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Home My WebLink About20141024 Ver 1 _PCN_AdditionalInfo _20141230UT to Town Creek Restoration Site — Option A PCN Additional Information 11 B. Project Information and Prior Project History 1a. 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 ofjurisdiction Corps— Area of number (P) or impact wetland Forested (404, 10) or DWQ (401, other) impact Temporary (T) (acres) W7 — P & T Excavation Headwater Yes Corps 0.002 & Grading 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 long term ecological benefit. See Mitigation Plan for additional information. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I.D.: SAW- 2013 -01280 County: Stan ly 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.: 704- 665 -2206 Property description: Size (acres): Nearest Waterway: UT to Town Creek Coordinates: 35.4328 / - 80.2470 Nearest Town: New London River Basin: Rocky Watershed; Upper Pee Dee Basin Hydrologic Unit Code: 03040105 Location Description: The site is located west of Old Salisbury Road, southeast of its intersection with Misenheimer and Steakhouse Roads 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 CFR Part 331). ). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the 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 (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the 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 - 2013 -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 Determination The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers 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, 2011 to verify JD features and updated map received August 10, 2011. E. Attention USDA Program Participants This delineation/determination has 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 1OM15 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_10 Issue Date: July 17, 2013 Expiration Date: July 17, 2018 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 ft://per2.nyT.usace.ariny.mil/survey.htm to complete the survey online. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Michael Baker Engineering, Inc / Attn: File Number: SAW -2013- Date: July 17, 2013 Kristi Leadmon Suggs 01280 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission ) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at h :I /www.usace.army.miUCECW/Pa es/re materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 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 of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 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. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 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 DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: 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 1OM15 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. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Steve Kichefski, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional 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 1OM15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 't . Misenheitner Rd. Wetland 1 = No Impacts WWI— AV av t� 4 i9 Wetland 2 Impacts: rOTemporary = 0.024 ac Wetland 3 Impacts: Permanent = 0.004 ac Temporary = 0.079 ac Permanent = 0.026 ac g r u Wetland 4 Impacts: Temporary = 0.009 ac Permanent= 0.005 ac l r e ' Wetland 5 = No lmpacts r ` Wetland 6 Impacts: �Y • • � - F Temporary = 0.00 ac (( Permanent = 0.04 ac W� �' ✓ , mot) R Wetland 7 Impacts: o Temporary = 0.225 ac Permanent = 0.022 act I t Proposed Wetland Impacts Map Map Vicinity LEGEND UT to Town Creek Restoration Site - Option A Conservation Easement Wetland Impact Type Stanly County, NC Project Site r Jurisdictional Wetlands Temporary Reference: Stanly Co. GIS - 2005 Aerial Mitigation Type Permanent NC EEP: Contract No. 003277 — Restoration (PI) & Project No. 94648 Enhancement I (P3) N 0 62.5 lzs zso En a�e L Dec 2014 Feet — Enhancement II (P4) PROGRAM 1" = 250' Stanly County, NC 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. (Owner Signature) (Print Name) Date: 0- 17 7n d. (Address)