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HomeMy WebLinkAbout20051046 Ver 2_401 Application_20080414ENVIRONMENTAL SERVICES, INC. 524 S. NEW HOPE ROAD RALEIGH, NORTH CAROLINA 27610 919-212-1760 • FAX 919-212-1707 www.environmentalservicesinc.com April 14, 2008 ~X Q 0 S ' ~ ~ ~ to V 2 Ms. Lia Myott NCDWQ 401 Oversight/Express Permitting Review 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Re: Womble Farms-Phase III Nash County, NC Dear Lia: t ;.=,;d ~~ r. ~' ~~ ~~~~~~~ _~k ~~~ ~_,Fq APR I 4 2008 WF IT ~gNDS AND ST RMWATER p ILANCr-! ESI is submitting the attached Express Permit application on behalf of the applicant, Mr. Randy Guy, and the project engineer, Stocks Engineering, PA. We have included the items that you requested in your acceptance letter dated March 25, 2008. Please do not hesitate to call me if you have any questions or comments. As always, thank you for your assistance. Sincerely, Environme tal Services, Inc. Jeff Harbour Ecology Division Manager Attachments FLORIDA • GEORGIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • OHIO Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. ~kQ ~ ~ ~ ~ D ~ to Y ~ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing p 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Managem t Area of Environmental Concern (see the top of page 2 for further details c D ~j~~~~. Q L`~ II. Applicant Information ~ 008 A~,~~42 1. Owner/Applicant Information ~nct~u A,` R~Rptac.H Name: Randv Guy ~,~& AND s1o~Mw Mailing Address: P.O. Box 7723 `~ Rocky Mount NC 27804 Telephone Number: 252-443-4040 Fax Number: 252-443-4377 E-mail Address: easternlo~(a~cox.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jeff Harbour Company Affiliation: ESI Mailing Address: 524 S. New Hope Rd Raleigh NC 27610 Telephone Number: 919-212-1760 Fax Number: 919-212-1707 E-mail Address: jharbour(a~esinc.cc III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size.- DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Womble Farms-Phase III 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0380200743191 4. Location County: Nash Nearest Town: Nashville Subdivision name (include phase/lot number): Womble Farms Directions to site (include road numbers/names, landmarks, etc.): Highway 64 east to Highway 58 South Go to 4~' stop light and make left on Alston Street. Go 3 miles and take left on Beulah Road. Site located on left. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.0079 °N 77.9654 °W 6. Property size (acres): 7. Name of nearest receiving body of water: Pig Basket Creek 8. River Basin: Tar-Pamlico (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site consists of mostly farm fields with some areas of forested land. 10. Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of Phase III of the Womble Farms subdivision. The purpose is to~rovide an access road to this phase of the development. Normal construction equipment will be used including_~raders bulldozers back-hoes etc. 11. Explain the purpose of the proposed work: Purpose is to cross an intermittent stream channel and buffer to access the 3rd phase of the subdivision. Previous phases did not require any DWQ or Corps permits. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. DWQ conducted a buffer determination on Mai 19 2005 (TPBRRO#OS-141) . A USACE permit was on ig Wally issued for the crossing. on September 9 2005 (AID 200520994) but it expired in March 2007 before the road crossing was constructed. DWQ also issued the accompanying 401 Certification on October 28 2005 (DWO#OS-1046) but it expired with the 404 permit V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None are anticipated VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Culvert 70 linear feet of stream channel for a road crossing and temporarypen cut a 2-ft wide trench across the same channel to install a sewer line. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no Distance to Nearest Stream linear feet Area of Impact (acres) None Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma Before Im act (linear feet) (acres 1 UT of Pig Basket culvert perennial 4 70 0.006 Creek 2 UT of Pig Basket Temporary trench perennial 4 4 0.0004 Creek Total Stream Impact (by length and acreage) 0.0064 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact acres. None Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0064 Wetland Im act (acres): 0 O en Water Impact (acres): 0 Total Im act to Waters of the U.S. (acres 0.0064 Total Stream Im act (linear feet): 74 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. No isolated waters exist onsite. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): no pond Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): no pond Current land use in the vicinity of the pond: no pond Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant is nronosina the stream crossing in order to access Phase III of the Womble Farms subdivision. This location was chosen due to its already disturbed nature (surrounded by agriculture fieldsl and because it is at the upper reaches where the narrowest section occur. Phase III cannot be accessed without crossing this stream at some location, and we feel that the location demonstrate avoidance and minimization of impacts. The temporary impact associated with the sewer line crossing is necessary to service Lot 40. The sewer line will be installed 3 feet below the stream bed and pre-construction contours will be returned to the stream bed after installation. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, .2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size .and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (atta.ch directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant is not proposing any mitigation. The stream impacts are under the mitigation threshold and the buffer impacts are considered Allowable w/out mitigation. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net/pa~es/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Tar-Pamlico)? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* ,~ ~paot~~~ Multiplier Required 1 6,265 3 (2 for Catawba) 2 3,924 1.5 Total 10,189 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Buffer mitigation should not be required based on the current Table of Uses. XI. Stormwater (required by DWQ} Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. T!-~ ;.nppr~rous sar~ca ~s /b r/a . ~un~Ff will dE ~`~~„ le el Jam, cr. s c c•~...~eS aid a e~ i~. L.. Tiff. .-f.L, ~,.,~ Ala..... .w,a~ law./~s XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of w.,_aystew~at~`er generated from the proposed project, or available capacity of the subject facility. /~5----_wi 11 hArC __ir dfyi®ua/ Sr~~ic _,~y !• XIII. Violations (required by DWQ) Is this site in violation of I~Vj~Q Wetland Rules (1SA NCAC 2H .OS00) or any Buffer Rules? Yes ^ No (~ Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts {required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in ad itional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.usln/Icwetlands. If no, please provi/d/e a short narrative description: T{w1 are no PYOPt~e~tier~5 'f1,..~ flits v;et~ Will a.dvPYfp~v a~~te~ ~~~rtS~Pewf XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application Buff ciently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outs/ide of the applicant's control). ~~~p~icsM'1" i3 h1'f' a1~1arB 0~ ..~v ~~ ~'iSuPS Tom' Apul~ .~i~rc`~ ~.~J r'Y Applicant/Agent's Signatu~ ©wr~e,r' 1 Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated l i/12005 Page 12 of 12 ~. t,~ ~ ; .A ^: ~ ~o i i~ ,. a ~ ~` >> _~.~ ~ -~ ~- ~:`~ ~~: ~~,. I ~~ ~ ,_... C_~ } 5 ~-„ ' ~~'~'^ '~ i + ~~ , ~ ~ ~ r~ n~ i t ~ ~ `ti '~ ~~ `' _.N ,~ ~. ' ;~ ~~ ~'~`~ ~? 1 inch equals 1,000 U VV ~ .LLi ~j^ pp~~FREDERICK COOPER LN - r r~ '\, y. ~~~ ~~ ~ .__~ t .-. ~ • _ _ ~~' ~'ti ~'"~' 1J .. ._:, 'J ~ f / r~i ~~~~~. ~- s o0o a o0o a o0o z o0o i o00 o s o00 S. Department of Agriculture, g agencies. Base maps are 1 .5 0 - 1 Went of the Interior, Geological SCdle - 1 :24000 y. Coordinate grid ticks and ely positioned. NASH COUNTY, NORTH CAROLINA NO. 4 Na~~• Cc, S©~ l 5~~~~~ 7 s. M� + W 6 3h 4' Kf� Ki 4 3Y F �' . . � tr �. a � �� ;I ' �" ^.,.. �3. 1 �.� 4 r -,a u ►r �}" i.� 6�• ��� ' 4 ': •,;. ,F.. W 4N 319WOM,. ^s LU -3 C) Ori � !v.'''t "•• ' t :. � � - +ai' _ ��•; M Y t i 3 Nl 1f1Nlb"M,.� Q`NfG'�� . :. ns �l"� � Z ` ` tM���f � 1° '�, 5` � s•- r �.k• pv� i� { :1 � F u • , �0�� \ sr"r�,ry �r '. ,.:tom • :4 F O w LU � - 4 � �� ' ��'� •rte � •.,,o � a t W!e r, it,' t<a :5 � �„�'' 9��•d S.. � t •v .` --C +its e+Nq'- x�� i MapReperetl byEastemLogSa~es 0 175 350 700 1,056. 1,40D L.2gend N ~o BoX7723 ~Uomble Farms Feet.. Rocky Mouo[,NC 278030723 ` ~ InCtl a uals 323.114 feet ~ 3 Parcels w' e Ph (252}9434040 q Fx. _i252)4434377 Project Overview Street Centerlines s `Y ~ ~ ~, ~ ` ' ~ ~ l BAS FULL ~~,OC. ' f 1 (AVG. WIDTH~~4'} ~ ! ,~~ 1 1 i ~ r l J ~~~ 1 0 ~~ Q i r ~~ ~ ! ~ ~, ~ ~~ J i ttw ,~~ ~ rc°n ~ XISTIN~ m 1~ ~ ~_CULVER ~ ~ _' ~ ~ 1 S D& -..., , ~gsti1'T ~ 1 ~ ~` ~ `~ ~ ~ ~~ ~"~ . r__ • •~ , ~. ~, ~ „` ____ 1l ~~ EgSM.T r li BANKFULL LOC. ~ ! (AVG. WIDTH 4') 11-- '~ f~ ~~ 40 !~ PRO. 2" SOLI j ~ SEPTIC LINE l 0 3' BELOW SEAM ~z BED , 1 `r' ,. / WOODLICE ZONE 1 BUFFER IMPACT #2 1782 SQ. FT. coiinR"'J EXHI&T 1-BUFFER /MPACT stater-soy ~ i ~~ i ~ ~~ , i. ~ m~ ~ ~ o ~ ~.. Q ~ ~.- \~ ~, ~. ~o ~.. i~ i~ BONE 2 BUFF i'IMPACT #1 ~~ 2810 SQ. F ,, i ~ ~~ r ~ --- . •-~' . ~ ~ . .~''~ , r • , .- ~..~•• J, _- -- ZON 1 BUFFER IMP CT #1 ~-~~ ~ 44 SQ. FT. ~J ° ~ 39 oQ~- ~~ ~ ~\ ONE 2 BUFF R aQ IMPACT #2 1114 SQ. Fem. ~~ ~COLLASEE - STEAM CROSS/NG ~ SEPT/C L/NE NTs ANiI-SEEP ANTI-SEEP COLLAR COLLAR NORM TRENCH I lr I I ,1 I. `I- III-~!l~ I ~~ 3;~~ - `• 1 o y~:•. r _~ ~!- I 1.ni _ PIPE T1l I I ~-j, CpNCRETE - j } ' ~ ~~"" ~ COLLARD ~ ~ =i BACKFILL AREA OUTSIDE 1 I INSTALL 5' FROM OF NORMAL TRENCN OUTLET CON 7FIOL ANO AROUND CONCRETE STRUCTURE aNnSEEP COLLAR w/ e/3 PIPE LD, • ~'-6' CLAYEY BACKFILI PLAN VIEW ploE J _ e •~ lf ~ PIPE I.D. ~4 ' ' TEL ~ ~• , ~ ~ _ ~F~ 1 f~l~~77'ii `• ( ~ = -~t'~1: ~• 111 •~ 1II ~ 1~ - !1 ~ f <3 I I~ h H ~ - ~' _- _ =_ II-11 I E1.111-;41-IU'! I-IIE,IJ~j-T-IIL- i II - Il~lr 11 I =]II ~ w n m ~ ~ c it.- :1 - i ~ t SECTION A-A ;~ PIPE ¢~ ~F BACKFILI AREA BELOW ~'~ ~'(;~j ~ •~. ~'~~„~~~~ -I r, NORMAL PIPE 6EpOBaO '~_~~' ~ - ~~y ~~ - NORMAL # OuT51DE OF NORMAL 11- - _ raENCH AREA W/ ' "7T-ITi_I(~l~~y' PIPE CLAYEY BACKFILI BEOpNC SECTION B-B ANTISEEP COLLAR N.T.S. Permit Number: f (to be provided by DWQ) ,~ ~kQ ~Cj - 1~~1a VZ ~oFwarF9o O ~ ~n r W ~ ~ ~ ~~ ~ ~ STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must also be filled out, printed and submitted along with all of the required information. {. PROJECT INFORMATION Project name Womble Farms Phase 3 Contact name Kevin Yarnell Phone number 252.459.8196 Date April4, 2008 Drainage area number 1 ll. DESIGN lMF4R TION Site Characteristics Drainage area 20.11 ftz Impervious area 3.22 ftz Percent impervious 16.0% Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 4.99 in 10-yr storm intensity 7.60 in/hr Post-development 10-yr storm peak flow 64.89 ft3lsec Velocity Maximum non-erosive velocity (peak 10-year storm) 4.50 ft/sec Soil characteristics (enter "x" below) Sand/silt (easily erodible) X Clay mix (erosion resistant) Grass Type (enter "x" below) Bermuda Tall fescue X Bahiagrass Kentucky bluegrass Grass-legume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: (Y or N) Maximum velocity Side slopes :1 Swale length ft Option 2: Conveyance Swale, Seeking Pollutant Credit: N (Y or N) Maximum velocity for 10-yr storm 3.70 ft/sec Side slopes 4.00 :1 Swale length 1,610.00 ft Form SW401-Grassed Swale-Rev.3 Parts I and II. Project Design Summary, Page 1 of 2 • ~ Permit Number: (to be provided by DWQ) Swale Characteristics Swale Shape: Enter an "x" in the appropriate cell below: Trapezoidal Parabolic V-shaped X Width of the bottom of the Swale 0.10 ft Width of the top of the Swale 24.00 ft Additional Information Is the swale sized for all runoff from ultimate build-out? YES (Y or N) OK Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? YES (Y or N) OK What is the distance from the bottom of the swale to the SHWT? 1.50 ft OK What is the ground level elevation? 170.00 fmsl What is the elevation of the bottom of the swale? 166.00 fmsl What is the SHWT elevation? 164.50 fmsl What is the longitudinal slope of the Swale? 0.50 % OK What is the depth of freeboard? 1.91 ft OK Form SW401-Grassed Swale-Rev.3 Parts I and II. Project Design Summary, Page 2 of 2 O~O~ W A T ~9QG Vj ~ > ~ p ~C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Colleen H. Sullins, Deputy Director Division of Water Quality June 2, 2005 TPBRRO#05-141. County: Nash Eastern Log Sales, lnc. C/o Darrin Wall PO Box 7723 Nashville, NC 27856 Attn: Mr. Darrin Wall BASIN: Neuse River Tar-Pamlico X (I SA NCAC 2B .0233) (I SA NCAC 2B .0259) Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: Womble Farms Location/Directions: West of intersection of West Beulah Rd & Womble Rd North of Nashville. NC Subject Stream: UT to Pig Basket Creek Date of Determination: 5/19/05 Feature Start Buffer GPS Points (if rovided) .End Buffer .Stream Form Appeal Call Located on Soil Surve Located on USGS Too a hic A Subject @ start & stop, TPBR Flamm X B Sub'ect X Pond Not Sub'ect Raleigh Regional Office 1628 Mail Service Center Water Quality Section Raleigh, NC 27699-1628 phone (919) 571-4700 Customer Service facsimile (919) 571-4718 1-877-623-6748 C•. 1:24K/25K Series 1:100K Series 1:250K Series Map Slze r Small r Medium Large View Scale 1:25,000 Update Map , Coordinate Format D/M/S Coordinate Datum WGS84/NAD83 ' ~ Show target Email this map Bookmark this map ' Print this map ~1 ~~~ 0 0.3 0.6 0.9 1.2 0 0.2 0.4 4.6 0.8 TopoZone.com ©1999-2004 Maps a la carte, Inc. -All rights reserved. Use of this site is governed by our Conditions and Terms of Use. We care about your privacy -please read our Privacy Statement. ~~,,,~YS~ ~`bs' 36° 00' 18"N, 77° 57' S9"W (WGS84/NAD83) l""' y USGS Red Oak Quad View TopoZone Pro aerial photos, shaded relief, street maps, Interactive. coordinatE ~~~ W A T~9P ~O G ~ ~ >_ ~ O ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 28, 2005 Mr. Randy C. Guy, President Eastern Log Sales, Inc. P.O. Box 7723 Rocky Mount, NC 27804 Subject Property: Womble Farms Pig Basket Creek [030302, 26-68-3-(2), C, NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Guy: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # OS-1046 Nash County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 601inear feet of stream and 300 square feet (ft2) of protected riparian buffers (180 square feet Zone 1, and 120 square feet Zone 2) for the purpose of constructing the proposed culvert extension and subdivision at the subject property, as described within your application dated June 3, 2005 and received by the N.C. Division of Water Quality (DWQ) on June 8, 2005, with additional information received by the DWQ on July 5, 2005, July 27, 2005, August 23, 2005 and September 28, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 OversighUExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: htto://h2o.enr.state.nc.us/ncwetlands ~~]~€ An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper Eastern Log Sales, Inc. ~ , Page 2 of 3 October 28, 2005 Amount A roved Units) Plan Location or Reference Stream 60 (linear feet) PCN a e 4 of 8 404/CAMA Wetlands 0.038 acres PCN a e 4 of 8 Zone 1 TPBR Buffer Im acts 180 s uare feet PCN a e 7 of 8 Zone 2 TPBR Buffer Im acts 120 s uare feet PCN a e 7 of 8 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500; Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; Eastern Log Sales, Inc. Page 3 of 3 October 28, 2005 7. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm.; 8. Culvert Installation Culverts required for this project shall be installed in such a manner_that_the original stream-profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs Eastern Log Sales, Inc. Page 4 of 3 October 28, 2005 upstream and downstream of each culvert site to document correct installation along with the Certiftcate of Completion form. 9. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Certificate of Completion: 10. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Mike Horan in the DWQ Raleigh Regional Office at 919-791-4200. AWK/~m Enclosures: GC 3402 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Mike Horan, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Sincerely, ~~ G /~" Al W. Klimek, P.E. Filename: 051046 WombleFanns(Nash)401+TPBR WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL. COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) ahd for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams -Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds -Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds -Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of I-95 and 1/10 of an acre west of I-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 26. 0212 (WS-I), 2B .0213 (WS-II), 2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when asite-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application fora 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina ,April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at htto://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 ^ _ ... Certification of Completion -_- DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water .Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate. to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certi,~cation ~, I, ,hereby state that, to 'the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certi,~cation Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the'401 Watiir Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State .of North Carolina, having •been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200520994 County: Nash USGS Quad: Red Oak GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Mr. Randy Guy/Womble Farms Subdivision Address: Eastern Log Sales Post Office Box 7723 Rocky Mount, NC 27804 Telephone No.: 252-443-4040 Size and location of property (water body, road name/number, town, etc.): The proiect site is located on 91 acres on the south side of Beulah Road, west of Womble Road, near Nashville, Nash County, NC. Description of projects area and activity: This Hermit authorizes the mechanized landclearing and the discharge of fill material into 601inear feet of perennial stream channel associated with enlarging the existing culvert to provide access to a proposed Womble Farms single- family residential subdivision Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the pemvttee of the responsibility to obtain any other required Federal, State or local approvals/pernuts. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Jean B. Manuele at (919) 876-8441 x24. Corps Regulatory Official Jean B. Manuele Date: 9 Sep 2005 Expiration Date of Verification: March 18, 2007 3 rte, -2- Determination of Jurisdiction: ^ 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). ^ 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 maybe relied upon for a period not to exceed five years from the date of this notification. ® 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 maybe relied upon for a period not to exceed five years from the date of this notification. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued - Action ID Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and are adiacent to an unnamed tributary to Pie Basket Creek. The stream on the proaerty exhibit evidence of OHWM throueh the presence of a bed and bank, destruction of terrestrial veeetation, and, chances in soil characteristics. Pie Basket Creek is a tributary of the Tar River. Corps Regulatory Official: Jean B. Manuele Date 9 Sen 2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: WILMINGTON DISTRICT POST-CONSTRUCTION COMPLIANCE FORM Permit Number: 200520994 Permit Type: NW39 Name of County: Nash Name of Permittee: Eastern Log Sales Randy Guy/Womble Farms Subdivision Date of Issuance: 9 Sep 2005 Project Manager: Jean B. Manuele 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: U:S. Army Corps of Engineers Attention: CESAW-RG-R 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Please note that your permitted activity is subject to a compliance inspection by an 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 conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ~x.p os- 104 ~ y Z 2 SECTION I. PROCESSING 1 & 2.The USACE determines which Nationwide, Regional, or General Permit is required. If you have verifed with the USACE which permit they intend to use for your project or if you already have written approval from the USACE, please indicate by adding "verified" or "verified, attached", respectively, in the blank next to the Permit number requested. / 0 Attach the USACE Approval if you have it. e( 3. [t is not anticipated that the expedited process will be requested for this situation. EK~~ a ! T~e.O i?~u t ~e.J [ S 21: Qv ier s Te. t1 4, if you propose to impact 15Q feet or more of perennial stream or 1 acre or more of wetland and onsite mitigation is not proposed, it is recommended that you either locate an acceptable private bank with available credits (with documentation #o show that the bank can and shall provide the credits needed} or obtain approval from the EEP for the entire amount of stream and or wetland as DWQ will make the final determinatiori as to whether or not mitigation applies. A complete Express application is not considered received unless an EEP approval letter is attached if mitigation is requested through EEP. Please note tha# the USACE may have different mitigation requirements and thresholds. ~f i S '~t.b3~G.T ~.+ ~ ~ nla~r' r n-~.`c~ ~~ Mt+c.~- ?b~ ~ t ~ ~ F ~y 5. State whether your project will require a CAMA Minor, Major or General Permit and give the status of the permit, i~ft5 ~'i2c~S~~' ~S ~oT ~~~ .~~ ?.o CFtv~.•R c.c~ ~.~~g ~.~,o tutc.~ nCa'~ SECTION 11 - APPLICATION INFORMATION ~~p.„u~ fy~, q. Cq.,+~+•~.A ,~Ir.4~.~~'Z 1. 15 NCAC 2N .502(t) reads as follows: "Who Must Sign Applications. The application shall be considered a "valid application" only if the application bears the signature of a responsible officer of the company, municipal official, partner or owner. This signs#ure certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or is a public entity and has the power of eminent domain. Said official in signing the application shall also certify that all information contained therein or in support thereof is true and correct to the best of hislher knowledge.' Please indicate how the applicant meets the above definition and provide supporting documentation. -tft~ q~+~ WC.ni~' t 6 TbFE o c.s r[E.Q . Gi~Please provide alt of the requested contact information including a fax number and email address. 1/~>< ~.., 2. H ~ 3 • ~ 3 7 7 ~c+~a-.., rc.~ uy e? e~So~r~c~ I . co+~. 2. ;2~ if the application is not signed by the applicant, please attach the agent authorization letter. The applicant must sign the agent authorization letter. The applicant's name and position mus# also be spelled out as many signatures are difficult to read. TKO ow~(~a.. Eiti4s St6•,•~E4 '~E~fc..A4(~~.tc+rilc.... 3. E~ Please provide all of the requested contact information including a fax number and email address. sq,,,,~~ q,s A~-w'E SECTION pl -PROJECT INFORMATION The following is the most critics[ of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: The most recent version of the 1:24,040 USGS Topographic Map- Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the quadrangle name. You can go to the USGS web site {http://mac.usgs.govlmaplists/} to verify the most recent version. 1Q..~ fl ~ ~~ 4v~r+~ 1~4~ f~ The most recent version of the NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Sasin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) -Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the page or map number from which the copy of the map was made. Copies of the current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.govn. G1S soil layers are not acceptable. ~' SN~7 ~f of tZ oa~ ~~sN~ c.6,..~z--Y ~(RG~ .Sat. e. C~~. Vicinity map -Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north and scale. Please include applicable road names or State Road numbers. ,~ viciri~ rr~a.p i5 o.~~ec~od , [~ The Site Pfan -The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. f~r Pre-constructionlPre-existing conditions -This sheet must be scaled and include all jurisdictional and non jurisdictional wetland, stream, water features, State regulated buffers, topographic contours with elevations, approximate extent and nature of forest, field, landscaping, or other cover. Any existing structures and impervious area must be shown. Existing utility lines and easements must be shown. Existing roads, culverts, and other pertinent features must be shown. North arrow and the scale must be shown. Please note that the impact boundaries on the maps should correspond to the flagged impact boundaries in the field. / rr~rs M~ ~ s ~ ~lc,wo ~. e~ Proposed conditions -These sheets must be scaled and show all existing jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers (delineated into Zone 1 and Zone 2) must be underlain on the site plan(s). The plans must show all built-out structures and impervious cover. The plans must include the final grading contours with elevations. The plans must indicate all utilities and easements. It is likely that several versions of the final built- outsite plans will be necessary. "T~S~ Iw~,pS ~~ r.~C4vdJ;E~. Drainage Plans -Final drainage plans must be included. The plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must also be shown with pertinent elevations. Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies. In certain cases, final stormwater management plans must also be provided, bu# that will be addressed later in this document. DIZA tw~~Z,-E. e'~Le~.~S .M~~ ~.fC e.. c.i~i-+~ i~ Plats -The plans must show the location and layout of all sub-divided parcels with lot identifications. Platted parcels must be developable without further impacts to jurisdictional and non-jurisdictional wetlands. streams. water features, and State regulated buffers. "flit S M.pl-~ t 5 !~C c. c~A R-n Proposed Impacts -All impacts to jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. ~fFl S l~~ [ S ~~Gt.,c~D~•D. 4 Wetland Impacts (on the site plan): ^(p Lv rc,.T ~.,~.tp f ~~~,~ ~~ ~p~,,p~~ L'~ Precise grading and final elevation contours must be provided. F~cisti g vegetation and any clearing must be specified. X10 „vQ'('~a~ ~ (petni l~q ~ ~n,o(~e~ All subsurface utility lines must indicate the location of anti-seep collars. Construcfion detail for anti-seep collars must be provided. ~.~s-~io~n ~,..d ~~; ~ p~v;du~ in ~ac~c-a~ ~~u~ . f~ Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. No ri`pani~.,n welfi/,~„~d. are ~a ~e Prost~~ ~ When surface drainage features or groundwater recharge areas that feed or would reasonably feed wetlands that are not to be filled are made impervious, it may be necessary to direct some stormwater runoff to those areas in order to maintain hydrology. You must identify these areas and address them. Supporting explanations and discharge information must be provided to show that the wetland would not be eroded or receive too much or too little hydrology. In many cases this could help satisfy part of a stormwafer management plan. N a w ~--~f-I~ w,` ~1 b.e_ a~F ~~~d b~ -Flno d,:~- ~ Flooding ~ ~o."v vii r~ . Draining ~J Stream Impacts: Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS far the portion of the stream to be impacted. j~yi,,,~(~ ? L„t.,.,s Culverting: The inlet and the outlet of the culvert should be aligned with the stream as much as possible. Inlet and outlet elevations and streanibed elevations should be indicated. 5lfow ~ O a.( p C..+3-... E~ Any widening of the st~rream must be shown with elevations. The extent of and plan details for all dissipation or grade control devices should be shown with pertinent elevations. /1/o al SS t ~ ~ c~ c+2 G-f~Ma~E Cca..~.,.-~2~0 ~ TJF.c~~CXc-S cv it_~. l3E r~cl STA~~..~.~ o'~fT~-dt. TtM o~rtrr~~ c~2o~'~~z~,~. For shorter culvert sections, such as for road crossings, a longitudinal cross section that shows the stream bed invert at the inlet and outlet, the existing stream bank elevations and the invert of the inlet and outlet of the pipe(s) must be provided. ~.R~SS sec.Z1 u.~-S w 14L ~Irc $ Efiw ~( cn.~ '~ t...~..... S For shorter culvert sections, such as for road crossings, a vertical cross section must be provided that shows the stream cross section at the inlet and outlet overlain with the culvert and fill cross section. GfZaSS S ~e-Z'l.eti.-- S G~-1 e.e_ i3 se S ~rJ G~.. e~L.~+--5 t~ For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. ~! 3oT~'7n.t.~.i~ss Cut_usvtc wtc.~,. nLaT 6z~.. ucr~i'S For bottomless culverts or other spans, a plan view must be provided that shows the location of the spans and the stream banks. h- Qa-rst~.~.c. ens s Gc. c. vc~.ir.. ~ w i u..~C a ~- i~~. c. s ~,1~ For longer culverts or culverts that will pass beneath substantial impervious cover, it wilt be necessary to provide adequate plan detail to show that discharge velocity/energy will be adequately dissipated. 4 Sl~fr~T Gv 1..v1i~rLZ' lrovt,. fL•~a G boss ~«1G- c s ~ ¢,rdP~3 ~. e` Cross section details must be provided showing the provisions for aquatic life passage. Aquatic life passage through culverts is typically achieved by placing the invert of the culvert below the existing bed of the stream per the USACE or North Carolina Wildlife Resource Commission guidelines. ether methods such as baffles may also be used. Please be aware that such placement may require the use of grade/velocity control measures up or down stream of culverts on steeper streams to preven# head-cuts or streambed erasion. The culvert placement relative to the streambed can be indicated on the longitudinal profile. Grade and velocity control measures must be indicated on the plan view and typical designs should be provided. Gt;,pss .5~~-~~-s ~.~ SN~.+,...~.~-- l~ Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills, off-setting or other means to match the cross section of the existing stream {'rn order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood-prone area. A Sr~Crt.~C Gc~wEJLT wt~,c... ~,~ use c'~ Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. xIV D~ CGM.ST2c~~ZZ.c+... t.~i4.~... T4tGE... t7t-.4-rric.. Stream Relocations: ~' 'Xj#f,2~. A~irc r(d ,y{,rL ~Ea~..~ ~,a c. ps-~7.,,~_g ,D' Stream relocations must be conducted as specified in General Certification numbers 3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must include: No r'e(ncw~'~ t~ Morphological measurements (see Appendix B of the Internal Technical Guide for Stream Work in North Carolina available on the Wetlands Unit web site) -not alt of the measurements are applicable in every instance. ~o r~' (oc.+~ ~,,-~ ,~ Typical stream cross sections - Typically, a riffle cross section and a pool cross section that includes the entire flood prone area. The bankfull and flood prone area elevations should be indicated. Simiilarly, a riffle cross section of the reference stream(s) should be provided. ~ © c~o Co~f o~ Plan view -Provide scaled plans that show the location of the proposed (preferably with stationing) and the existing stream. In most instances, the bankfull contours and flood prone area contours, in stream structures, bank revetmentslstabilization, channel plugs, planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts sewer lines, roads, fencing, and easement lines should also be provided. ~c f~,~~ ~ Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top of bank elevations should be provided for the design and reference streams. In many cases, it will also be necessary to show the existing land elevations for the design stream. ~~ ~~c~lc~ Planting Plan - A planting and/or vegetation management plan should also be provided that makes use of appropriate native vegetation. The plan s ould indicate the extent, density, and species of plants to be provided. ~D n°~f1c~17/~- ~' In-stream structure, bank revetment/stabilization, and stormwa#er outlet typicals - I?etailed, typical plans should be provided for all in stream structures, bank revetments or stabilization, and stormwater outlets. The typica[s should include materials and specifications as well as relative lengths, positions, and angles. ~ ~~ c ,~* _ ~, Sediment transport analysis - A sediment transport analysis should be provided based on the current, relevant, accepted practices. The sediment transport analysis should be relevant to the streambed load type and should predict bed load transport equilibrium. 6 Permanent conservation a Bement or similar means of protection must also be provided. ~llt) r~(or~av~ Other Information: '[. The project should always be referred to by this name in all correspondence as well as the DWQ # once it is provided. k~ew`§c.;t, FA~2~.ti.S `I~~+~tsE.?~L 2. This only applies to DOT projects, which are not expected to utilize the Express Review Program. ~ ~ 5 r S Kv~- ~4 DoT' 'tea S ~e c 7 ~ 3. This should be the size of the project as identified by the USACE for 404 Permits or • by the. ~Division of W~laterfjQuality for Buffer Approvals and Isolated Wetland Permits. ~W- _~ ~ I. Gl ac.- 4. Please provide the name {as depicted on the USGS topographic map and DWQ Stream Classification Lists) of the nearest water body{ies) to which your project is a tributary to {e.g. "Neuse River (Falls Lake below normal pool elevafiort)"). (Do not simple state "stream", "river", "ocean", "sound" or "lake°.) Please provide the "stream index number" of the named water body or water body section {e.g. "27-(1)"}. Also, please provide the full water quality classification (e.g. "WS-IV NSW CA") of the water body. This information can be obtained from the DWQ web site http://h2o.enr.state.nc.us/bims/Reports/re ortsWB.htmE. s~IG. ggStCa/T C.F~F-rC z8- r:~8 -- 3 - ~z~ C • ~sw 5. Please state which river basin and su~-basin tha# your project is in {e.g. "Neuse River Basin, NEU01"). This information can be obtained from the DWQ web site http://h2o.enr.state.nc. us/bims/Reports/reportsW 8.html. 'T,Atz ~~vH Tcti~.~Z 6. Conditions should also be indicated on the existing site plan where applicable. Photos (including aerial photos} can be helpful in describing the existing conditions. A&.FLt4c.. ~+tp"to t5 ~tT='RGCfi£F~• 7 ^ 7. You must provide an attachment that explicitly describes what the proposed project • will en#ail from the planning stage to final construction. 5'«° ~~~ 8. This can be a simple explanation, but it is critically important because the purpose dictates hofw the no pr,a11ctical alternatives are rleviewed.:A?o pr~~;c~.l o..l~enr~ i v~ 'L ~1:{ 1~t-(~ l ~ ~ N v~ ~V 6 ti ~c p'?" i~i r ~ wii ~ ~"n SECTION IV -PRIOR PROJECT HISTORY Please include copies of al[ 401 Water Quality Certifications, Isolated Wetland Permits, Buffer Approvals, USACE Permits, CAMA Permits for the site as well as a copy of thefnalapproved,siteplan. A~i.c. Z'2~to~s ~~.~...«s q~2C .~~ c.~r-~-rte SECTION V • FUTURE PROJECT PLANS For projects utilizing the express review process, all impacts both present and potential future must be indicated. For instance, the location or configuration of platted lots sometimes suggests that future impacts will be necessary to build, access, or otherwise develop such lots. Failure to account for such potential impacts could delay or disqualify a project from the rapid review process. If you believe that the lot can be developed without impacts, but you anticipate that your assertion may be questioned, it is recommended that you provide a potential building foot print and/or grading plan to show that future impacts could be avoided. Ac.4- ~2oaosEb r~cPatrz'r ~l2Tc- Sh~~ ~w.~ p„~C7Y.CC.?Y+t ~~'+*~'~ SECTION VI -PROPOSED IMPACTS TO WATER OF THE US wt;.4 s't•~~ 'E'~(-~'t" +-~o ~''~' L A.~P~..T~ ~L.€.. Ru.~csu•~a•~4 7 . [t is recommended that the individual impacts be described if there are special things to note about the impacts. Typically the most important thing is to have detailed accurate site pplaps as des ribed above. Please make sure they are clearly labeled. l~1\ i;a~pa~iFS are ~.~~1~~ o~ Ex~.i6~~- ~ ~1 quaµ~-i~iad i•• f-t„r, teN Please include all proposed temporary impacts. qt,,~. I ~~c.~c3 l:FA,~E- i~s~ 5 ffz,wt o~•~ "~- ~c.~.s pp t j e~ ~ rr-pac.'tS ~,nc~wlC `tt..~ SeW ~ `+~ C ro psi +~~ or f~j,,; br~ I 7 Also, a current, signed delineation map from the USACE should be provided (if available) and a map locating the stream origins signed by the appropriate DWQ Staff must be provided if applicable. 5'i~EAr~-.. '~E~c~-z.w~.~ ~,C~ ~,.. ~+~s 3~.+=,,•i h1'~'~tC.N~{ti.c~ , Ush~~ rev!- a.~o~~-.ble.. 2. Each impact to a wetland must be clearly labeled and idea ifted on the site plan. The type of impact must be clearly stated. If the impact is temporary, a specifrc plan must be described or shown as to how the wetland wilt be restored. Keep in mind that the USACE delineates some features as wetlands that DWQ calls streams. Please list any impacts in this table that DWQ would identify as a stream. If there is any doubt, it is recommended that the impacts be listed as s#reams. Please follow current DWQ policy with respect to whether a stream is perennial or not. It is recommended that you assume that a stream is perennial (unless you are positive that it is not} so if mitigation is required then the appropriate amount of mitigation would be anticipated or requested from the EEP or private bank. If the EEP or private bank has pre- approved too short of an amount of stream or if inadequate mitigation is proposed, then that situation will result in delays. A(o ~v¢.-t'~F ~. ~. t ~p~c-+t's A•¢.~. (Ltclc ~..~ n{ . ~"'~, ca cll S i ~t-!= F NAG V E 5 c i Tom. U "f ~E~t. s i ~zF.. , 3. Sometimes it is difficult to determine whether a feature is a modified natural channel or a ditch, especially in the eastern part of the State. Soils, drainage features, topography, macroinvertebrates, and similar factors, all are important for malting that determination. 4 'DE r~tZcw~.~F.(~'~ w.~ GJ~tS c'~. G-.t.~c B4 i~c,J Q SZ"+1f G . 4. Other items to address not specifically requested in the application include downstream sediment starvation, thermal pollution, low flow releases from dams, and aquatic life passage. Other important considerations are buffer reestablishment or mitigation around ponds on buffered streams. The site plan should include the precise elevation contour of the normal pool as well as the dam footprint. Mitigation is required for wetland flooding of an acre or greater and for stream fll {if over the 150 foot threshold) under the dam footprint and any outlet stabilization. 1ntiA~rs I}2~ v~la~.t2 tSo ~..~ ~.~ 4!a t+K~~-~ c'~ow+*~sTCLf~- SECTION Vil -AVOIDANCE AND MINIMIZATION w~u.. 3~ ~Q-~-s~~ Avoidance and minimization are critical aspects of an application particularly if you desire the application to be processed expeditiously. The following is a checklist of avoidance and minimization questions that DWQ Staff often look for in applications. ,17 Are there any stream crossings at angles less than 75° or greater than 105°? ~v Are there any stream crossings that cross two streams above or at the confluence of those streams? ~tla Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road crossing near the edges of the property? loo ~ Can the stream be relocated as a natural channel design as opposed to culverted ar othervrrse filled? p(o Is ~y~single stream crossed more than once? Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts? h{0 . ST~2-~G 9-v~ti 1'QA.~ v ~cJt.~F~3 ~~ -tl ~~!c- p`P~'~P 1ic.R.-+ ~ .~ Can a building, parking lot, etc. be realigned to avoid impacts? ~~. Can the site layout be reconfigured to avoid impacts? R1D • Can headwalls or steeper side slopes be used to avoid/minimize impac#s? ~0• ~[C.D~T DEstc.-~ ST>,S AtiZE SST ~ alZ.- G~~~< C ~oss~ .~~ S 8 Can a retaining wall be used to avoid/minimize impacts? Nv C~ cul de sacs be used in place of a crossing? Q C~ lots be reshaped or have shared driveways to avoid impacts? a If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions then you must have to provide substantial and convincing justification as to why the impacts are necessary. If the impacts are required by a local government or other agency, the claim must be supported with appropriate written documentation from the local government or other agency. Most projects typically involve the need to justify avoidance and minimization. if this information is not readily available, then the express review process may not be the appropriate, venue to use. Providing alternative plans {such as plans that avoid the impact, minimize the impact and the preferred plan, similar to those used in environmental assessments) and explanations as to why the preferred plan is needed and why the alternative plans won't work'are many times helpful in the no practical alternatives review. SECTION VIII -MITIGATION Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final plans {except for plans that propose payment into the Ecosystem Enhancemen# Program {EEP), Riparian Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed plans, specifications, calculations and other supporting data that show that the appropriate mitigation will be achieved at the ratios required. The design plans must be developed to at least the "90°1°° level. Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is recommended that you request the maximum possible mitigation amount that DWQ may require so that you will no# have to get further approval from #hem on short notice. The EEP and private banks are not part of the expedited review process and cannot be expected to meet any such deadlines. There will be no conditional expedited approvals that require final plans at a later date. It is not recommended that innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited process. /~0 [~ tTt c,-~}-i t uv~ ~ S A~."~ t G ~ ~~~"~.~ SECTION IX If your project requires the preparation of an environmental document under NEPA or SEPA and an approval letter has not been issued by the State Clearinghouse, then you cannot apply under the expedited review process. It is your responsibility to find out rt such documentation is required. ~t ~E..t~A~ tNL G fit? A 'pOt.~clHti.ew { !setae ~-~~JIR.~ SECTION X There are many aspects of the Buffer Rules That must be addressed in every application, if applicable. The first and mast important thing to keep in mind is that allowable activities that require written Approval from DWQ triggers a review of the en#ire project far compliance with the Buffer Rules. Diffuse Flow 8~ Stormwater Management: ~~ The most common issues that arise involve the requirement for diffuse flow of stormwater through riparian buffers. Basically one of three things must be indicated in regards to a!f "nevr/' Stormwater that is collected and subsequently discharged. First, provisions for diffuse flow through the protected buffer must be made. This usually involves the use of level spreading devices designed to the latest DWQ guidance on level spreader design, which is available on our web site. Please keep in mind that it does not matter how far a discharge point is from a buffer. The Stormwater must be flowing in a diffuse manner at whatever poin# it eventually reaches the buffer. If the stormwater will not be flowing in a diffuse manner through the protected buffer at the point it reaches the buffer, then one of the following options may be allowed: You may provide a nitrogen removing measure such as a forested filter strip, grassed swale, stormwater wetland, etc. The measure employed should be ~f? ~-ss K-~ Sw ~~-~s E~~ ~~~ Ab n~ w rl`~2~ ass c 3e,..~ . s designed according to the NC DENR stormwater Best Management Practices Manual or other DWQ Guidance available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html. After the nitrogen is treated, the stormwater can be directly conveyed through the buffer with written DWQ approval. You may discharge the stormwater to an existing man-made conveyance that currently conveys stormwater through the protected buffer (assuming the conveyance was not constructed in violation of the Rules} as long as that conveyance does not need to be altered to convey the flow. Please remember that there are no other choices. The following checklist is intended to help insure tha# your application will not be deemed incomplete as a result of improper stormwater design. t7rTC K w rt'i'EQ. wt.t~ gE ~cSL~N~2~--~. D -~!7'a .~-~- 1~~ ts77~' ~+°NC+~ DcTCN ~r+z r7t'?~r~s ~~[?Za 7'tt'vE,grrFF6R, T~1tS act'cet ratct BEto-tule.tq~.l~ stormwater Management (for Buffer Rules compliance only -Also, see Section XI : '~ ~ o..rZ~ss swq.tl~ All stormwater out-falls must be clearly shown and labeled on the site plan for projects in &v'`" F~- Buffered watersheds. List each out-fall as Labeled: _ Ma r ~( rrc. H ~ Option 1: Level spreading devices designed to the latest DWQ Guidance, and devices that merely control velocity but do not provide diffuse flow such as rip rap dissipators are not proposed. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at http)/h2o.enr.state.nc, us/ncwetlands/regcert. html: Option 2: Nitrogen removing measures designed to DWQ Standards are proposed for discharges for which diffuse flow through a protected Buffer cannot be met. List each of these out-fags as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html Option 3: The stormwater will be discharged to an existing man-made (not including modified natural channels} conveyance that carries the stormwater through the Buffer. The conveyance was not constructed in violation of the Buffer Rules. Lis# each out-fall as labeled:. 1~!t~~„( Dc-r~ H 17 All stormwater out-fall must meet one of the options above. (Note: if you cannot check this (~ box your application will likely not be accepted into the express review process.} Site Plans: Aii applications on properties with DWQ protected buffers must clearly depict the buffers and any impacts to the buffers on the si#e plans. The impact maps should clearly depict both zones of the protected buffers and the proposed impact areas {provided in square F feet). MSS A-2~E- Sffr+w ~ ~+/ f ak~~'i"S r Zdres 1~ ~.. d~pf~+cd ©~ E 1~,~. F \ . Surtace Water 8 Buft'er Delineations: Any surface waters subject to DWQ protected buffers must be field located and accurately depicted an the site plans and impact maps. The width, dimensions and pattern of the surface water must be delineated. The surface water location must not be taken simply from a USGS map, soil survey or local municipality's map. The buffers must be measured from the surface water as required within the applicable buffer protection rule (e.g., all buffers along streams subject to the Neuse and Tar-Pamlico Buffer Rules must be measured from the °top-of-bank° of the stream and not the centerline of the stream). All streams must be surveyed or located by GPS and shown precisely on the site plans. Impact Table~~~s ~"~ `' E~`"`~'~` °~^ ~~ g t Try 'fit-~.... . ~o Please provide additional impact tables that clearly state the area of impact for each corresponding impact site. tr~c~wdQd , Variances: Projects that require a Major and/or "General" Variance will not be eligible for the use of the Express Review Program (with the exception of the Coastal General "Major" Variance. ~Ct~k~S t S £ k'~rcc c 7~~ 'TD ~OZ' ~f f~ ~ ~4,~~c A~ c-E Mitigation: As opposed to applications that are submitted under our regular process, final mitigation plans must be presen#ed up front (see requirements for Section VIII above). The mitigation plans must comply with the applicable buffer mitigation rule. r(v µc-rt C. 9'CZ v~... t S ~1 c. c'~~4- ~7F-++7 SECTION XI - STORMWATER Please provide the following information in regards to potential stormwater requirements: ,~ The total acreage of the site. S~: V (acres) The total built-out impervious acreage ~ • a (acres) 1(op~ The to#al area that will be disturbed ~ d< D {acres) If the total area exceeds 20% imperviousness, the development on the site is uniform in density, and you claim that the total impervious area is less than 30%, you must provide a complete, detailed breakdawn of the assumed built-out conditions. The breakdown must be detailed enough to show that all potential impervious areas are accounted for. 'Z~~oGes rc.ta t n-L'i?'~2rv t ca.a s t S l t'o- ~'7c if there are concentrated areas of development such as mufti-family, commercial, cluster, club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site does not exceed 30%, a stormwater management plan will likely be required for #hose areas that exceed 30% imperviousness. -T~f» Drc.> E.c.-vr~ ~..© t.J ~ c.~ t3 ~. u rl t ~+2_....,- stormwater management plans must be complete with a final design and an executed Operation and Maintenance Agreement. There will be no conditional stormwater approvals for the express review process That allow for approval of the final plans at a later date. Worksheets must be provided that are available at http://h2o.ehnr.state. nc.us/ncwetlands/mitresto.html. h(o STZR..~c..~.~ 9~-2 2 ~... ~. tC-~r.S t S ~- c'~ c_ c.`7'~4`Ti-~/J SECTION Xti -SEWAGE DISPOSAL Response must be clear and detailed. Any disposal method that sugges#s further impacts may be required other than those shown must be clearly addressed on the site plans. afc.- $.t?t-5 W lti v s L~dt~1~c*.4rrrwA SE't7'T7,C.. - SECTION Xllf Answering yes to either of these responses automa#ically precludes you from the express review process. SECTION XIV » SIGNATURE The name, position and/or title of the applicant must be in type or long hand script here with the signature. It should be the same person as described in Part II. If you have any questions about these requirements, please email the Express Review Program at 401express@ncmail.net and include your question and phone number and the appropriate staff will respond as soon as possible. Womble Farms-Phase III PCN Addendum April 14, 2008 Project Planning and Construction Womble Farms is a 3-phase residential subdivision located in Nash County, North Carolina. Phases 1 and 2 have already been constructed by the applicant, Mr. Randy Guy. No jurisdictional wetlands, streams, or riparian buffers were affected by the construction of the first two phases of the project. The third phase, which is proposed in this PCN submittal, does incur minor impacts to a stream channel and its associated buffers resulting from a road crossing and a sewer line crossing. Phase 3 cannot be accessed from the other two phases without crossing a stream and buffers. The applicant and engineer have chosen the location depicted in the PCN because it will minimize impacts and it will not impose on any existing lots associated with the previous phases. The road crossing has been designed to minimize impacts to the channel, which will include 70 feet of impact. The channel averages 4 feet wide resulting in 0.006 acre of permanent impact to Waters of the US. The temporary impact resulting from the sewer line trench will impact 0.0004 acre of Waters of the US. Impacts to riparian buffers comprise 6265 ft2 of Zone 1 impact and 3924 ftz of Zone 2 impact. All applicable BMPs will be utilized during all phases of site construction. Please Note: A USACE permit was originally issued for the crossing on September 9, 2005 (AID 200520994), but it expired in March 2007 before the road crossing was constructed. DWQ also issued the accompanying 401 Certification on October 28, 2005 (DWQ#OS-1046), but it expired with the 404 permit.