ansultariM. I n c. Cz r_�e x of the Army �iklrl,nxmn :�sa`r C.�r: ar _no,.�err: A�-e Can'i,ily, C: rer Revu=r• Clymer. PO Box ' e9P-''N4mm,g%cn- Camilla. NC Cv,s:un of'rYzrer CLalic`r �'Vec-,.res -AI: Attu: C fr•,1i Karcly L-21 C: sctrne Blvd. Rzir.,gh. Nor ! 7.:ra,ArY.'.�^.:�—.2e; I. 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