HomeMy WebLinkAbout20151145 Ver 1_401 Application_20151015aHey9 wflHams9 ccai°men &
OKEligineei- ing • ArrhiIc ctul- c • Lancl
October 27, 2015
Ms. Karen Higgins
North Carolina Department of Environment
and Natural Resources
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699 -1617
Subject: Swordfish Park LLC Driveway Relocation
AWCK Project: 15103
Dear Ms. Higgins:
Mng,
5111.1 -c Ying
On behalf of Swordfish Park, please find enclosed the PCN Form, Agent Authorization
Form, Impact Drawing, Construction Plans, Verifications, Exhibit Map, and check for the
subject project. Copies of this submittal are being sent to Mr. David Bailey with the U.S.
Army Corps of Engineers and Ms. Sue Homewood with the NC Division of Water
Resources.
Should there be any questions concerning this submittal, please let me know.
Sincerely,
ALLEY, WILLIAMS, CARMEN & KING, INC.
S. Kyle Smith, P.E.
Enclosures
cc: David Bailey, U.S. Army Corps of Engineers
Sue Homewood, NC DWR
740 Chapel Hill Road (27215) • P.O. Box 1179 • Burlington, North Carolina 27216
Tel. - (336) 226 -5534 • Fax - (336) 226 -3034 • awck.com
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DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
,/
Pre - Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® 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
® 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:
Swordfish Park LLC Driveway Relocation
2b.
County:
Alamance
2c.
Nearest municipality / town:
Mebane
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Swordfish Park LLC
3b
Deed Book and Page No
DB: 3331 Pg. 348 _
3c.
Responsible Party (for LLC if
applicable):
Tony Squires
nn
3d.
Street address:
1518 Trollingwood Hawfields Road 1"I
nrT 1101
3e.
City, state, zip:
Mebane, NC 27302
3f.
Telephone no.:
336- 260 -4250 DENR - WATER
3g.
Fax no.:
N/A
R PERMITTING
3h.
Email address:
sncproperties @mebtel.net
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
,/
4.
Applicant Information (if different from owner)
4a.
Applicant is:
® Agent ❑ Other, specify:
4b.
Name:
Kyle Smith
4c.
Business name
(if applicable):
Alley Williams Carmen & King
4d.
Street address:
740 Chapel Hill Road
4e.
City, state, zip:
Burlington, NC 27216
4f.
Telephone no.:
336- 226 -5534
4g.
Fax no.:
336- 226 -3034
4h.
Email address:
ksmith @awck.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Kyle Smith
5b.
Business name
(if applicable):
Alley, Williams, Carmen & King, Inc. `
5c.
Street address:
740 Chapel Hill Road
5d.
City, state, zip:
Burlington, NC 27216
5e.
Telephone no.:
336- 226 -5534
5f.
Fax no.:
336- 226 -3034
5g.
Email address:
ksmith @awck.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
9804928118
1 b.
Site coordinates (in decimal degrees):
Latitude: 36.0625 Longitude: - 79.307222
(DD.DDDDDD) ( -DD DDDDDD)
1c
Property size:
15.5 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Back Creek
proposed project:
2b.
Water Quality Classification of nearest receiving water:
WS -V, NSW
2c.
River basin:
Cape Fear
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:
Existing condtitions are lawn area within a mobile home park.
3b.
List the total estimated acreage of all existing wetlands on the property:
There are 0 estimated acres of wetlands on this property.
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
The estimated linear feet of all existing streams on this property is 290 LF.
3d.
Explain the purpose of the proposed project:
A new road is being constructed with turn lanes and traffic signals that intersects with Trollingwood Hawfields Road. The
exisitng driveway is located approximately 135 LF from the proposed road. Safety is a major concern with the existing
drive so close to the new intersection so the dirveway is being re- located to to the new enter at the new intersection
where traffic can safely enter and exit the mobile home park with the assistance of turn lanes and traffic signals.
3e.
Describe the overall project in detail, including the type of equipment to be used:
For the overall safety of the residents of the mobile home park, the driveway will be relocated to a new signalized
intersection on Trollingwood Hawfields Road. This relocation will involve the use of excavators, dozers, loaders, and
trucks to install a couple of culverts and construct a new roadway to current Class 2 roadway standards. The new
driveway will involve one 15" driveway culvert to convey stormwater within the ditches along Trollingwood Hawfields
Road. The second culvert will be a 54" RCP with endwalls to cross an existing stream within the current alignment. The
drive is designed to cross the stream at 90 degrees and will utilize endwals on both ends of the culvert to minimize
impacts to the stream. The current driveway connection to Trollingwood Hawfields will be removed and re- vegetated.
Mailboxes will be relocated off Trollingwood Hawfields Road to a widened section of the driveway outside of any buffer
zones.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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?
Comments: As part of an adjacent project, portions of the
stream on this property were verified by Mr. Andy Williams -
USACE and Ms. Sue Homewood -NCDWQ in August 5, 2013
® Yes E] No F1 Unknown
as part of an adjacent project (Project Swordfish). As part of
Project Swordfish, Trollingwood Hawfields Road was
widened and therefore, impacted a portion of the stream on
the Swordfish Park LLC property. The proposed driveway
relocation project has no ties to the existing Project
Swordfish.
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Name (if known): N.C. DOT (Deanna Riffey, Rachelle
Agency /Consultant Company: ECS Carolinas, LLP
Beauregard, Tyler Stanton, Amy James, Jim Mason) and
Other: N.C. DOT
ECS Carolinas, LLP (Bradley Luckey, David Brame and
Michael Brame)
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps - 10 -30 -13 DWR - 2 -25 -14
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Permits for an adjacent project known as Project Swordfish have been obtained in the past. However, this project and
property owner is in no way affiliated with the original "Project Swordfish ". This project is also located outside the
delineated economic development zone that was associated with "Project Swordfish ".
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
The owner purchased the existing mobile home park in May, 2014, after the announcment of "Project Swordfish ". The
property owner has stated that he has two other mobile home parks as investments and plans to do the same with this
property and keep it as a mobile home park.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® 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 jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes,
❑ Corps
❑ No
❑ DWQ
W3 ❑ P FIT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ PMT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: Wetland impacts are not proposed.
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
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Culvert
UT To Back Creek
❑ PER
® Corps
2
52
(SA)
® INT
❑ DWQ
S2 ❑ P ®T
Culvert Installation
UT To Back Creek
(SA)
❑ PER
® INT
® Corps
❑ DWQ
2
5
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
57
3i. Comments: 47 linear feet of stream will be permanently impacted due to culvert and endwall installation. 5 linear feet of
permanent impacts are due to bank stabilization. 5 linear feet of temporary impacts will result from culvert installation.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4L Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, then 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
Flooded
P1
P2
5L Total
5g. Comments- Constructed ponds or lakes are not being proposed for this portion of the site.
5h. Is a dam high hazard permit required?
❑ Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
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 you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar-Pamlico ®Other: Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ®P ❑ T
Culvert
UT To Back Creek
❑ Yes
2,742
1,933
(SA)
® No
B2 ❑P
El Yes
❑ No
B3 ❑P
El Yes
❑ No
6h. Total buffer impacts
2,742
1,933
6i. Comments: The proposed driveway relocation is designed to cross the stream perpendicular to minimize impacts to the
buffers. Portions of the existing driveway are currently within the buffer. As part of this relocation the existing driveway
connection to Trollingwood Hawfields Road will be removed and re- vegetated. Portions of the drive that is being re- vegetated
are within the stream buffer.
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 driveway relocation was designed to the minimum standards for a Class 2 roadway as required by the Alamance County
Subdivision Ordinance. Minimum widths for the roadway and shoulders were used to reduce the overall footprint of the
driveway. The stream crossing was designed to cross the stream perpendicular to minimize overall impacts. The culvert was
designed with end walls to reduce the length of pipe installed and overall impacts to the stream and buffers.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. The culvert was oversized and will be buried a minimum of 1'
below the bottom of the stream channel to allow the culvert to silt in and have a natural bottom. Banks will be stabilized
downstream of the culvert to reduce the potential for erosion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
❑Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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:
❑ warm ❑ cool ❑cold
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:
S.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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 ❑ 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 8of12
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
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
Comments: No concentrated flow will be generated as a result of this project.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
Existing - 9% Proposed - 10 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: This
project is a low density project.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
® DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Mebane
® Phase 11
3b.
Which of the following locally - implemented stormwater management programs
❑ NSW
❑ 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
attached?
❑ Yes ® No
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 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ 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
® 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
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes
® 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
® 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 project is only the relocation of an existing driveway for safety purposes. This project should not result in any new
development.
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.
Wastewater will not be generated by the relocation of the driveway.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
S.
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?
❑ Raleigh
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?
As of September 22, 2010 the USFWS does not list any federally protected species for Alamance County.
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as essential fish habitat?
70 Yes ® No
6b.
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
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 ® 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?
A as part of an adjecent project, previous intensive archaeological survey [Office of State Archaeology ER # 97 -8950,
(Cassedy, Daniel F. 1997)] covered the archaeological Area of Potential Effects (APE) for this project, a proposed new
roadway including any associated construction easements. As a result of that reporting, no archaeological resources
were identified that were considered eligible for the National Register of Historic Places (NRHP).
Comprehensive historic architectural survey of Alamance County (under the direction of the SHPO) is extensive (1978 -9,
1989 -90, 1991 -2, and 2001 -2) and illustrates, as do the county GIS /tax records, the absence of critical historic buildings,
structures, and landscapes in the APE NCDOT Historic Architecture's onsite investigation of the National Register - listed
Hawfields Presbyterian Church (AM 7) vicinity for PA project 12 -03 -0051 (WBS No 7C.001019) in June of 2012 confirms
this finding. The current APE does not intersect the nearby, National Register - listed Kerr -Scott Farm (AM 464) and
Henderson Scott Farm (AM497).
8. Flood Zone Designation (Corps Requirement)
8a.
Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b.
If yes, explain how project meets FEMA requirements:
8c.
What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information Systems
S. Kyle Smith
10/26/15
Applicant/Agent's Printed Name
Date
pp A an gent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION FORM
PROPERTY ADDRESS: 1518 Trollingwood Hawfields Road
Mebane, NC 27302
APPLICATION INFORMATION:
NAME: Swordfish Park LLC
Tony Squires
Address 5718 West Ten Road
Mebane, NC 27302
Telephone Number: (336) 260 -4250
Fax Number:
E -mail Address: sncproperties @mebtel.net
The undersigned, registered property owners of the above noted property, do hereby authorize
Kyle Smith of Alley Williams Carmen & King
(Contractor / Agent)
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this
permit or certification and any and all standard and special conditions attached.
Signature: ,-�. Date: I LZ 115
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1 0 30
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PERMANENT IMPACTS
WETLANDS
0 AC.
STREAMS 147 LF. 1 .0022 AC.
STREAM BANK STABILIZATION
5 LF.
BUFFER ZONE 1
2.742 S.F.
BUFFER ZONE 2
1,933 S.F.
TOTAL BUFFER AREA
4,675 S.F.
— — —
STRGI.W (Si /)
PERMANENT BUFFER ZONE 1 IMPACTS
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039206
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PERMANENT BUFFER ZONE 2 IMPACTS
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1 0 30
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PC= 1 +46.42
PERMANENT IMPACTS
WETLANDS
0 AC.
STREAMS 147 LF. 1 .0022 AC.
STREAM BANK STABILIZATION
5 LF.
BUFFER ZONE 1
2.742 S.F.
BUFFER ZONE 2
1,933 S.F.
TOTAL BUFFER AREA
4,675 S.F.
TEMPORARY IMPACTS
STREAM IMPACT 1 5 L.F. 1 .0002 AC.
\-N LEGEND
PERINMEM STREAM TMPACIS
TEMPORARY STREAM WPAC73
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srREAM awR srABwzATroM
E S S 14
— — —
STRGI.W (Si /)
PERMANENT BUFFER ZONE 1 IMPACTS
SEAL
039206
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PERMANENT BUFFER ZONE 2 IMPACTS
••
I NEED
AU.OWABlE wrrNouT MRiGATTON
...
PROJECT NO. - 15103 ''
NEW ROADWAY IMPACTS FOR ' seaeErNo
alley, wi{liams, carmen & king, inc.
ENGINEERS, ARCHITECTS & SURVEYORS SWORDFISH PARK LLC
CBM740 chapel hill road p.o. box 1179 DRIVEWAY RELOCATION
Burlington, n.c. 27215 336/226 -5534 MELVILLE 7WSP., AIAMANCE COUNTY, N.C.
UAFfrm's Engineering License No. F -0203 ICAO 1" = 30' ogre 9130115 1 DWG BY WDF °F 1
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2013 -01456 County: Alamance U.S.G.S. Quad: NC- MEBANE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: North Carolina Department of Transportation
Chuck Edwards
Address: P.O. Box 766
Graham, NC 27253
Telephone Number: 336 -570 -6833
Size (acres) 1,200 acres Nearest Town Mebane
Nearest Waterway Back Creek River Basin Haw. North Carolina.
USGS HUC 3030002 Coordinates Latitude: 36.05614
Longitude: - 79.3288
Location description: This site is generally bounded by by Interstate 85/40 to the north, Trollingwood Road /NC119 to the East,
NC 119 and Jim Minor Road to the south, and Cherry Lane to the West. The Roadway is identified by The North Carolina
Department of Transportation ( NCDOT) as Transportation Improvement Project (TIP) U -5538.
Description of projects area and activity: This authorization is for temporary and permanent impacts to jurisdictional streams
and wetlands associated with the construction of a new NCDOT roadwav associated with the Alamance Interstate Corridor
Development Zone (AICDZ) as follows: Crossing #1: Stream SA -44 linear feet of permanent impact for culvert installation, 12
linear feet of permanent impacts for rip rap bank stabilization and 37 linear feet of temporary impacts for dewatering
activities and at Wetland WA -0.01 acre of permanent impact for culvert installation. Crossing 42: Stream SB -73 linear feet of
permanent impact for culvert installation, 21 linear feet of permanent impacts for rip rap bank stabilization and 8 linear feet
of temporary impacts for dewatering activities. Crossing #3: Stream SC -68 linear feet of permanent impact for culvert
installation, 7 linear feet of permanent impacts for rip rap bank stabilization, 7 linear feet of temporary impacts for
dewatering activities and at Wetland WC -0.17 acre permanent impact for culvert installation. Crossing #4: Stream SH -8
linear feet of permanent impact for culvert installation and 9 linear feet of permanent impacts for rip rap bank stabilization.
Crossing #5: Stream SK -72 linear feet of permanent impact for culvert installation and 13 linear feet of permanent impacts for
rip rap bank stabilization. Crossing #6: Stream SG -69 linear feet of permanent impact for culvert installation, 7 linear feet of
permanent impacts for rip rap bank stabilization and 6 linear feet of temporary impacts for dewatering activities.
This permit authorization supersedes the Nationwide Permit authorization for SAW- 2013 -01456 which was verified on 30
October 2013.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NW P 39 Commercial and Institutional
Developments.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated January 16, 2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and /or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919 - 807 -6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808 -2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at 919 -554 -4884 x26 or Andrew .E.Williams2(i�usace.army.mil.
Special Conditions:
1. In order to compensate for stream impacts associated with this permit, mitigation shall be provided in accordance with the
provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The
requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of
this permit authorization.
2. In order to compensate for wetland impacts associated with this permit, mitigation shall be provided from the NCDOT
Bryan Boulevard Mitigation Site. The NCDOT will debit 0.34 acre of credits from the site. A copy of the ledger will be
provided to the Corps of Engineers, Raleigh Regulatory Field Office, on or before March 30, 2014.
Remarks:
This Nationwide Permit Verification (SAW- 2013 - 01456, AICDZ Road) includes impacts to over 300 linear feet of intermittent
stream bed /channel. The District Engineer has waived the NWP 39, 300 linear foot limit for intermittent streams and has
included written determination concluding the discharge will result in minimal adverse effects in the project file.
The Alamance Interstate Corridor Development Zone (AICDZ) has been determined to be a single and complete project, as
defined in the Code of Federal Regulations (CFR) at 33 CFR 330.2(1). The use of more than one Nationwide Permit (NWP) for
a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the
NWPs does not exceed the acreage limit of the NWP with the highest specific acreage limit. The threshold limits of the
applicable NWPs are 0.5 acre of non -tidal waters, including the loss of no more than 300 linear feet of stream bed, unless the
district engineer waives the 300 linear foot limit for intermittent and ephemeral stream beds by making a written
determination concluding that the discharge will result in minimal adverse effects. Based on the information that has been
submitted to date, impacts to waters of the United States for the following three (3) projects: SAW- 2013 -01456 (AICDZ Road),
SAW- 2013 -01696 (Project Swordfish), and SAW -2013 -01897 (AICDZ Sewerline) do not exceed the threshold limits of the
applicable NWPs. However, when either of these threshold limits is exceeded by subsequent projects within the boundary of
AICDZ (including but not limited to the three (3) projects listed above), an Individual Department of the Army permit will be
required for all subsequent proposed work.
Corps Regulatory Official: ° Date: February 24, 2013
Expiration Date of Verification: 03/18/2017
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area 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.
C. ❑ There are waters of the US and/or wetlands within the above described project area 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW-
Basis For Determination: The six (6 )streams (SA, SB, SC, SH, SK, and SG) are relatively permanent waters
(RPW) and are all unnamed tributaries to an unnamed tributary (also an RPW) of Back Creek. Back Creek is a RPW and a
tributary to the Haw River, a traditionally navigable water (TNW). The Haw River is a tributary to the Cape Fear River, a
navigable water of the United States. The Ordinary High Water Marks (OHWMs) of the unnamed tributaries were indicated
by the following physical characteristics: clear natural line impressed on the bank, shelving, changes in the character of the
soil, and the destruction of terrestrial vegetation. The wetlands (WA and WC) meet the hydrophytic vegetation, wetland
hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains
and Piedmont Regional Supplement. Wetland WA is contiguous with Stream S1 and Wetland WC is contiguous with Stream
SC.
This jurisdictional determination is only for the stream /wetlands within the proposed road corridor associated with this
Nationwide Permit verification and does not include any other waters /wetlands that may be located on the properties /project
site.
Remarks: A Preliminary Jurisdictional Determination was provided with the Nationwide Permit authorization for
this project on 30 October 2013.
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
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and 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
Phone: (404) 562 -5137
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 by: Not Applicable.
* *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:
AA Digitally signed by WILLIAM$ ANDREW 11144161611
AA
DIN -US, WI Government, o E 1244 61655 ,
• �V you =USA, cn= WILLIAM$ ANDREW E 1244561655
Date 2014 02 24 15 59 58 - 05'00'
Andrew Williams
Date of JD: 10/25/2013
Expiration Date of JD: None
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 our customer Satisfaction Survey online at http:// per2 .n2m.usace.army.mil /survey.html .
Copy furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Resources
585 Waughtown Street
Winston- Salem, North Carolina 27107
David Cheek
City of Mebane
106 East Washington Street
Mebane, North Carolina 27302
Frankie Maness
City of Graham
P.O. Drawer 351
Graham, North Carolina 27253
Rachelle Beauregard
Natural Environment Section
Project Management Group
Central Regional Manager
1598 Mail Service Center
Raleigh, North Carolina 27699
Action ID Number: SAW- 2013 -01456 County: Alamance
Permittee: North Carolina Department of Transportation
Chuck Edwards
Project Name: City of Graham, City of Mebane and Alamance County / Alamance Interstate
Corridor Development Zone Roadway
Date Verification Issued: 02/24/2014
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
SECTION I - The "following identifie§ your rights and,.optioris:regarding3an a diriini"strative app'eaI 'T;thq, above decision
vf : ter° ,, " " ..•. K' s;`' "f.r#
Additional information inay be found at htip. ? /www.usace.army .mil /indtYfuricti6ns /c�v /cecwo %reg
Corms 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 1I 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.
NOTIFICATLO OF AD i iNISTRATIVE APPEAL OPTIONS AND PROCESS A �
REQUEST OR APPEAL
Applicant: North Carolina Department of
Transportation
Chuck Edwards
File Number: SAW- 2013 -01456 Date: 10/30/2013
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
nj
APPROVED JURISDICTIONAL DETERMINATION
D
NJ
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The "following identifie§ your rights and,.optioris:regarding3an a diriini"strative app'eaI 'T;thq, above decision
vf : ter° ,, " " ..•. K' s;`' "f.r#
Additional information inay be found at htip. ? /www.usace.army .mil /indtYfuricti6ns /c�v /cecwo %reg
Corms 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 1I 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 district 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 H - REQtJEST,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,QVESTIONS,OR INFORMATION;
If you have questions regarding this decision and /or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn:
Mr. Jason Steele, Administrative Appeal Review Officer
Andrew Williams
CESAD -PDO
3331 Heritiage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303 -8801
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 investi ations.
Date:
Telephone number:
Signature of appellant or agent.
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 IOM 15, Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
February 25, 2014
NCDOT
Attn: Chuck Edwards, Division 7
PO Box 766
Graham NC 27253
DWR # 13 -1045 v2
Alamance County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Jordan Lake Buffer Impacts with Additional Conditions
AICDZ- Proposed Road
Dear Mr. Edwards:
You have our approval for the impacts listed below for the purpose described in your
application for permit modification dated January 16, 2014 and received by the Division of
Water Resources — Water Quality Programs (Division) on January 17, 2014 and subsequent
information on February 7, 2014 and February 20, 2014. These impacts are covered by the
attached Water Quality General Certification Number 3890, Jordan Lake Riparian Buffer Rules
and the conditions listed below. The General Certification allows you to use'Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge,
and Water Supply Watershed regulations.
The Alamance Interstate Corridor Development Zone (AICDZ) has been determined to be a
single and complete project by the US Army Corps of Engineers (USACE). Impacts for the
following three projects: DWR #13 -1043 — AICDZ Proposed Sewer; DWR# 13 -1045 AICDZ —
Proposed Road; and DWR# 13 -1044 Project Swordfish and all other proposed and future
impacts within and associated with the AICDZ, have been determined to be a single and
complete project.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
Winston -Salem Regional Office
Location: 565 Waughtown SL Winston - Salem, North Carolina 27107
Phone: 336- 771 -50001 FAX: 336- 771.46301 Customer Service: 1-877-623-6748
Internet. www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NCDOT — AICDZ Proposed Road
DWQ# 13 -1045 Q
401 /Buffer APPROVAL
Page 2 of 6
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
(units)
Permanent
Stream
Site SA
56 linear feet
Culvert and bank
stabilization
Site SB
94 linear feet
Culvert and bank
stabilization ,
Site SC
75 linear feet
Culvert and bank
stabilization
Site SH
17 linear feet
Culvert and bank
stabilization
Site SK
85 linear feet
Culvert and bank
stabilization
Site SG
69 linear feet
404/401 Wetlands
Site WA
0.0101 acres
l
Site WC
0.1739 acres
Buffers — Zone 1
Minus Wetlands within
Buffer
Site SA
5390 square feet
439 square feet
Site SB
5917 square feet
Site SC - perpendicular
5061 square feet
2038 square feet
Site SC - parallel
90 square feet
* requires mitigation
Site SH
3269 square feet
Site SG
4776 square feet
Buffers —Zone 2
Site SA
3292 square feet
Site SB
3791 square feet
Site SC - perpendicular
3394 square feet
1613 square feet
Site SC - parallel
678 square feet
* requires mitigation
Site SH
3738 square feet
Site SG
2992 square feet
Site SF — non road
crossing impacts
441 square feet
*requires mitigation
NCDOT — AICDZ Proposed Road
DWQ# 13 -1045 Q
401 /Buffer APPROVAL
Page 3 of 6
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certification (s) /Permit /Authorization and is responsible for complying with all
conditions.
3. Mitigation must be provided for the proposed impacts as specified in the table below.
4. Any additional impacts to streams, buffers, and /or wetlands as a result of future roads,
buildings, driveways, utility lines or other development related activities within this
project as defined by the US Army Corps of Engineers (USACE) may require a
modification-of this 401 Water Quality Certification or Buffer Authorization approval.
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed.
6. All temporary impacted areas will be restored to pre- construction natural conditions
upon completion of the project. Native vegetation shall be used for wetland and stream
bank stabilization.
7. When final design plans are completed for Phase II of this road, final designs for the road
crossing at Stream SG shall be submitted with five copies and fees to the Division.
Compensatory
River and Sub -basin
Mitigation Required
Number
Stream
311 feet
Cape Fear 03030002
Buffers
1949 square feet
Cape Fear 03030002
Jordan Lake — Haw River
Subwatershed
Wetlands
0.18 (acres)
Cape Fear 03030002
4. Any additional impacts to streams, buffers, and /or wetlands as a result of future roads,
buildings, driveways, utility lines or other development related activities within this
project as defined by the US Army Corps of Engineers (USACE) may require a
modification-of this 401 Water Quality Certification or Buffer Authorization approval.
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed.
6. All temporary impacted areas will be restored to pre- construction natural conditions
upon completion of the project. Native vegetation shall be used for wetland and stream
bank stabilization.
7. When final design plans are completed for Phase II of this road, final designs for the road
crossing at Stream SG shall be submitted with five copies and fees to the Division.
NCDOT — AICDZ Proposed Road
DWQ# 13 -1045 v2
401 /Buffer APPROVAL
Page 4 of 6
8. The Division approves the diffuse flow and stormwater management plan consisting of
two level spreaders and grassed swales and all associated stormwater conveyances, inlet
and outlet structures, and the grading and drainage patterns depicted on plan sheets
dated December 12, 2013 with modifications to Sheet 36 of 39 dated February 7, 2014,
which are incorporated by reference and are enforceable by the Division. The following
conditions also apply:
a) The footprint of all diffuse flow devices as well as an additional 10 -foot wide area on
all sides of the devices shall be' located in either public rights -of -way, dedicated
common areas or recorded easement areas. The final plats for the project showing
all such rights -of -way, common areas and easement areas shall be in accordance
with the approved plans.
b) The approved diffuse flow plan shall be constructed and operational before any
permanent building or other structure is occupied at the site.
c) The diffuse flow or stormwater management plan may not be modified without
prior written authorization from the Division. A copy of the approval letter and the
modified SMP shall be submitted to the DWR Webscape Unit prior to the
commencement of the modifications.
d) Maintenance activities for the level spreaders and grassed swales shall be performed
in accordance with NPDES permit NCS00250 issued to NCDOT by the Division.
e) IfIany erosion problems are observed in the surface waters downslope of the
stormwater discharge points, then you shall immediately repair and correct the
problem and prevent further damage and sediment discharge to the receiving
surface waters. Please be aware that these repairs may require you to obtain a 404
Permit from the Corps and a 401 Certification from the Division.
9. The applicant and /or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at http: / /Portal.ncdenr.org/ web /wa /swp /ws/ 401 /certsandpermits /apply /forms).There
shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow
sites, or access roads to waste or borrow sites, be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road
construction activities.
10. All riparian buffers impacted by the placement of temporary fill or clearing activities
shall be restored to the preconstruction contours and revegetated. Maintained buffers
shall be permanently revegetated with non -woody species by the end of the growing
season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will
be subject to regular NCDOT maintenance activities including mowing. The area with
non - maintained buffers shall be permanently revegetated with native woody species
before the next growing season following completion of construction.
NCDOT — AICDZ Proposed Road
DWQ# 13 -1045 Q
401 /Buffer APPROVAL
Page 5 of 6
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within 30 calendar days.
A petition form maybe obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH clerk's office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable filing fee is received by the Office of Administrative
Hearings within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under section 401 of the
Clean Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267.
Please contact Sue Homewood at 336 - 771 -4964 or Sue. Homewood @ncdenr.eov if you have
any questions or concerns.
Sincerely,
0�) '-/Q
Amy Chapman, Su ervisor
Transportation Permitting Unit
Enclosures: GC 3890
Certificate of Completion
NCDOT —AICDZ Proposed Road
DWQ# 13 -1045 Q
401 /Buffer APPROVAL
Page 6 of 6
cc: Kyle Smith, AWCK (via email)
Rachelle Beauregard, NCDOT -PDEA (via email)
I
Andy Williams, USACE Raleigh Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
DWR -WQP 401 & Buffer Permitting Unit
DWR -WQP Transportation Permitting Unit
THIS PLAN DOES NOT PURPORT TO SHOW ALL EXISTING UTILITIES, LINES, APPURTENANCES,
ETC, AND THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES PIPES VALVES ETC AS
SHOWN ARE IN AN APPROXIMATE WAY ONLY AND HAVE N07 BEEN INDEPENDENTLY VERIFIED BY
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THE OWNER OR SHE ENGINEER /ARCHITECT THE CONTRACTOR SHALL DETERMINE THE EXACT
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AGREES TO BE FULLY RESMN98LE FOR ANY AND ALL DAMAGES WHICH MIGHT RESULT FROM THE
CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND
THE CONTRACTOR NOTIFY THE ENGINEER /ARCHITECT OF
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UTILITIES, PIPES AND VALVES SHALL
AN Y CONFLICTS WITH £XIBTING AND PROPOSED FACILITIES TO DETERMINE IF AN ITEM WILL
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THE ENGINEER /ARCHITECT HAS MADE NO EXAMINATION TO DETERMINE WHETHER ANY HAZARDOUS OR
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PROPERTIES OR ITS WATERS IN ANY WAY WHATSOEVER NO SUB - SURFACE EXAMINATION OF ANY TYPE
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INFERRED ON ALL SUCH MATTERS FURTHER, NO OPINION 15 RENDERED AS TO ANY VIOLATION OF
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INFORMATION SHOWN ON THIS PLAN AND THE ENGINFER/ARCHOECi IS IN NO WAY LABLE FOR ANY
VIOLATION OF SUCH ENVIRONMENTAL LAWS SHOULD SUCH EXIST
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