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HomeMy WebLinkAbout20060771 Ver 2_Application_20070807~~ o t_o - o ~ ~- v 2 ROBIN HAYCOCK 5409 NEW REBEL COURT, YOUNGSVILLE, NC 27596 ~~919) 418-7645 ,' Au t 1, 2007 ~~ ~ ~ ~ ~~~ ~ ~ R'JG 7 - Z00~ Mr. Ian MacMillan 401 Oversight/express Review Permitting Unit C~EI~k - wA1~~R o'~~'~ QTY 4VETLAtdD AID STORPA~~+ATER BRANCH 2321 Crabtree Boulevard, Suite250 Raleigh, NC 27604 Subject: Revised PreconstructionNotifieation Application for Celebrity Dairy Irrigation Pond, Chatham County. DWQ #06-0771, USACE Action ID #200620797. Deaz Mr. MacMillan: For the sake of clarification, I have included the sequence of events that have occurred to date on the proposed project. We have had some significant delays due to surveying and resurveying the locations of the proposed dam and jurisdictional limits. On May 3, 2006, a Preconstruction Notification for a Nationwide Permit # 40, Agricultural Activities and the corresponding Division of Water Quality (DWQ) Water Quality Certification (WQC) # 3364, was submitted to the United States Army Corps of Engineers (USACE) and to the Division of Water Quality (DWQ) for review. At that time a $275 fee was paid to DWQ for review of the permit application. On May 8, 2006, an additional $200 was paid to elevate the application for a Major Permit. On May 25, 2006, DWQ authorized project under WQC #3364 as DWQ Project # 06-0771 with 848 feet of impacts to an intermittent stream. However, only 149 lineaz feet of fill or discharge in the stream channel by the construction of the dam was proposed at the time, with the remaining 699 lineaz feet being inundated by the pond, but not filled or impacted. On May 31, 2006, Mr. Todd Tugwell, (t1SACE Regulatory Field Officer) conducted an on-site stream assessment and the stream call was re-evaluated and the proposed dam was shifted approximately 150 feet upstream. This dam was shifted in order to effectively minimize and avoid impacts to the jurisdictional stream in question. Since the drainage area for the pond is estimated to be only 200 acres, it is not feasible to move the proposed pond any further upstream, above the junction of two tributaries, and still be able to fill the pond. Mr. Tugwell advised us at that time to change the application to request a NWP #39, for Residential, Commercial and Institutional Activities instead ;,f N~TP #40 for Agricultural Activities. (Shortly thereafter, Mr. Tugwell then left the USACE for another job.) I have included a revised map with the new dam location shown and documentation of the stream re-evaluation. On January 18, 2007, Ms. Cyndi Karoly of DWQ agreed to reissue the 401 Water Quality Certification for the NWP #39 instead of the original NWP #40. (See attached email.) We therefore request a WQC #3402 to correspond to the NWP #39 issued by the USACE. ~n Mazch 14, 2007, Mr. Monte Matthews of the Raleigh office of the USACE issued a NWP 39 authorization for Residential, Commercial and Institutional Developments for the subject project, and the expiration date of the verification was Mazch 18, 2007, due to reissuance of the NWP program. Since a significant amount of resources had already been invested at that time, the actual expiration date is one yeaz later, effectively March 18, 2008. On March 21, 2007, DWQ representative, Ms. Lauren Cobb also visited the site to conduct a stream determination. On March 22, 2007, I received documentation of that stream determination from DWQ representative, hls. Lauren Cobb. According to Ms. Cobb's determination and flag locations, construction of the proposed dam will result in 149 lineaz feet of fill to a perennial stream, and will cause the inundation of 490 lineaz feet of perennial stream channel and approximately 1230 Linear ~t of intermittent stream channel. (See attached letter and map.) Enclosed is the revised Preconstruction Notification (PCN) application package with the attendant maps and documentation required to re-initiate review of the subject property for issuance of DWQ Water Quality Certification #3402. The proposed Celebrity Dairy dam project will fill 149 feet of perennial stream channel for the purpose of constructing the dam, and will inundate approximately 13001ineaz feet of perennial stream channel for an agricultural irrigation pond. We have included seven paper copies for your review. Celebrity Dairy Farm and Inn is located in Chatham County, west of Pittsboro, approximately two miles north of US 64 on SR 1504 (Mt. Vernon-Hickory Church Road). The proposed 14.9 foot tall dam is located on an unnamed tributary to Dry Creek, which drains to the Haw River in the Cape Feaz River Basin. The project consists of the construction of an earthen dam and pond on a site that has current land use of dairy pastures, natural pine and hardwood regeneration, and recently planted loblolly pine seedlings. The proposed delineations have determined that no wetlands aze logat d a of approximately 200 acres. Wetlan within the impact limits of the proposed project. The dam is needed to water livestock for the-d?~_ry opea'ation, and to irrigate crops. Current wells for the existing Bed and Breakfast operation and existing dairy operation aze not sufficient for crop irrigation and livestock needs, or fire protection for the Inn. Please review the enclosed revised application and contact us if you have any questions or need any additional information. You may contact Ms Robin Maycock at (919) 418-7645 or Ms. Ann Fleming Pfann at (919} 742-5176. We look forward to your response. S' ely, Ms. Robin Maycoc Cc: Ms. Ann Fleming Pfann, Proprietor, Celebrity Dairy and Inn Office Use Only: Form Version Mazch OS USACE Action ID No. DWQ No. ~ ~ " ~ r11 ~ Y 2 (If any particular item is not applicable to this project, please enter °NOt Appucaoie~~ or ..NiA~~.l 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: NWP 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 Dere: ~ ~~,-~ ' ~~'' ~, II. Applicant Information AU G 7 - 200 l 1. Owner/Applicant Information Name: Ms. Ann Fleming Pfann °~~~ " ware Qu~urr ,• a oeNBEI lu~l8 ~T 'nRANLN Mailing Address: The Inn at Celebrity Dairy 144 Celebrit~Way Siler City NC 27344 Telephone Number: 919-742-5176 Fax Number: 919-742-1432 E-mail Address: TheInn ~celebritydairy com 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: _ --_-- Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 13 III. Project Information Attach a vicinity map 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 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 NRC5 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 cleazly defined. For administrative and distribution purposes, the USAGE 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: Celebrit~Dauy Pond 2. T.LP. Project Number or State Project Number (NCDOT Only): Not Applicable 3. Property Identification Number (Tax PIN): Pazcel ID# 0011719 4. Location County: Chatham Nearest Town: Siler City Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): from Siler Cites east on US 64, turn north on SR 1504 (Mt. Vervon Hickory Mt. Rd.~and proceed 2 miles, turn on Celebrity WaX 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): 35.7707 °N 79.3432°W 6. Property size (acres): 90.23 acres 7. Name of nearest receiving body of water: UT to D~ Creek (C; NSW; 16-34-(0.3~Z 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://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: pasture areas for live stock, pine and hardwood natural re eg neration, areas, merchantable timber harvested azeas Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: construct earthen dam and outfall structure through the use of earth moving equipment to produce an a~icultural pond 11. Explain the purpose of the proposed work: Pond is needed for irrigation for crops and livestock and for fire_protection 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. Previously requested authorization under NWP 40, Agritcultural Activities, and DWQ WQC #3364 on May 3, 2006, now reapplying under NWP 39, Residential, Commercial And Institutional Development and DWQ WQC #3362. 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. Possible need for road crossings - NWP 14... 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. Page 7 of 13 1. Provide a written description of the proposed impacts: 14.9 foot dam with 10 foot width at ton having,a 2 5.1 slope willproduce a dam with a footprint of (10' + (2.5)(13 + (2.51(13 10' + 37.5' + 37.5' = 84.75 feet plus 3 feet for outfall pines and 30 feet riprap apron downstream = TOTAL of 84.75' + 3' + 30' = 117.75' + 30' for riprap plunge pool = 147.75 feet = 148 feet total footprint of s ream im acp-- ~ - 2. 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 es/no) Distance to Nearest Stream linear feet Area of Impact (acres) 0 Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but aze 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 or Intermittent? Average Stream Width gefare hn act Impact Length linear feet Area of Impact acres A2 UT Permanent fill P 4 feet 149 0.014 UT inundation P 3 - 4 feet 1300 0.12 Total Stream Impact (by length and acreage) 1`~9 0.1334 5. 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 Name of Waterbody Type of Impact Type of Waterbody Area of Page 8 of 13 Site Number indicate on ma (if applicable) (lake, pond, estuary, sound, bay, ocean, etc. Impact acres Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act acres): 0.1334 Wetland Im act (acres): 0 O n Water Im act (acres): 0 Total Im act to Waters of the U.S. (acres) 0.1334 Total Stream Im act (linear feet): 1300 7. 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. 8. 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 ali that apply): ^ uplands ®stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): dam with spillway Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): livestock watering_and irrigation Current land use in the vicinity of the pond: pasture, cutover forest areas Size of watershed draining to pond: 202.6 ac. Expected pond surface area: 6.64 ac VII. Impact Justification (Avoidance and Minimization) 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. See attached narrative. Page 9 of 13 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 freshwater wetlands or greater than or equal to 150 lineaz 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 aze 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 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 far Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html. 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. Nat Applicable 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) 715-0176 to determine availability, and written approval from the NCEEP indicating that they aze 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://h2o.enr.state.nc.us/wrp/index.htm. 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 (lineaz feet): NA Page 10 of 13 Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Cazolina 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-SO$3 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 Seetion 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. (Meuse), 1 SA NCAC 2B .0259 (Tar-Pamlico), 1 SA NCAC 02B .0243 (Catawba) 1 SA NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 1. Will the project impact protected riparian buffers identified within 1SA NCAC 2B .0233 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* I ~^ Impact'+` I Multiplier I Required 3 (2 for Catawba) 1.S Total ~ ~ L * Zone 1 extends out 30 feet perpendicular from the top of the neaz bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. Page 11 of 13 3. 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 2B .0242 or .0244, or .0260. Not Applicable XI. Stormwater {required by DWQ) 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. Existing impervious surface areas consists of B&B dairy barns and associated out buildings on a 330 acre pasture/woodland site. The addition of the proposed dam and.pond will keep the site well below the 20 % impervious surface threshold. 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. Not Applicable 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 anafter-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 developmerrt, 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: 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 Page 12 of 13 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). "1 1 ~ ~ -~Applicant/ gent's Signature Date `~ (Agent's signature ' valid only if an authorization letter from the applicant is provided.) Page 13 of 13 O~O~ W AT ~RpG r ~ .~ ~ '< Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality March 22, 2007 Mrs. Fleming Pfann Celebrity Dairy 198 Celebrity Dairy Way Siler City, NC 27344 IPRRO 07-009 County: Chatham INTERMITTENT/PERENNIAL (UP) STREAM DETERMINATION Project Name: Celebrity Dairy Location/Directions: Site is located south of Silk Hope and east of SR 1504 Subject Stream(sl: UT to Drv Creek Date of I/P Determination(s): 3/21/07 Feature I/P Location of I/P Point NotesBasis for Call (Stream Form Rating, Biol. Indicators, Call* (GPS Points and/or etc.). Fla A P Flag A Below I/P Point: Crayfish, Gomphidae, Amphipoda, Isopoda, tadpoles, Ephemeroptera -Above l'JP Point: Am hi oda, Iso oda B P Flag B Below I/P Point: crayfish, Amphipoda, Isopoda, Tadpoles - Above UP Point: Am hi oda, Iso oda C I D P * I/P -Intermittent/Perennial This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local may request a determination by the Director. A request jor a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly ,DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, w~iirJi~attformr.~~3 ofshe~i w~: Caroline General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. NorthCarolina JVat~tra!!~ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service FAX (919) 571-4718 l -877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Post Consumer Paper vc~cui ny r c 3/22/07 Page 2 of 2 The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Offce) at (919)-876-8441. Respectfully, Lauren M. Cobb Environmental Specialist III CC: DWQ-RRO Files Central Files DWQ 401linit -Ian McMillan Robin Maycock Little, 5409 New Rebel Court, Youngsville, NC 2796 NorthCarolina ~Vatrrr~rllJ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enrstate.nC.us 1623 Mail Service Center Raleigh, NC 27699-1623 FAX (919) 571-3713 1-377-623-6743 An Equal OpportunitylAffirrnative Action Employer - 50% Recycledll0% Post Consumer Paper _. _ - . i _ ,~ _,- a ,; ~ _ a _ ~' c~L - - 564 o ~i 'i ~~i ~o 1333 C_---~' ;~,'~ 574 _ ...._. r _. _ ~' 589 _ ~ _ _ ~.~ -_ ~ -- -.. - - 5 :~' -.n _. ,, /_-___• _ .. o ii __. .o . a ~•' - - ~1 _,_ - _ -. - ~. _.. 1 _ 1555, ~~ _, ~p _ , 557 ; - u -. -- II - _. u tl ~.r - 11 640 _ -. -.. _ P - - _ 11 - _. _ - 11 ~ ~_ ii 1t O,~ r _ 6l2 U 11 u A~ _ n n ' II n II u _ 11', II - - COQ ' ' 11 _ - ~ _ \\ aM Silk"Hoe _ , - ~_,\ ri 654 p ! 1346 ~ `n rl c ... _: d It ~ 1P ^ _ .. 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SAW-2006-20797 County: Chatham USGS Quad: Silk Hope GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: The Inn at Celebrity Dairy Address: Ms. Ann Fleming Pfann 144 Celebrity Way Siler City, NC 27344 Telephone No.: 919-742-5176 Size and location of property (water body, road name/number, town, etc.): The protect site is located Celebrity Wa aonroximately 2 miles from the intersection with Mt. Vernon Mountain Road near Siler City, Chatham Count North Carolina and is identified as the Celebrity Dairy Pond. Aquatic features on site drain to Dry Creek in the Cape Fear River Basin. Description of proje:,ts are~and~ctivity: This-peranit verificaiioaallows for impacts to 0.078-acre (848 linear feet) of intermittent stream exhibiting unimportant aquatic functions during construction and flooding of a pond. A break-down of impacts associated with this proiect include 0.014-acre of stream channel (148 linear feet) proposed for direct fill for the dam, and 0.064-acre (7001inear feet) proposed for impact via flooding. Since this stream is assessed as not having important aquatic functions, no mitigation is required. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modii~ed terms and conaitions. i nc iistrict Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there sre say qurstios ~garding thic verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Monte Matthews. Corps Regulatory Official: Monte Matthews ~ Date: March 14, 2007 Expiration Date of Verification: March 18, 2007 Page 1 of Z ( l SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Robin Maycock Little 5409 New Rebel Court Youngsville, NC 27596 MSN Hotmail - ® Hatmail® From : Cyndi Karoly <cyndi.karoly~ncmail.net> Sent : Thursday, January 18, 2007 1:37 PM To : Robyn Maycock <environmental soluUons@hotmail.com> Subject : Re: Celebrity Dairy Pond This is fine - I just needed to be sure, so we're both only doing this once next week. Robyn Maycock wrote: Yage 1 of 1 We can get it out Cyndi: I can confirm that they are the same by sending you a copy of the original with the new version... or just in writing confirm it... which do you prefer? Thanks for your help - I know you are always very busy. Robin From: Cyndi Karoly < > To: Robyn Maycock < > Subject: Re: Celebrity Dairy Pond Date: Wed, 17 Jan 2007 16:39:15 -0500 I can re-issue it with the correct GC and NW referenced. Please confirm that your existing 401 is otherwise exactly the same, i.e. there is no revision in the impacts. Robyn Maycock wrote: Dear Cyndi: I have a question for you on DWQ Project # 06-0771, Celebrity Dairy Pond. I applied for a NW 40 /GC 3364 on May 19, 2006, for Agricultural Activities, for a pond for ag use. I paid $275. On May 25, DWQ issued a 401, without site review. On May 31, Todd Tugwell visited the site and stated that Z should have applied for a NW 39/GC 3362 - for a pond, and that for a NW 39 with less than 150 if of impact, no wetland impacts and no buffers, DWQ should not have charged a fee, and should have recieved a courtesy copy only. We adjusted the location of the proposed dam to minimize and avoid important stream impacts about 150 feet upstream. I would like to reapply for a NW 39 and GC 3362, but I do not feel that my client should have to pay a fee again. Granted mistakes were made, but I would hope that there is a way to work this out. The only changes in the application are due to minimization 6 avoidance... Please let me know what you think as soon as you can. Hope the holidays were good for you and yours! Robin The MSN Entertainment Guide to Golden Globes is here. Get all the scoop. Type your favorite song. Get a customized station. Try MSN Radio powered by Pandora. http://by 110fd.bay 110.hotmail.msn.com/cgi-bin/getmsg?curmbox=00000000%2d0000%2d0000%2d0... 1 /19/2007 ~. p +~i,,, ~ ~~F ,~ ~ .- -- ~~ "~ l ~ No. ~ ~4 0~1 ~ _ ._ a ~5 ~ FROM ~ /~~ C i w ~ - ~° ~~ QFOR REN O OLLARS QFOR /~~ W ,accr. Oca,s ~'f PAID FRO T CHECK DUE OOR ER ~ BY ,~ ROBIN HAYCOCK LITTLE 5409 NEW REBEL COURT, YOUNGSVII..LE, NC 27596 (919) 41 &7645 3anuary 26, 2007 Mr. Horny Matthews, Regulatory Field Officer U.S. Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh,'NC 27615 Subject: Revised Precanstruction Notification Application for Celebrity Dairy Irrigation Pond, Chatham County. DWQ #06-0 7 7 i, i3SACE Action ID #20"x620797. Dear Mr. Matthews: ,~ r ~. ji/11 As a result of on site review and discussion with I~fir:'Todd Tugwell, USACE~Regulatory Field OfEcer, on May 31, 2006, I have revised the subject Preconstruction Notification application to request a Nationwide Permit #39, for Residential, Commercial and Institutional Developments, and the corresponding Division of Water Quality Certification #3362. According to on-site discussion with Mr. Tugwell, I have re-evaluated the subject stream and impact area, and have shifted the proposed location of the dam for the proposed pond approximately 1 SO feet upstream This will effectively minimize and avoid impacts to the jurisdictional stream in question, where Mr. Tugwell made an importance call, based on aquatic crayfish and several small fish. I have included a revised map with the new dam location shown and documentation of the stream re-evaluation. Unfortunately, the perennial to intermittent transition point was not identified far enough upstream in October 2005, and when small fish and aquatic crawfish were observed on May 31, 2006, we both agreed that the stream idernification call needed to be revised Also, the original application requested a Nationwide 40 for Agricultural Activities, which apparently was incorrect. So, this letter constitutes a re-application for NWP #39 for the subject site. The Division of Water Quality (DWQ) approved the original water quality certification request on May 25, 2006 as DWQ Project # 06-0771 with 848 feet of impacts to an intermittent stream However, only 149 linear feet of fill or discharge in the stream channel by the construction of the dam was proposed at the time, with the remaining 699 linear feet being inundated by the pond, but not filled or impacted. It is our understanding that under NWP # 40, courtesy notification only is required by DWQ if the jurisdictional impacts are less than 150 linear feet. Under the current proposal, under NWP 39, permanent impacts to up to 3001ineaffeet are allowed without written concurrence being required from DWQ. Consequently, no fee should have been required under the previous application or under the current proposal. Ms. Cyndi Karoly of DWQ has agreed to reissue the 401 Water Quality Certification for the Nationwide Permit #39 instead of the original NWP 40. Enclosed is the subject Preoonshuction Notification (PCN) application with.the attendant maps and documentationrequired to re-initiate review of the subject property for issuance of Nationwide Permit 39, Residential, Commercial and Institutional Developrr-ents, and the corresponding DWQ Water Quality Certification #3362. The Celebrity Dairy Dam. Project wdl fill i48 feet of intermittent stream for. the purpose of construdmg the dam, and will inundate approxnmately 700 linear feet of intermittent stream channel for as agricultural irrigation pond We have included two paper copies for your review. Two courtesy copies have been sent to the Division of Water Quality 401 Certification Unit for review under WQC# 3362. ~ ~ , Project Des ion: Celebrity Dairy Farm and lsm is located in Chatham County, west of Pittsboro, approximately two miles north of US 64 on SR 1504 (Mt. Vernon-Hickory Church Road). The proposed 14.9 foot tall dam is located on an unnamed tributary to Dry Creek, which drains to the Haw River in the Cape Fear River Basin. 1'he project consists of the construction of an earthen dam and pond on a site that has current land use of dairy pastures, natural pine and hardwood regeneration, and recently planted loblolly pine seedlings. The proposed pond wdl be approximately 6.(r4 acres, with a drainage area of approximately 200 acres. Wetland delineations, have determir}ed that no wetlands are located within the impact limits of the proposed project. '~rSr Proposed Project Environmental Impacts: ~'' f Under North Carolina statutes, certain activities are deemed permitted if thgq. eorriply with the most current versions of the Sedimentation Pollution Control Act. Therefore only the footprint of the dam, including the outfall structures, constitutes the impacts to waters of the U. S. For this project, those impacts equa1148 feet (or 0.014 acres) to an intermittent stream No other pern~anent impacts are proposed for this project. Impact Justification: The dam is needed to water livestock for the dairy operation, and to irrigate crops. Current wells for the existing Bed and Breakfast operation and existing dairy operation are not sufficient for crop irrigation and livestock needs, or fire protection for the Inn. Please review the enclosed revised application and contact us if you have any questions or need any additional information. You may contact Ms Robin Maycock Little at (919) 418-7645 or Ms. Ann Fleming Pfann at (919) 742-5176. We look forward to your response. Sincerely, ~~ Ms. Robin May ck Little Cc: Cyndi Karoly, DWQ Central Office, Raleigh Eric Kulz, DWQ Raleigh Regional Office Office Use Only: Foam Version March OS USAGE Action ID No. ~ DWQ No. ~ mY P~~ item is not applicable to this project, Please enter "Not Applicable" or "N/A".) L Processing ~ p ~ ~ ~ aO0 to ~e~ ~ 1. Check all of the approval(s) requested for this project: : , P G ~ ® 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: NWP 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+1!~CEEP, complete section VIII, and check here: ^ ~ ,, „ s~ 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 detar7s), check here: ^ i? II. Applicant Information D ~ ~ v 1. Owner/Applicant Information AU G + - 20~ ~ Name: Ms. Ann Fleming Pfann $ bray try y~7~Nn~ AND STttR!J~YAT£R 6RANCM Marlin Address: The Inn at Cele Da ~~ 144 Celebrity W~ Sr~er City, NC 27344 Telephone Number: 919-742-5176 Fax Number: 919-742-1432 E-mail Address: TheInnCa,celebritvdairv.com 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 ownerJapplicant.) Name: Company Affiliation: Marling Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 13 III. Project Lformation Attach a vicinity map clearly. showing the location;,of the property with-.respect to local...: landmarks such as towns, rivers, and roads. Also provide a detaded site .plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and. north arnow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate LTSCTS Topographic Quad Map ani3 3~~ ~d Surr~ey~vrth #lie 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 Name of project: Celebrity Dairy Pond , ~~_ 2. T.I.P. Project Number or State Project Number (NCDOT On~y)r Not Applicable .,~; f . 3. Property Identification Number (Tax PINT): Parcel ID# 0011719 ~- 4. Location County: Chatham Nearest Town: Siler City Subdivision name (include phasellot number): NA Directions to site (include road numbers/names, landmarks, etc.): from Siler Citv. east on US 64, turn north on SR 1504 (Mt. Vervon Hickory Mt. Rd) and uroceed 2 miles. turn on Cele Way 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): 35.7707 °N 79.3432°W 6. Property size (acres): 90.23 acres 7. Name of nearest receiving body of water: UT to Creek (C; NSW; 16-34-~0.3)~ S. River Basin:~ape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: pa~~reas for live stock, pine and hardwood natural regeneration areas, merchantable timber harvested areas Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to beused: construct earthen dam and outfall struchure througl, i the use of earth movingeq ipment to uce an agricultural pond 11. Explain the purpose of the proposed work: Pond is needed ~ ~or irrigation for , cro s and livestock and for fire vrotection 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} iff-the~a~st, pie~~c-~ Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photdcopies of previously issued permits, certifications or other useful information Describe previousl~.~approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). fIf this is a NCDOT project, list and describe pernuts issued for prior segments of the wine T.LP. • project, along with construction schedules. f Previously requested authorization under NWP 40, Agricultural Activities, and DWO WQC #3364 on Mav 3, 2006, now reapplyine under NWP 39, Residential. • Commercial And Institutional Developmetrt and DWQ WQC #3362. 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 curre~ application Possible need for road crossings - NWP 14... _ __ 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 streaTr~s (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. Page 7 of 13 1. Provide a written description of the proposed impacts:.. 14.9 foot dam with 10 foot width at top having a 2.5: lslope will produce a'datn with a footprint of (10' + (2.5x13) + (2.5X13) 10' + 37.5' + 37 5' = 84 75 feet plus 3 feet for outfall Qipes gnd 30 feet rip, rip apron downstream = TOTAL of 84.75' + 3' + 30' = 117.75' + 30' for Liprap plunge vool = 147.75 feet = 148 feet ~l footprint of stream impacts 2. Individually list wetland impacts. Types of impacts indpde, 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 mdicate on (~ map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain no Distance to Nearest .Stream 'ear feet Area of Impact (acres) 0 r _~ giP,~ Total wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0, 4. 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, cn`b 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 m Stream Name T jvpe of Iarpact Perennial ~, m;ermitreni`~ Average Stream Width Before lm Impact Length 'ear feet Area of Impact acres A2 UT Permanent fill intermittent 4 few 148 0.014 UT inundation Intermitt~t 3 - 4 feet 700 0.064 Total Stream Impact (by length and acreage) 848 0.078 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts includc, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Opce Water Impact Name of waterbody Type of Impact Tvpe of waterbodv T Area of Page 8 of 13 Site Number mdicate on (if applicable) (1~ pow, ~~Y~ std, baY• ocean, etc. ~p~ acres Total Open Water Impact (acres) 6. List the cumulative ' to all Waters of the U.S. resuhin from the 'ect: Stream act acres : ~ 0.078 Wetland act acres : 0 Water acres : 0 Total act to Waters of the U.S, acres 0.078 Total Stream act linear feet : ' ~ 848 7. 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 bsen determined to be isolated by the USACE. 8. 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 lication. 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.): dam with spillway Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): livestock watering and irrigation Cu-rent land use in the vicinity of the pond: pasture ~uteve~fere,~ are2c Size of watershed draining to pond: 202.6 ac. Expected pond surface area:_ 6.64 arc VII. Impact Justification (Avoidance and Ittinimization) 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 ~t 'izle. -Also discuss ho~v-nmpacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. See attached narrative. __ Page 9 of 13 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 freshwater wetlands or greater than or equal to 1 SO linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and ,Modification of IW'ationwide Permits, published in the Federal Register on January 15, 2002, mitigation wdl 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 wdl 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 vaiues by creating, restoring, e~mcing; o~-~g-sear functions and values, preferable in the same vYatershed ~„ If mitigation is required for this project, a copy of the mitigatioq~pian must be attached in order for USACE or DWQ to consider the apphc''`ation complete for pif~cessing. Any application lacking 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/strm~~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not lunited 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 mare space is needed. Not Applicable 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 http://h2o.enr.state.nc.us/wrp/index.htm 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): NA Page 10 of 13 Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (awes): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Do¢omentation (required by DWQ) ., Does the project involve an expenditure of public (federaUstatellocal) firnds or the use of public (federaUstate) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the `requireirtents of the National or North Carolina Environmental Policy Act (NEPAlSEPA)? Note: If you -are not sure whether a NEPA/SEPA c~cument 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. Y~~^ No ^ ...,. f X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicarn's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicaTrt 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 (Meuse), 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 )? 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 amourn of mitigation by applying the buffer multipliers. # ~F~ ~ Zone ,c,,,,~.e Fm.~ Multiplier i-,r,.;..~,;,,,, 1 3 (2 for Catawba) 2 1.5 Total ' Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additicasa120 feet fry the edge of Zane 1. Page 11 of 13 3. If buffer mitigation is required, please discuss what type of mitigation is proposedr (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 2B .0242 or .0244, or .0260. Not Applicable XI. Stormwater (required by~WQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect s~u~ace waters and wetlands downstream from the property. If percent irripervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Existing impervious surface areas consists of B&B. dairy barns, and associated out buildings on a 330 acre pasturelwoodland site. The addition of the vrovosed dam and Mond will keen the site well below the 20 % impervious surface threshold VIII. Sewage Disposal (required by DWQ) ~ `~ f~~ Clearly detail the ultimate treatment metho`~ and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacityy ofthe subject facility. Not Applicable ~III1C. 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 anafter-the-fact perrrrit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) resuh in additional development, which could impact nearby dov~rnstream 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: 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, as applicant may choose to list constraints associated with construction or sequencing that may impose limits on Page 12 of 13 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). appiicant/Agent's (Agent's signature is valid ~ iatut'e ~ Date if an authorization letter from the applicant is provided.) ... ;~~ ~~ ,, -~ Page 13 of 13. ~~ 1U;6 Apri13, 2006 Mr. Todd Tugwell, Regulatory Field O>ffioer ' U.S. Army Corps of Enginea~s 6508 Falls of the Neese Road, Suite 120 Raleigh, NC 2761 S Subject: won NotiSc~on Applicatioafar Celebrity Dairy Lrigation Pond, Chatham Canty. ~' Dear IVIr. Tugwell: Enclosed is the subject preeonstruction Notification (PCN) application with the atbendart maps and documentation required to initiate t+aview of the subject property far issuance of Nationwide Permit 40, Agricultural Activities, and the corresponding DWQ Water Quality Certifi~tion #3364. The Celebrity Dairy Dam Project will fill 148 foet of intamitbent ~ for tha purpose of ooastnrding the dam, and will inundate approximafely-'7001inear fcet of ityber We have included two paper copies for your review. Seven copies have been sew m the Division of Water Quality 40.1 Certification Unit for review, with the noquired 5200.Od~fee enclosed. ~;~~ Project Descri 'on: - -mss Celebrity Dairy Farm is located in Chatham County, west of Pittsboro, approanmabely two miles north of US 64 on SR 1504 (Mt. Vaaon-Hickory. (:hunch Road). The proposed 149 foot tal~d5m is locatiod on an unnamed tn'butary to Dry Creek, which drains to the Haw River in the Cape Fear River Basin. The project consists of the construction of as earthen dam and pond on a site that has current land use of dairy pastia+es, natural pine and hardwood regeneration, and recently plantod loblolly pine seedlings. The proposed pond will be approximately 6.64 aces, with a drainage area of approximately 200 acres. Wetland delineations have determined that no wetlands are located within the impact limits of the proposed project. Proposed Project Environmental Impacts: Under North Carolina s~tutes, certain activities are deemed permitted if they comply with the most current versions of the Sedimentation Pollution Control Act. Therefore only the footprint of the dam, including the outfall structures, constitutes the impacts to waters of the U. S. For this project, those impacts equa1148 feet (or 0.014 acres) to an intermittent stream. No other impacts are proposed for this project. Impact Justification: The dam is needed to water livestock for the dairy operation, and to irrigate crops. Current wells for the existing Bed and Breakfast operation and existing dairy operation are not sufficient for crop irrigation and livestock needs, or fire protection for the Inn. Please review the enclosed application and provide a response as quickty as possible. If you have any questions or need any additional information, do not hesitate to contact Ms. Fleming Pfann at (919) 742 5176. We look forward to your response. Sincerely, Ms. Ann Fleming Pfann, Owner/Operator ~irn- D ~ ~ ~ ~~ ~ D Cc: DENR, DWQ 401 Certification Unit ~ MAY 8 2006 DENR -WATER QUALITY WETLMl05 ANO ST(~RMWATER BRANCH ~x~ B6t,EiVBD Mr. Todd'Tugwell, Regulatory Field offices .Mt1'l 0 8 2006 U.S. Army corps of Eng<tieas 6508 Falls of the Meuse Rosd, Suite 120 Raleigh, NC 27615 Subject preconstru~ion Notification Application fcx Celebrity ~ ~ ~-~~~ .~ County. . Dear Mr. Tugwell: v ~c :.; : . . ~~;;?: i.YJK~V ~. ~ .+ ,~,` _~_ 4 -- "` ' •" {~.~~~ ~~t~~. 7. ~~" '~f~` Enclosed is the subject preooa~vction Notification (PC,N) application widt the att~endaat maps and documentation roquired ~ initiate t+aview of the subject,propaty far issuancx of Nationwide Permit 40, Ag~ricult+Qa1 Activities, and the camesponding DwQ wader Quality Certification d3364. The Celebrity Dairy Dam Project w~71611148 beet of intetmitbeat sti+eam for tha pmpoae of oonstiudmg tha dam, and wgl inundate approximately 7001inesr feet of intermittent stream chaanei forxa ,. ~ We have included two paper copies for your review. Seven 4'o'Pia have bee sent to the Division of..Water Quality 40l :Certification Unit for review, with the roquited 5200.00 fed enclosed. p~„ Project Description: `~~~ ~ - . Celebrity Dairy Farm is located in Chatham Camty, west of Fittsboc+o, approximately, two miles north of US 64 on SR 1504 (Mt: Vernon-I~ickory Chun,h Road). The prvposod 149.foot tall dam'is located on an ~mnamed tn'butary to Dry Creek, which drains to the Haw River' in the Cape Fear River Basin. The project consists of the won of an earthen dam and pond oo a site that~has carr+ent land use of dairy pastimrs, natural pine and hardwood regeneration, and recxntly Planned lobloUy~pine seedlings. The proposed Pond will be approximately 6.64 saes, with a drainage area of approximately 200 acres. Wetland delirreatia~os have determined that no wetlands are located within the impact limits of the proposed projec~~. Proposed Project Environmental Impacts: __., Under North Carolina statutes, certain activities are deemed permitted if they comply with the most current versions of the Sedimentation Pollution Control Act. Therefore only the footprint of the dam, including the outfall structures, constitutes the impacts to waters of the U. S. For this project, those impacts equa1148 feet (or 0.014 acres) to.aa inRamitteat stream.. No other impacts are proposed for this project. _ Impact Justification: The dam is needed to water livestock for the dairy operation, and to irrigate corps. Current wells for the existing Bed and Breal~ast operation and existing dairy operation are not suffiieie~ for crop irrigation and livestock needs, or fire protection for the Inn. . Please review the enclosed application and provide a response as quickly as possible. if you have any questions or need any additional information, do not hesitate to contact INs. Fleming Pfann at (919) 742 - 5176. Vie look forward to your response. _ Sincerely, . _ !~~ ~~~ J Ms. Ann Fleming Pfann, rvOwner/Operator Cc: DENR, DWQ 401 Certification Unit t ; ~QF W A rF9Q Michael F. Easley, Governor `Q ~ William G. Ross Jr., Secretary Vj r North Carolina Department of Environment and Natural Resources ~ ~ Alan W. Klimek, P.E. Director Division of Water Quality May 25, 2006 DWQ Project # 06-0771 Chatham County Ms. Ann Fleming Pfann r..r,f. The Inn At Celebrity Dairy ~,' 144 Celebrity Way Siler City, NC 27312 .::..__.. _ _. _ . Subject Property: Celebrity Dairy Pond Ut to Dry Creek [030604, 16-34-(0.3), C, NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Pfann: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 848 linear feet of stream4q:flood an area to crate ~ pond at the subject property, as described within your application dated March 19, 2006, and received by the N.C. Division of Water Quality (DWQ) on May 8, 2006, with more information received on May"17, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3364 (GC3364). The Certification(s) allows you to use Nationwide Permit(s) 40 (NW40) when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-dischazge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions• listed in :the.. attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: Conditions of Certification: 1. Impacts Approved The following impacts aze hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 OversghUExpress Review Permits Unit 1650 Mail Service Center, Raleigh, NoM Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet htta://h2o.enr.state.nc.us/ncwetlands i+l~o ` Carolina ~atura!!y . An Equal Opportunity/Affirmative Adion Employer - 50% Recyded110% Post Consumer Paper .t The lnn At Celebrity Dairy Page 2 of 3 May 25, 2006 Amount A roved Units Plan Location or Reference Stream 848 linear feet PCN page 8 of 13 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: ., a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all'times. s~~~ No waste, spoil, solids, or fill of any kind shall oeGur in wetlands, waters, fir riparian azeas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment ahd erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 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 devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly mazked with orange wazning fencing (or similaz high visibility material) for the areas that have been approved to infringe within the buffer, wetland or~vate~priorraany l~nd~isturbi b~ctiv~ties to ensure compliance wit,". 15 NCAC 2H, Section .0500; Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 7. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction The Inn At Celebrity Dairy Page 3 of 3 May 25, 2006 activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o, enr.state. nc. us/sulForms Documents. htm. ; 8. Culvert Installation Culverts~-equired for this projeet shall be installed ~n~uch manner tb~ profiles are not altered. Existing stream dimensions (including the cross section dimehsions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (inciuding me cross section~lin,ensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. ., Placement of culverts and other structures in waters, streams, and wetl~lis must be placed below the elevation of the streambed by one foot for all cul't~'rts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. .• The Inn At Celebrity Dairy Page 4 of 3 May 25, 2006 Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA permit, Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification-shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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 150B 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 Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200. ,~ _ Sincerelxy:, ... ~ ~~ •~ Alan W. Klimek, P.E. AWK/~m Enclosures: GC3364 Certificate of Completion Deed Notification cc: USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 060771 CelebrityDairyPond(Chatham}401 t e .+ ,. i~ t~~~ /~i~ ~ (~ ~Tr << r. . ~!,. •. ~x. Ir L. ,, ~ ., QRAFT -For RF:view and Cornmer~~s Date: ~ ~ _ ~ _ ~ 5-' Project: ~ ~~ FQ srrh Latitude: Evaluator. ~2 ~ t.,. Site: Longitude: Total Points: . Stream is at least 'Z, > ;j.- County: ~ ~ ~-f ~ ~~^ Other .S t I k ~~ L•- lnfemtittent i/t 19 e~9. Ouad Name: A. Geomor holo S btotal = 1-- Absent Weak Moderate Strongg ~ 1. Continuous bed and bank // 0 1 2 _ _ ___ 2. Sinuosity _ - 0 --•--- 1 ~ 3 ~ _ 3 3. In-channel structure: riffle- of sequence -- -----__ -. 0 `--~ ` -- -"- -- 2 _ 3 -- 4. Soil texture 0 1 - -- 3 _ 5. Active/relic floodplain _ _-_._ ----- 0 ------ --_ _ .__.__ -_ 2 I -- --- --- -- ---- 6. Bankfull bench -- 0 Q 2 _ 3 3 7. Braided channel __ _ 0 1 _ - - 2 _ 3 ___ 8. Recent alluvial deposits ~ ---- ~ - - -- ~ 2 --- 9. Natural Levees ___ ~ 1 2 3 - 3 10. Headcuts ` - ' .. ------ ~ -- - .. 1 ____.. _...._ 2 _ . _ .- _- --. 3 -_.. 11.,Grade controls ._ ~_ _-- ~ _ -- 0.5 ----- l-- --- 1 -------- .-- 1.5 12. Natural valle and draina ewa y ---- 9 Y - --- - -- - -- ---- 0 0.5 --- -- 1.5 3. Second or greater order channel on existing - - ~ ---~ - - -- ------- USGS or NRCS map or other documented No =,0~ Yes=3 Written documentation in Notes is evidence. __ _ - required for scoring 3 points. B. Hvdminnv tc~~hr.,r~i - ~ ~ sr;t 14. Groundwater flow/discharge ~ 15. Leaflitter ' }~ ~~p~ 1.5 1 ? - 1 ___ 2 '' 0.5 3 ----- - --0 - ---- 16. Sediment on plants _ 0 _ 0.5 1 ~ _5 17. Organic debris lines or piles (Wrack lines) •• _ 0 - 1 1 5 - 18. Water in channel and > 48 Firs since rain. - 0 - t). _ ___ 1 ___ _ 1.5` 19. Water in channel - dry or glowing season ~ 0 0.5 1 1.5 20. Hydric soils (redoximorphic features) present? -No = 0 -_-_ _ es = 1.5~') - -~ C_ Biology (Subtotal = _~ . ~ ~ 21. Fibrous roots in channel - 3 ~ 1 0 ------_ 22. Rooted plants in channel - - ---- _ .. ---- --- - --- Q --- -._.___ 2 ------ 1 ------ 0 23. Crayflsti --------- _ _ _ 0 - -~ _ --------- -- 0.5 ------ 1 - - ------ --__. 1.5 24. Bivalves.. _ _ --- . . ~ __ ~-- -- 2 3 - 25. Fish -- -- _ _-- ~ 0.5 1 1.5 26. Amphibians _____. 0 -_ _ 0.5 -- --- ---- -- 1.5 27. MBCrobenthos (note diversity and abundance) - 28_Filamentous algae_periphyton ---- ------ 0.5 -- 0.5 _ _1 1 1 5 1.5 29. Iron oxidizing bacteria/fungus. 0 5 1 1 5 30. Plants in streambed - --- FAC = -- FACW = 0.75 _ OBL = 1.5 SAV = 2.0 ~RCicn/: .. -....-- ~ ~ 6 f , NOte3: _. ! i p<.c(, F ~ ~ I- I~ b~ G GL sG ,~ ,„ --'L=~'/-Fc_., E. ~ ~r'i., S. d'~ ~'~''k'.. 4. - :*`G~ as~e-•t.~' 3 -- - - ~/~ ~,w L (+ ~t Y~ C •i 3.~ .fix. ~7 L! ,i .t i?. ,-^f"_:, lr", A~~ .~,V / ~,. ,.•.t' . ~~,.~!4.tw ~ P"!I S~,a 4-~, ~F• ~r'ya~„a* . ... -s-- ~= .' . ,&,-+'Pi /.•:R:.l:.i~.... .i n. f r~ wry Y 4 ?.., >, .r~ 9"" .v , ~t:`l. _ ._~ _ °-R.s -~...~.r 1 ..,ill/// 41'-- r ~• °.~, r .,~ . .. . eN ....~ r . ~... . ,.. Gc.1~iF~ 1'.+~~ss~~+.- d ~Y•~~ i°+,`-S~y`.r ....- f :f ...~.A ~.. ~f~ ~ ~r A , ~ ~t Y;4 1"~ fti.` i .. ~~;Y Y'.b~l `: i .. sa.'~~s .L-. 6+i,e °...4}.~~.!,+~ ~ ~S I~ ~ ~~ ~1 ~ w.' Ft. .,~.. ~_ '~a..W ~V j, .~ D r ~ d Y ~ ~, ' ~ '- `. I NRR a; •~:. I, i~RAFT -For Revlo~v and Cornr~r~ents - Z Date: ~ (- S - p S-" ! Project: ~ ~ ~er rca Latitude: Evaluator:.. 2 ~'-~ ~ Site: Longitude: Total Points:. ~^ ~ Other C ' p Stream is at least ~„ 7 ~ County: ~~ ~~~ a pusd Name: `~ ~~K' ` I intermittent if 2 19 g• S~~ r w L L L .- B. Hvdroloav ts~~t,t~tai- ~. ~ i `'~'` - A. Geomor holo S~'ubtotai = (b Absent Weak Moderate Strong 1. Continuous bed and bank ; _ _ 0 1 2 3 2. Sinuosity _-, _ - _- 0 ~ -- - --- ~ -- 2 3. In-channel structure: riffle-pool sequence ----------------- 4. Soil texture _ - 0 p -------- 1 t 1 -- 2 ~._ 3 - ----_ - 5. Active/relic floodplain '. 0 ~: ~ 2 3 6. Bankfull bench ~ _._a___'__-_.-._ _. ..._~.. . 7. Braided channel p _ ... _ 0 _ . .. -. 1 2 _ 2 -- 3 8. Recent alluvial deposits _ 0 ___ j 2 g 9. Natural Levees ~ 1 2 3 10. Headcuts - -- ~ 0 - ~ ... _ -- 2 --- - ----- 3 11.,Grade controls _- --0 - - ~ ,~--~-- - 1 1.5 12. Natural valley and drainageway _ 0 _ _ 0.5 1 13. Second or greater order ch nnel on existing USGS or NRCS map or ot~er documented evidence. __ _ _~_ __ _ _' ~No~- 0 1 ''~=~..--~' Yes = 3 Written documentation in Notes is required for scoring 3 points. 14. Groundwater flow/discharge _ _ _0 1 2 3 15. Leaflitter 1.5 - ~ - 1 ' ~ 0.5 0 16. Sediment on plants 0 _ 0.5 1 1.5 17. Organic debris lines or piles (Wrack lines) __ 0 ~ ---•--~ 0. _ 1 1.5 18. Water in channel and > 481trs since rain. __ 0 ~ 1 1.5 19. Water in channel - dry or growing season 0 ~~:' 1 1.5 20. Hydric soils (redoximorphic'features) present? _ No = 0 Yes = 1.5 C. BiOlOav (Subtotal = ~~e~? 1 21. Fibrous roots in channel 3 ~,,) ~ 0 22. Rooted plants in channel _ _ - 3 - -- 2 ._...,y, p 23. CrayfisH ,0~.__ _ ~ --0.5 1 1.5 -- --- 24. Bivalves --- ,~-Y--~ ' 0 „~' - 1 2 3 25. Fish ,~° 0.5 1 _ 1.5 26. Amphibians 0 0.5 ~~ 1, 1.5 27. MacrobenthOS (note diversity and abundance) _ 0 ~ -- ------ -~--°~0.5~ 1 1.5 28Filamentous algae; periphyton _ ~ - 0.5 -- 1 1.5 29. Iron oxidizing bacteria/fungus. 0 0.5 1 1.9 ~ 30. Plants in streambed ' FAC = 0.5 _ ___ FACW = 0.75 __ OBL = 1.5 _ SAV = 2.0 Notes: ~-Z- ~ i? ~ ` ~~ :.. ... ;'/. .. ~1.. --.a ~,t ~ t , ~+Ir C/f.~r~ _ - --- ,i5 'y ,r x { ~ t ~~ (l ( ~= ~ Ge/rf V C~.. ~~~'~ ~ f /'C~!s'r~. "',: ir'.s~..,,, ~r..r....~.r* .~~..q,~, t-..~. ~.. ~Oi `^a~i.:^Y~ O~sF,s d.~, J /~'/ $- ~r ''1 ~ ~ .!;.~~T ~.Orvrti..-r...P..•i... k~^^"'~. ~.Y ~~~. ,,.ik~'l. sa.:~~1'" O ~,~1~//~'-~..Y < d.. ~J`7!'/~ QRAFT -For Review anej Cornments L L v 4 NOL@5: ~ ~ r f -: .. . uate: ~ ~ - S o S ~ Project: G , f7 ~,,~ r.«ti .Latitude: Evaluator:. ~ H~J L. ; Site: Longitude: Total Points:. ' ~ Stream is et /east Z,~. ~~ i t County: ~~ ~,;~rr~• ~ Other O SIIk ifa~~ n ermittent if 2 19 e.9. uad Name: i A. Geomor holo ' btotal = ~~! _ Absent _ Weak Moderate Strong 1. Continuous bed and bank 0 1 2 inuosity -- - - 0 -- ------ 1 3 3 3. In-channel structure: riffle-p I sequence 0 1 T----- --- 2 4. Soil texture 0 1 - - 2 ----- - -- -.. 5. Active/relic floodplain 0 ~ _ ; - - B kf tl - -...-. _.._-.~ _ --'-- ..-...-.-..-- ---- 2 3 . an bench _ u -- - --- - - --- _ _.. _ _ .. O i ---- 3 - 7. Braided channel - 0 1 -- - -- - - -- 8. Recent alluvial deposits - - -- ---~ - ~ -- ? - - 2 - 3 _ _ 9. Natural Levees _ ~- 1 ----- 2 3 3 ------------_ 10. Headcuts ~ - -- _ ..- -- - - ~__ __-2- -__._._ __. ---_ 3 11.,Grade controls - 0 5~=~----- --- 1 - 1.5 2. Natural valle and drama y gray --- _ -- _... _. _ 0 0.5 1 1 5 13. Second or realer order channel on existing g _ __ . __ Yes = 3 USGS or NRCS map or other documented ~ evidence No ~ 0~ Written documentaL'on in Notes is . required for scoring 3 points. 9 !/'i ~ 14. Groundwater flow/discharge 15. Leaflitter _ 4-___--___ _0 _---- 1.5-- - __ 1. -- 1 ____ 2 - 0.5 3 _ p 16. Sediment on plants 17. Organic debris lines or piles (Wrack tines) p'~- ~ 0 5 - 0.5 - 1 1 ~ ~ - 1.5 18. Water in channel and > 48 Ihrs since rain. 0 0.5 1.5 19. Water in channel - dry or growing season 0 0.5 ~ 1.5 20. Hydric soils (redoximorphic features) present? _ No = 0 Yes = 1.5., C. BIOIOgy (Subtotal = i0 ! b 1 21. Fibrous roots in channel 3 ~ `~ :.2 ~ 1 0 - - 22. Rooted plants in channel -- - - ---- -- ---- --~ --- 2 ----- - - -------1 ~ -- -------- - 23. Crayfish ----- 0.5 -- - ------~--- - 1 5 4. Bivalves 0 : 1 2 . 3 25. Fish 0 0.5 1 1 5 . Amphibians _ 0 •51:~_.~._ i. - __. ~ 1 . 1 5 27. MBCrobenthOS (note diversity and abundance) 0 ., 0 5 1 . 1 5 -- -- 28. Filamentous al ae; en h on 9 F P ~ ---- 0 . 0 5 -- - -- 1 . :.__...._ . ----- - -- 29. Iron oxidizing bacteria/fungus. 0 . 0.5 1 _ 1.5 1.5 30. Plants in streambed AC = 0.5 FACW = 0.75 OBL = 1.5 SAV = 2.0 ~~~,~,,. --~ ~ --Z ©F~AFT -For Review and Comments ~ ' Date: ~~ _ ~- _ p ~ Project: C ~ ~~ r„~ Latitude: Evaluator: 2 y~j, L Site: Longitude: Total Points:. -~ Other Stream is at least ~~j ~ ~ ` County ~+t l 1. NQ~ ~ Intermittent N2 19 `~ ~ ~ ~ ~ a~ ~ e•9• Quad Name: J /t M ~av ~ ~~,-,rte---~ ` Notes: /~_ A. Geolmor holo Subtotal = ~ {-~ ~ _ Absent Weak Moderate Strong 1. Continuous bed and bank j 0 1 2 _ 2. Sinuosity ~ - 0 -` ~ --- 2 3 3. In-channel structure: riffle-pool sequence ------ 0 1 ~ ~ 2 - 4. Soil texture -- 0 --__.. ------- 1 - - - - 2 3 _. - _ 3 5. Active/relic floodplain I - 0 ---- ---- 1 --- 3 - - 6. Bankfull bench -- -- -------- 0 - - - .. _.._._.._ ~ __ 2 _ 3 raided channel ~ 1 2 - 8. Recent alluvial deposits ® 1 ---- 2 3 3 9. Natural Levees - ~ --- 1 -- 2 3 10. Headcuts' --~ 1 2 ---- -- 3 - 11..Grade controls ~- roa;~ ,~~ L, ~: ;,•' .fR, ._- .~. . - _ 0 - - ---- 0.5 -- - 1 1.5 12. Natura! valley and drainagaway 0 -- 0 5 -- 1 1 5 _ 13 S . ------ . - . econd or greater order channel on existing ---- = USGS or NRCS map or other documented No = 0 s 3 Wrinen doc on in Notes is evidence. -~ required for scoring 3 points. i B_ Hvdreleev ICII-,rl,t~i ! S.O ~ v~'~r 14. Groundwaterflow/discharge ~' 0 -- 1 2 3 15. Leaftitter ~ _ __ 1.5 - -- 1 - , 0 16. Sediment on plants 0 5 ~ 1 1 6 17. Organic debris lines or piles (Wrack lines) _ 0 0.5 1 1.5 18. Water in channel and > 48 Ihrs since rain. 0 ~„~.~-- ---~ 1 1.5 19. Water in channel - dry or growing season 0 1 1.5 20. Hydric soils (redoximorphic features) present? _ _ No = 0 ~' es = 1.~1' C. Biology (Subtotal = /4'~ t fibrous roots in channel 3 _...~,.... ~ ~ ~ -- 0 -- --- 22. Rooted plants in channel __ _ - --- --- -- _ -- -------- 2 - -- - 1 -0 23. CrayfisFi _- ~ ~ ____ 0.5 -- -~-- - -- --~....,- --------- 24. Bivalves 25. Fish -- ~- 0 1 0.5 2 1 3 1 .Amphibians 0 0.5 ~ 1 27. Macrobenthos (note diversity and abundance) _ _ 0 ___ 0.5 _ 1 1.5 28_Filamentous algae_periphyton _ .Iron oxidizin bacteria/fun u s. 9 g 0 ~ 0 ~ 0.5 1 _ ~ - 1 5 --- - - 1 5 .-- _ 30. Plants in streambed ' _- __ SAC =-0.5 - FACW = 0.75 OBL = 1.5 SAV = 2.0 JRCll:l 1. ~ /' i ~ 3 '~ ~ a~.. M ~ DRAFT -Far Review and Comments Date: ~ ~~ )r- _vs--~ Project: G,. ~ ~ Latitude: Evaluator: i Site: Longitude: Total Points: , Stream Is at/east ~ ~. ~ County: ~+ ~~ ~,.,~~~ Other ~^~•/~ ~/~~~, intermittent i12 19 j e.g. Quad Name: 1.7 L ;I *~s i • ...-;.ti P-. caeomor holo btotal = '(~ ~ Absent Weak Moderate Stron 1. Continuous bed and bank ; g 0 1 2 __ 2. Sinuosity ~ _ ~ 0 ----- --- 3 --_ _ 3. In-channel structure riffle-p of sequence --- -- - 0 - - '- - - 2 ~--- 2 3 4. Soil texture p © -- 3 ___ - 5. Active/relic floodplain ; -` ----- 0 -- -- 1 2 - 2 3 6. Bankfull bench 0 1 ------- -- - ------- - -- _ ------ _.. - . 7. Braided channel - - 1 2 .__ ---. 2 3 8. Recent alluvial deposits ~ --- 3 2 3 9. Natural Levees i -' ~ - 1 - 2 --- ------ 10. Headcuts I __ _ _ _ _ _ - ~- -- ~ -- ` 1 _ _._..-____ - -- --_- _ _-- _ 3 2 11.,Grade controls -- 0 --~^^S ------ ----- - 3 - 1 12. Natural valley and drainaggway p --- 1.5 13. Second or greater order channel on ex+st+ng ~ USGS or NRCS map or other documented -- •,.- ~~ ~No =,0 ~ L Yes = 3 Written documentation in Notes is evidence. -------_------; _...._......--- - _. _-- ~ ..._,..~,-_~ •- required for scoring 3 points. 8_ Hvdrnlnnv tc~-,r.,rsi ~_ /, ~ ~ ~'~'r 14. Groundwater flow/discharge _-~ r 1 `- 2 3 15. Leaflitter 1.5 1 ~ '' 0.5 0 16. Sediment on plants 0 0 5 1 1 5 17. Organic debris lines or piles (Wrack lines) 0 5 1 1 5 18. Water in channel and > 48 I~rs since rain. ~ OM 0.5 _ 1 1.5 19. Water in channel - dry or growing season `~.,0 ,' 0.5 _ 1 1.5 20. Hydric soils (redoximorphic'features) present? - - No = 0 - es = 1.5 , C. BIOIOgy (Subtotal = ~• v ) 21. Fibrous roots in channel 3 ~ 2 1 0 2. Rooted plants in channel ' _ _ 3') 2 - -- - 23. Crayrisii --------- -- -- ----~..~ _- -- ~~ -' _ __--- 0.5 - ~- 1 0 _ 1 5 24. Bivalves -`°^ +: 0-'' 1 2 . 3 25. Fish ~" ' ~ 9...: _ ; - 0.5 1 1 5 26. Amphibians 0 - -- -~_.- ---- 1 -- . - 27. MacrobenthOS (note diversity and abundance) s~ 0 5 1 1.5 - 28. Filamentous algae; periphyton - ------ __ 0;~ . - 0.5 --- 1 1 5 1.5 29. Iron oxidizin bactena/fun us. 9 9 _ _ C.~1 ~ 0.5 - 1 -- -- - -- - - 1.5 30. Plants in streambed ! FAC = 0_5~ _ FACW = 0.75 OBL = 1.5 SAV = 2.0 rv0[@S: I ~ onciar J ~ f,N > ~ °t..t' r ~tA ' L .°.. a-i.. f $ /'~:. 4 ,~r.i.. ~ _., L / ,?',~ [ 1-..~_.. T.,.f &t.,~~t ,~ 1.... ,._ ~/~r ~ ~--. ,,1 ~~ _r. ~ , ~ a ~`~~_- -...''?`' _ . 'Are-~ "'~"~~ ~ ,~^ ,'-~•: .,v ,.„ ...A,... .. /mom, .rav..,~•+ ~ ~ ~ .--__- ~. ~'t .,p,. ~~ L ~ ~ r ~r a ~..: g'^.~,_ .. .. ,.„1 ~ .. . ' ._._ L C < ~ m H ~ a ~ w ~`~ v ~ J /: ~ ~ .` L-. 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