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HomeMy WebLinkAbout20141024 Ver 1_401 Application_20141214h�c� WA7 O ^C 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 !, � 4 tf CL o c t u M ti C CL ` d a q6 ri � 1 ao 0 tf ��•, �'� � II II �4 t 40 i s. i = t STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM 11. all. flood haaard knformalion. (�j \�L'''.. N j• rmnm •.� rausmerRUnuc ccraxna S Law ,dw ` I � 1 t eZOOpo FEET ri �a c m nu',�f FY .^ a }y eplmov SYi113, RfMNN', GaoM i RAND6LPN '. f 6125pa FEET �� ,.. � .! I/ �Y _ y I /{L A lv r `.� `. • 1 . www.ncfloodmaps.fxm IONS1 it h i k'l• p _ ` I 4 rf to � MOMIYCYEIIY ' _,' rzor2� 0 x �b ry � .�1 � :�J- d • ' ��/�y �� I '�RICRYgap uldox ANIBOM •'•••� DATUM INFORMATION The Palacflm used in Ina pmpamtion of me may wa m. Norm Canna m Stacy Flew (Ffl` IDW 32(9). The horhomal datum was Me X­, Amwlcan Dab. of 1983. GRSW eFp.ob. DM.ranoed b ddan, Nfipaoid, pmjectw. or Upyv l Tmnsvaw Mereaor zany aped In me pradotia of FORMS fa adfecent jubdiclioa mar waun in aWht poettblul dMemnw, in map fae r jucdic8aal boundaries. These dlperamsa do net a6 me ­W of me FIRM.M monS.— on h: map era in U.S. Survey F-. harem 111.5. Savvy Fool v 1290993] Mebrs. Flood elevdbna an this map a Ferancad b me Norm A —n V nloal Datum a 1988 (NAND 88). These Mod aIa -ions amt be oongared b ..ctUm and gmurM Nmtio, raomnnwd 10 the dame , dNUn. M avarape offs) batwan NAND fiB and iM NetbnN ^ -= .dc VerMal DNan d 1029 (NGVD 29) b the Mf d "W10ne North hem not ,dooE auraY6ig Ina oeapm o applied dblwNda fennel FORM. The offeee fa each county ahorm w this FIRM panel am shown h tla vertical datum offset table 1,11x. Wham a oaO boundary and e floodhg awm. vdh unrwbed NOVD 2B fiord Nsvetloa am ownbtlsof, en "xid 1 .1 hee base woulefm and applied ding Be ­,Non of the ahlewitle fo not FIRM. See Section 6.1 of to a penyilp Food tnuranra Study report b obW FuMa information on MIS wnvemnn of ebvetlgne beMeen .. and NGVD 29. To obtain anent abvatlerr, daaplbn, endna 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) Ti]J ,avek ea wehake at M1, /AVV.w.asnose Norm CaefinaG tic S.,, Cwhty Av mw Vortical Delum Offwt Table 121 Weot3 Skeet ebgh 4avmvy R. NC 21801 a P ( 19)1 M3 xa.faal All Steams bbd In the Flood Hawd Date Table baton, eaa a A M by Belled m tad atg field survey. Otha flood ho—d data anon an ooh map may haw been d.dvm using aims a c I on csw aratm d- Rivmn. a ^nUa o Mae tdhanot n de me I$ooding sou rsagal by tl nelysee h m laadin tie Flood! lnwranw Sludymlort. JILM IANfc.YE r 7® 5� / .. •.set - i� S. r 1B Np Er, 1 _ r a +rr 619000 FEET ' t e..o0 FEET SESra Th I b map N for use In admiMWedrp tad Natlasl Flood ke m ca Program. k doe, not ar 11. all. flood haaard knformalion. (�j \�L'''.. N j• rmnm •.� rausmerRUnuc ccraxna S Law ,dw R t Ay„ SYi113, 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, ti ,'T-. 6125pa FEET 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 r.anod n wroh mperda w= mwq deb brllootlhp eourrae etediatl by OeWbtl kr dwdtg waaa .bd:d by limbd dated. rwalade en xv 4ded In me Flood lauanw Sleety (FIS) repea or rob Nn:doaen. Thr FIS raga, www.ncfloodmaps.fxm also pandas bs.otiom far —.ng a flomway ahp rnwarnmoaUnaW w;dme or aooeng readea aerdrm lay armor deWi,d mamma. I 4 rf _ r a +rr 619000 FEET ' t e..o0 FEET SESra Th I b map N for use In admiMWedrp tad Natlasl Flood ke m ca Program. k doe, not ar wwewdy identifya8 or s.I-o flomag, peHierbdy M1om local dalwpe dwrws of amen stte. The marlunity map npositwy shout be owalted fa p,I.ibb upd.tnd or additional all. flood haaard knformalion. (�j \�L'''.. N j• rmnm •.� rausmerRUnuc ccraxna S To abbe nom dNalm inlamalbn b auras whore fin, Fbm EMVNbro (BFEE) andof nemw.ya lave been dNmnam,, user are anwureged b —11 as Foad ProRw, Float 4 Dale. Limdd 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 r.anod n wroh mperda w= mwq deb brllootlhp eourrae etediatl by OeWbtl kr dwdtg waaa .bd:d by limbd dated. rwalade en xv 4ded In me Flood lauanw Sleety (FIS) repea or rob Nn:doaen. Thr FIS raga, www.ncfloodmaps.fxm also pandas bs.otiom far —.ng a flomway ahp rnwarnmoaUnaW w;dme or aooeng readea aerdrm lay armor deWi,d mamma. g ,ter Proµtct r4 -f r � ltig4v l�nuplyl 1,J),worporated Ari l y d ". a. F � dT r� d e i 1. kb, ZONE: 5 r :Y 11 NOTE! 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.