HomeMy WebLinkAbout20141024 Ver 1_401 Application_20141214h�c� WA7
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RECEIVED
SEC ? 9 2014
IBC; F :'t: SYSTEM
ENHANCIEW) =NT PROGRAM
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes Q No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑Yes MX No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project Information
2a. Name of project:
UT to Town Creek Restoration Site - Option A
2b. County:
Stanly
2c. Nearest municipality / town:
Richfield
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
Marcus and Patty Harward
3b. Deed Book and Page No.
DB 307, PG 942; DB 203, PG 368; DB 218, PG 136; & DB 347, PG 413
3c. Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
28978 Misenheimer Road
3e. City, state, zip:
Richfield, NC 28137
3f. Telephone no.:
704 -463 -5828
3g. Fax no.:
N/A
3h. Email address:
N/A
Page 1 of 10
PCN Form —Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑X Other, specify: In -Lieu Fee (ILF)
4b. Name:
Tim Baumgartner
4c. Business name
(if applicable):
NC DENR Ecosystem Enhancement Program (NCEEP)
4d. Street address:
217 West Jones St., Ste. 3000A
4e. City, state, zip:
Raleigh, NC 27603
4f. Telephone no.:
919- 707 -8543
4g. Fax no.:
919 - 218 -2557
4h. Email address:
tim.baumgartner @ncdenr.gov
5. Agent/Consultant Information (if applicable)
5a. Name:
Kristi Suggs
5b. Business name
(if applicable):
Michael Baker Engineering, Inc.
5c. Street address:
5550 Seventy -Seven Center Dr., Ste. 320
5d. City, state, zip:
Charlotte, NC 28217
5e. Telephone no.:
704- 665 -2206
5f. Fax no.:
704- 665 -2201
5g. Email address:
ksuggs @mbakerintl.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
See Attached Page - PCN Additional Information
1 b. Site coordinates (in decimal degrees):
Latitude: 35.437901 Longitude: - 80.247902
1 c. Property size:
151.2 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
UT to Town Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Yadkin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The current land use of the site and surrounding area is primarily forested and agriculture, including both crops and pasture for cattle grazing. On -site
stream channels and wetland areas are highly degraded from unlimited cattle access, channelization, floodplain ditching, and the lack of a well
established riparian buffer.
3b. List the total estimated acreage of all existing wetlands on the property: 1
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,037
3d. Explain the purpose of the proposed project:
The purpose of the project is to improve ecological function to an impaired riparian system that discharges to Town Creek. See the attached UT to Tom
0
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposes to restore, enhance, and preserve approximately 6,300 LF of UT to Town Creek and its tributaries, to restore, enhance, and creat
D
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made.
❑ Preliminary ❑X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Kristi Suggs & Ian Eckardt
Agency /Consultant Company: Michael Baker Engineering, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
July 17, 2013; See attached approved Jurisdictional Determination SAW - 2013 - 01280.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b.
2c.
2d.
2e.
2f.
Wetland impact Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or I
DWQ (401, other)
(acres)
Temporary T
W1
None
Headwater Wetland
Yes
-
0
W2 P & T
Excavation, Fill & Grading
Headwater Wetland
Yes /No
Corps
0.028
W3 P & T
Excavation, Fill & Grading
Headwater Wetland
Yes /No
Corps
0.104
W4 P & T
Excavation, Culvert & Gradi
Headwater Wetland
No
Corps
0.014
W5
None
Headwater Wetland
No
0
W6 P
Excavation
Headwater Wetland
No
Corps
0.04
2g. Total Wetland Impacts:
0.44
2h. Comments:
See attached page for Wetland 7 impact information. Total permanent and temporary wetland impacts are 0.098 acres and 0.339 acres, respectively.
The wetland type assigned to all wetlands is headwater forest. These wetland types are based on the NC WAM and the field investigators best
professional judgment. All existing wetland areas are degraded either by frequent cattle access and/or brush management practices. Impacts to
wetland areas are necessary for project success and long term ecological benefit. See Mitigation Plan for additional information.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
I
width
(linear
Temporary (T)
I
(feet)
feet)
S1 P
Priority I & II Restoration
UT to Town Creek
PER
Corps
15
3,574
S2 P
Priority III Restoration
Reach 4
INT
Corps
10
404
S3 P
Priority IV Restoration
Reach 5
INT
Corps
12
324
S4 P
Priority I Restoration
Reach 6
INT
Corps
12
1,349
S5 P
Priority I & II Restoration
Reach 7
INT
Corps
15
386
S6
Choose one
-
3h. Total stream and tributary impacts
6,037
3i. Comments:
S1 consists of Reaches 1 - 3 on UT to Town Creek. Existing channels are significantly degraded from channelization, frequent cattle access, lack of
riparian buffer, and erosion. Impacts to channels are necessary to stabilize stream banks, improve hydrology, and restore aquatic habitat; therefore
promoting proper riparian function for project success and long term ecological benefit. See Mitigation Plan for additional information.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Stormwater
0
0
0
0
0
0
0.174
P2
Stormwater
0
0
0
0
0
0
0.416
5f. Total:
0
0
0
0
0
0
0.59
5g. Comments: See Mitigation Plan for additional information.
5h. Is a dam high hazard permit required?
❑ Yes ❑X No If yes, permit ID no:
5i. Expected pond surface area (acres):
0.59
5j. Size of pond watershed (acres):
70
5k. Method of construction:
Excavation and berm creation with v -notch weir & emergency spillway
6. Buffer Impacts (for DWA)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then vou MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
B1
Yes /No
B2
Yes /No
B3 -
Yes /No
B4
Yes /No
B5 -
Yes/No
B6
Yes /No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed impacts are required to restore stream and wetland functions, as described in the Mitigation Plan. As the intent of the project is to
enhance the overall stream and wetland complex, design efforts were taken to minimize impacts to the existing channel and wetlands wherever
possible. Construction access routes were carefully selected to try to minimize wetland crossings. All disturbed areas will be planted with native seed,
live stakes, and bare root seedlings to re- establish the riparian wetland community upon completion of disturbance.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. NC Erosion and Sediment
controls will be implemented. Wetland mats will be laid down to help minimize impacts to wetland areas where only enhancement activities will be
performed. Stream bank grading will be conducted from the channel where possible to avoid compaction of the floodplain wetlands. The construction
activities will also be phased so that the contractor only disturbs as much stream banks as s /he can stabilize by the end of the day.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form —Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes Q No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The
project involves work in the stream corridor only. No work will be performed outside the stream corridor and no impervious area will be added,
therefore this section is not applicable.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
N/A
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
NIA
❑ Phase II
❑ NSW
3b.
Which of the following locally - implemented Stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ •Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 .4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑X Yes ❑ No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes Q No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes X❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after- the -fact permit application?
[]Yes Q No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes Q No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This is a stream and wetland restoration project that includes a conservation easement over the entire project area. The easement is being held by
the State of North Carolina and restricts any future development within the project area. Currently, the surrounding land use is predominantly
comprised of agriculture and rural residential and is located within an agricultural conservation area as outlined in the 2002 Stanly County Land Use
Plan. Therefore, it's anticipated the project area will remain rural into the foreseeable future.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
This project is a stream and wetland restoration project and will not generate wastewater, but will instead serve as a natural treatment for non -point
pollution from the surrounding drainage areas.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A review of federally listed species in Stanly County was conducted. On 9/28/10 a field survey was conducted within the project area and no
populations were found. On 10 /1 /2010, USFWS was contacted and informed. On 12/14/2010, FHWA concurred. See Mitigation Plan for more info.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no marine or estuarine habitats located with the Piedmont Physiographic Region of North Carolina. In addition the NCNWRC was contacted
and they responded stating that they did not anticipate that the project would pose any significant adverse impacts to aquatic resources.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Requested review and comment from the State and Tribal HPOs and the State Archeology Office (SAO). Received comment from the State HPO,
stating that no historic resources would be affected by the project. Did not receive any comments from the SAO or the Tribal HPO.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes X❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
A review of Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) for Stanly County and its unincorporated areas
(Map Number 3710662100J) indicates the UT to Town Creek site is currently not located within a FEMA- identified flood zone.
Tim Baumgartner
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
February 23, 2011
Mr. Todd Tugwell
Wilmington District
U.S. Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, NC 27587
Reference: Agent Authorization and Site Access Authorization
Jurisdictional Wetland Determination & Environmental Permitting
N.C. Ecosystem Enhancement Program UT to Town Creek Mitigation Site
Misenheimer Rd. and Old Salisbury Rd.
New London, Stanly County, North Carolina
Dear Mr. Tugwell:
As the property owner, I am hereby authorizing you and/or other employees of the U.S. Army Corps of
Engineers (USACE), to enter and inspect the above - referenced project site. Michael Baker Engineering, Inc.
(Baker) will be providing engineering services and permitting assistance in support of the NCEEP UT to
Town Creek Mitigation Project. In this contractual relationship, Baker will act as the NCEEP's agent for the
purpose of accomplishing this work.
As the property owner, I hereby authorize Michael Baker Engineering, Inc. to act as my authorized agent
regarding wetlands and streams within the limits of the UT to Town Creek Restoration Project site
specifically for the purposes of taking those actions necessary to obtain environmental permits from the U. S.
Army Corps of Engineers, N. C. Division of Water Quality, and N. C. Division of Land Quality.
K r t \aYcusS 4aywckyd
(Owner Signature) (Print Name)
V �
(Address)
UT to Town Creek Restoration Site — Option A
PCN Additional Information
1IPa9e
B. Project Information and Prior Project History
la. Property identification no. ( Tax PIN or Parcel ID): 662102758987,662102854715,662102855222,&
662104749221
C. Proposed Impacts Inventory
2. Wetland Impacts (Continued)
Wetland impact
Type of
Type of
2d.
Type of jurisdiction Corps —
Area of
number (P) or
impact
p
wetland
Forested
(404, 10) or DWQ (401, other)
impact
Temporary (T)
(acres)
W7 — P & T
Excavation
& Grading
Headwater
Yes
Corps
0.002
2h. Comments: The wetland type assigned to all wetlands is headwater forest. This is based on the NC
WAM wetland types and the field investigators best professional judgment. All existing wetland areas
are degraded either by frequent cattle access and /or brush management practices. Impacts to wetland
areas are necessary for project success and longterm ecological benefit. See Mitigation Plan for
additional information.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: SA'W- 2013 -01280 County: Stanl U.S.G.S. Quad: New London
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Michael Baker Engineering, Inc / Attn: Kristi Leadmon Suggs
Address: 5550 Seventy -Seven Center Dr., Ste. 320 Charlotte, NC 28217
Telephone No.: 704665 -2206
Property description:
Size (acres): Nearest Town: New London
Nearest Waterway: UT to Town Creek River Basin: Rocky Watershed; Upper Pee Dee Basin
Coordinates: 35.4328 / -80.2470 Hydrologic Unit Code: 03040105
Location Description: The site is located west of Old Salisbury Road, southeast of its intersection with Misenheimer and
Steakhouse ].toads in Richfield, Stanly County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 C)aR Part 331). ). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction.
Also, you may provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (C WA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determinations may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
X The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by
the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Action Id.: SAW-1013-:01280
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). if you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Kichefski at 828 - 271 -7980.
C. Basis For Determinations
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps ofEngineers Wetlands Delineation .Manual.` Eastern Mountain and Piedmont Region_ These
wetlands are adjacent to stream channels located on the-property that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Town Creek which flows into the Rocky Watershed; Upper Pee Dee
Basin River. UT to Town Creek flows to the Atlantic Ocean via Town Creek, Little Long Creek, Long Creek, Rocky River
and the Pee Dee River: The Pee Dee River is a Section 10 navigable water at the Blewett Falls Dam.
D. Remarks: Site visit conducted on August 4, 20,11 to verify JD features and updated reap
received August 10, 2011.
E. Attention USDA Program Participants
This deiiaoati6n/determination itas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for
appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following
address:
US Army Corps of Engineers
South Atlantic Division.
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room l OM15
Atlanta, Georgia 30303.8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331,5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date of the NAP.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory Official: Steve Kichefski
Issue Date: July 17, 2013 Expiration Date: July 17.7.018
The Wilmington District is committed to providing the highest level of support to the public, To help us ensure we continue to
'do so, please complete the Customer Satisfaction Survey located at our website at hM:// per2 .nwp.usace.army.miUsurvey.html
to complete the survey online,
Y
i
Applicant: Michael Baker Engineering; Inc / Attn: File Number: SAW- 2013
Dafe: July 17,201
Kristin Leadmon Suggs 01280
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission)
A
PROFFERED PERMIT (Standard Perinit or Letter of ermission)
$
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY .JURISDICTIONAL DETERMINATION
E
MCTTQN I � Th�e�follo s�vattg ide�i #�fies "y�3ir� zight� and option`s iegarduag an' adm�strative apal of the above
li ! /tww usace arm riulECWYP es/re .maienais as x.or �o. s reguIahons at 33: CFR P t 331 =�Y: *, ,
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit;
OBJECT; If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section ii of this 'form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this, notice, or you will forfeit your right,
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all ofyour concerns, (b) modify the permit to address some of your objections; or (c) not modify
'the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you proffered permit for your reconsideration, as indicated in Section $ below.
B: PROFFERED PERMIT: You may acceptor appeal the permit
■ ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit; including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing; Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of permit under the Corps of Engineers Administrative Appeal Process
by completing Section Ii of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of'this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMNATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also You may
provide new information for further consideration by the Corps to reevaluate the JD.
S T' ANgq��Pk-'
7 T7T 7.-' P9RM
REQUEST TOT
REASONS FOR APPEAL OR OBJECTIONS_ (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative -record
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review, officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
P Y A
' Y CT FOR: tlig-�
Q T'jb)�'$ ij
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact.
Steve Kichefski, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street Room 10M15
Asheville, NC 28806
Atlanta, Georgia 30303-8801
828-271-7980
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
I
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Steve Kichelski, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdittional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
4
Appendix A
Categorical Exclusion Form for Ecosystem
Program Projects
Version 1.4
of �� .
�I
FNH� NC�C 210
CFM��Y�
M
Enhancement
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
•. Project ■
PCO`ect Name: UT to Town Creek Restoration
Count Name: Staniy
EEP Number. 003277
Pro ect Sponsor: Michae( Baker Engineering, Inc.
Project Contact Name: Chris L. YOW] Krlsfi Suggs
Project Contact Address: 4447 South Tryon Street, Suite 200, Chadotte, NC 28203
Project Contact E -mail: eyowQ mbakemorpcom /ksuggs@mbakercorp.com
EEP Prtpiect Mana er: Guy Pearce
Project Description
The tar to ToWh -Greek Restorat(oii,'i' I y� Iogated in northern Stenty Gpuoty, approxlmatety 9.� w st of New
Londsiri in tht YadCin River �sni�(pi]} The Pmjot site incltlaesa deratyed strearttsy�sem �ti'the
UT to_ToWh- b'4 and four additlbnal'A 'Wed. fdbytaries. A cpmbinstion.6 xestorafion enhance ` ti f
preservattoh Wj1L'be implemented ort the si #e to imp(nve.and }protect apprbXirnafeiy 8,4981(nearfee��s Cb T �._ t..
channel:, giliiifionaliy5 the pmjecfplans t� estore; enhance;. and /or create B:fi acres of riparian wetia id This "project,
will be used fo oi>fain stream aril vretland irttilgafion credit for the NC Ecosyslem-Enhancern nt P g ai i1
For Official Use Only
Reviewed -
�ri
A.
EEP jest onager
Date -
,.
Conditional Approved
Date= �
For Division Adlri IM trator
- FHWA
❑ Check thus box if there are outstanding issues
Final Approval BY".
Al
Date For Division Administrator
FHWA
6 Version 1.4, 8/18/05
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Flew (Ffl` IDW 32(9). The horhomal datum was Me X, Amwlcan Dab. of
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jubdiclioa mar waun in aWht poettblul dMemnw, in map fae r
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FIRM.M monS.— on h: map era in U.S. Survey F-. harem
111.5. Savvy Fool v 1290993] Mebrs.
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and gmurM Nmtio, raomnnwd 10 the dame , dNUn. M avarape offs)
batwan NAND fiB and iM NetbnN ^ -= .dc VerMal DNan d 1029 (NGVD 29)
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location lnf_ion fa b oh nerla shown on the map, plswe mnbd the
Nam CMnline Gm c S.—Y at me address sheen below. You may lea
camel tla Inf Ion Sarvioss Brands of me N"a Gmtlatio Survey at (301)
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m tad atg field survey. Otha flood ho—d data anon an ooh map may
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oeaaed Ram lfawN Date, ands sanmary dsalwWa ewatloatebba mnteirea went we Fiem
heuarea Sbdy (FUN report Inal aanmpaniea m: FIfeM. UaenaISWO be away lhal9FEn dhow, on
wa FPM repmwW maenad .fide -loot Wevatbm. Then pFH am bonded for Tom heumnee
This digital Flood Insurance Rate Map (FIRM) was pmduwd mmugh a unique
000paalive pabanhip between the Sob of North Camlma and me Federal
Emergency Marla gemenl Agency (FEMA). The Sob of Nomh Carotin ha,
-ring wrwwa only and alwub rot be usnd w the axle aaaw d Aom elavatlon nfonnow..
—ft Sam elwabn data pmeenbd in fad FIS mood about b utibnd in mnHndion wan Ina
FIRM rapugraes.l caMmcbn and /aAOndPbbnar,a—
implanenod along iann appraaM d IbmplNn mvnapemenl b tlecmew ma
cwt oodp a MN at the to The Ia. As tale of fe Idbb sc lass of N. Io
map 600tlpWn alts el the owl level. M a paH a1 Nb elforf. pa yob of NoM
Caroline hen joined In a Coopeleling -hrI -I Sbb aprmanl Mm FEMA to
proWw and mainy the digital FIRM.
Boandadaa N mpWatay flaedvays Shawn on fie FORM far loading ao— wWW by d.W
oaworb caws uwrpued N cow os liana and hbrpdeW between rose eeclbna. The MoMaYe
w. bawd al hydaulb WmIdentow, wah Mad to rpniamate of tie National Flood Ineuanw
Program Flomn,aY .idtln and oma
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kr dwdtg waaa .bd:d by limbd dated.
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Certain arose no In Special Flood Harerd Aura maybe protected by flood control abenlae
Rd. o Sedon 9 { 'Flood Pno a .n Marius. d he Food Insualwe Sbdy repo
bfanabn on fled ..m..ctum. in IMe faeJiotioa
Sr rap mformNbn and g.o hol deb Ueetl b dP p thin FIRM weed obleined fn
vm:rm Manbetbns. ixitang m. pa6.ipaM1ry b wmmonlly(m), ate. and reds
Sgae. Do In a parooacas. TM primary beefy rim FIRM is dental imagery nfou tlbyl
Sob. Thor hoer plie l of he to iol fir the yC—) Ime;M th a 2o93 MA x006. ;o paciioo a and
peo.pabl dab l do, M m the bcal wmmamba) tlm mete ho base map epel l
ao b,- fie preferred IFIRM far davonol in d of the bow map. Se. ,.Nor
meatlate 1,r me essacidad tlpitel FIRM fa addlbnN inbrmNion shad taw map Pmpaatla
Sew nmp hebm. shown on rob nap. aunt as .P— pMO..r. boom on me most up+
role dale awbble d the time of publkallbn. Ch pa In the corporate Ilmlb nay hs
.wend Nnoo We map wad puboMad. Map a— about oonsuh me aoproPdeta wmam
official or wNwha to wrfy carol oandl" of joiGdMUi bowdabs and ban, map fedun
This map may tel made mN ward mnWtlered b the hydra Ac analyeb of Meade wale
no mew hydmWb modal wad —to durhp h padmbn d Ihle eblewltle fo nat FIRM.