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HomeMy WebLinkAbout20170912 Ver 1_401 Application_20170724EWELL IP ENGINEERING CONSULTANTS, PC July 21, 2017 US Army Corps of Engineers, Wilmington District, Regulatory Division Jean Gibby 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 North Carolina Division of Water Resources Karen Higgins, 1617 Mail Service Center, Raleigh, NC 27699 Sue Homewood, 450 W. Hanes Mill Road, Suite 300, Winston Salem, NC 27105 Re: Pre -Construction Notification Sping Park Slope Stabilization, Stream Restoration, Drainage & Roadway Improvements Winston Salem, NC — Forsyth County This submittal is a Pre -Construction Notification (PCN) for a slope stabilization and stream restoration project in Winston Salem, NC. All construction associated with the project will be contained within the right-of-way, City property, and/or within designated easements. Please find enclosed the following information and data for this project: 1. PCN Application Form 2. Forsyth County Soils Map 3. COE Jurisdictional Determination 4. Topographic and Location Survey 5. Construction Drawings (1 set to USACE, 3 sets to DWR) 6. Check for $570 review fee to NC Division of Water Resources (no fee to USACE) The streambank stabilization and stream restoration portion of this project is located between the 300 block of West End Boulevard and North Broad Street and will repair streambanks which have eroded and are threatening the structural integrity of West End Boulevard, degrading water quality, and negatively affecting the aquatic ecology. The piped system from Sixth Street to West End Boulevard will be extended beyond the stream segment that has experienced catastrophic shear failure. Improvements downstream will utilize natural channel design techniques to stabilize streambanks and reduce storm water velocity in lieu of traditional engineering techniques such as rip -rap, gabion baskets, and retaining walls. The main goal of the project is to stabilize the streambanks that have already failed and provide floodplain management to prevent further degradation of the streambanks. Other goals of the project are to improve water quality, reduce stream bank erosion, improve the aesthetics of the stream corridor and enhance aquatic habitat. If you have questions or need additional information, please feel free to contact me at 336-996-9974 Sincerely yours, JEWELL Engineering Consultants, PC Amy Black, PE Post Office Box 2294, Kernersville, NC 27285-2294 ■ 311-A South Main Street, Kernersville, NC 27284 336-996-9974 ■ Fax 336-996-9976 ■ www.jewellengineering.pro a Office Use Only: Corps action ID no. DWQ project no. _ Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: /Section 404 Permit Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ✓Yes No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ✓401 Water Quality Certification — Regular Non -404 Jurisdictional General Permit 401 Water Quality Certification — Express Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: Yes ✓No Yes ✓No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu Yes ✓No fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h Yes ✓No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes ✓No 2. Project Information The City of Winston-Salem (City) has identified this site as experiencing severe streambank erosion and jeopardizing the structural integrity of West End Boulevard. The City plans to replace deteriorated stormwater drainage infrastructure within this project site and implement stabilization measures that would protect the stream, improve aquatic habitats, and improve water quality downstream. The proposed streambank stabilization practices will utilize natural channel design techniques, and will include boulder vanes, step pools, floodplain benching, bank sloping, vegetated geolifts, and live stake planting. The City has contracted with Jewell Engineering Consultants for this project. 2a. Name of project: Spring Park Slope Stabilization, Stream Restoration, Drainage & Roadway Improve 2b. County: Forsyth 2c. Nearest municipality/ town: Winston-Salem 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: City of Winston-Salem 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Page 1 of 11; PCN Form — Version 1.4 January 2009 he3d. Street address: PO Box 2511 3e. City, state, zip: Winston-Salem, NC 27102 3f. Telephone no.: 4b. 3g. Fax no.: Keith Huff, Stormwater/Erosion Control Director 3h. Email address: Business name (if applicable): 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: Keith Huff, Stormwater/Erosion Control Director 4c. Business name (if applicable): City of Winston Salem 4d. Street address: P.O. Box 2511 4e. City, state, zip: Winston-Salem, NC, 27102 4f. Telephone no.: (336) 747-6962 4g. Fax no.: (336) 727-6917 4h. Email address: keithhl@cityofws.org 5. Agent/Consultant Information (if applicable) 5a. Name: Amy Black, PE 5b. Business name (if applicable): Jewell Engineering Consultants, PC 5c. Street address: 311-A South Main Street 5d. City, state, zip: Kernersville, NC 27284 5e. Telephone no.: (336) 996-9974 5f. Fax no.: (336) 996-9976 5g. Email address: ablack@jewellengr.com B. Project Information and Prior Project History 1 Property Identification: Spring Park 1 a. Property identification no. (tax PIN or parcel ID): 6825-88-8167 1 b. Site coordinates (in decimal degrees): Latitude: 36.10119 Longitude: -80.25615 1 c. Property size: 2.96 acres acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Peters Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The stream portion of the Spring Park Project Site (the Project Site) is located in the Northwest Ward, between the 300 block of West End Boulevard and N. Broad Street. Flow enters the stream from a piped drainage system that runs North from Sixth Street to the stream head below West End Blvd. The stream channel parallels West End Blvd before running under Broad Street en route to Peters Creek. The drainage area measures 0.07 square miles with a large portion of impervious area from urban use. The bank ranges between 15 and 20 feet in height and has severe erosion that has compromised the integrity of West End Blvd. The stream banks are vegetated with native grass, shrubs and some mature hardwood trees. The stormwater drainage portion of this project is located between West Sixth Street and West End Boulevard and along West End Boulevard. It will include 785 linear feet of pipe and 16 structures. Page 2 of 11; PCN Form - Version 1.4 January 2009 3b. List the total estimated acreage of all existing wetlands on the property: 0 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 750 feet 3d. Explain the purpose of the proposed project: This project is proposed to address severe bank erosion of the unnamed tributary at Spring Park that is threatening the integrity of West End Boulevard and contributing substantial sediment loads to the watershed. Through the use of natural channel concepts, the streambank will be restored and stabilized to halt the erosion. West End Blvd. will be supported and danger of failure will be reduced. 3e. Describe the overall project in detail, including the type of equipment to be used: i. Prior to the start of soil or sediment disturbing work, erosion control measures will be installed (Sheets 4.0-4.1). These will be temporary structures, and are to be removed after the project is complete. ii. Clearing and debris removal will be conducted as needed to execute the goals of the project, however great care will be exercised not to disturb the stream or to unnecessarily damage existing vegetation. All debris generated through this work will be removed from the site. iii. All in-channel work will be done in dry conditions using a pump around operation for flow diversion (Detail 5/4.1). iv. Three cross vanes will be installed: two just downstream of the pipe outlet and one at the downstream end of the project site. The cross vanes will be installed such that the energy of high flow events will be turned away from the bank toward the stream center and dissipated, reducing the erosive force exerted against the bank. A series of riffles, pools, and boulder/log step pools will be installed between the upstream and downstream cross vanes. A rock vane will be installed near Station 103+50, a location with existing severe bank erosion. The toe of slope space behind the rock vanes will be filled in with vegetated geolifts. The area around the installed structures will be planted with live stake plantings of native woody species. Rock structures and plantings will be installed using track hoes and hand labor. Locations of stream structures are shown on Sheets 8.0 and 8.1 and details of the structures are shown on Sheet 8.2. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ,'Yes No Unknown Corps or State been requested or obtained for this property / Comments: project (includingall prior phases in the past? 4b. If the Corps made the jurisdictional determination, what type Preliminary /Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Michael Brame Pilot Environmental Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. John Thomas with the USACE and Ms. Sue Homewood with the NCDEQ-DWR field verified the determinations on December 9, 2015. Documentation attached. 5. Project History 5a. Have permits or certifications been requested or obtained for Yes ✓No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans Page 3 of 11; PCN Form — Version 1.4 January 2009 6a. Is this a phased project? Yes ✓No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands /Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Area Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of number type Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T 02 03 2g. Total Wetland Impacts: 04 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 (T) Restoration Unnamed Trib PER 404 10 569 S2 (P) Fill Unnamed Trib PER 404 8 166 3h. Total stream and tributary impacts 735 3i. Comments: Permanent impacts are required to extend the piped system beyond the stream segment that has experienced catastrophic shear failure during a storm in 2015. Temporary impacts are related to streambank stabilization, habitat enhancement, and restoration. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 02 03 04 4f. Total open water impacts 0 Page 4 of 11; PCN Form - Version 1.4 January 2009 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total: 0 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar -Pamlico Catawba Randleman Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: N/A N/A 6i. Comments: Page 5 of 11; PCN Form — Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All proposed impacts to jurisdictional stream channels are related to stabilizing eroding streambanks and restoring habitat. Multiple engineering alternatives were considered, including hardened bank structures, but natural channel design parameters were selected to most effectively accomplish project goals. The project proposes no impacts to jurisdictional wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All stream work will be performed in the dry using pump around operations and diversion. Where possible, stream work will be performed from the bank and care will be taken to minimize the impacts to the stream. Standard erosion and sediment control practices, including silt fence and erosion control matting, will be used throughout this project. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for Yes ✓No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): DWQ Corps Mitigation bank 2c. If yes, which mitigation option will be used for this Payment to in -lieu fee program project? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: Type: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. N/A 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes ✓No buffer mitigation? 1 a. 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 1 b. 6c. 6d. 2. 6e. Zone Reason for impact Total impact Multiplier Required mitigation Yes ✓No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project will not contribute impervious surface to the watershed. (square feet) If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: N/A 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes ✓No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? polo 2b. Does this project require a Stormwater Management Plan? Yes ✓No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project will not contribute impervious surface to the watershed. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ✓Yes No use of public (federal/state) land? Phase II 3b. Which of the following locally -implemented stormwater management programs NSW USMP apply (check all that apply): Water Supply Watershed (North Carolina) Environmental Policy Act (NEPA/SEPA)? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 4. DWQ Stormwater Program Review Yes No Comments: Coastal counties 2. Violations (DWQ Requirement) HQW 4a. Which of the following state -implemented stormwater management programs apply ORW (check all that apply): Session Law 2006-246 or Riparian Buffer Rules (15A NCAC 213 .0200)? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No 2c. attached? 3. 5. DWQ 401 Unit Stormwater Review 3a. 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ✓Yes No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State Yes ✓No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Yes No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes ✓No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? Yes ✓No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes ✓No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ✓No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act /Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville, NC 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? iPaC map on the fws.gov website showed no critical habitat. Spoke with Byron Hamstead in Fish & Wildlife Asheville Field Office on 9/6/2016. Confirmed no impact. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes ✓No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmi Confirmed with Byron Hamstead in Fish & Wildlife Asheville Field Office on 9/6/2016. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ✓Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? GIS spatial data from National Register of Historic Places from nps.gov website. Project site is located within a 200+ acre highlighted area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Yes ✓No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Amy Black, PE Jji/ )7 7/11/17 Applicant/Agent's Printed Name Applicant/Agent's Signature (agent's signature is valid only if an authorization letter Date from the applicant is provided.) AGENT AUTHORIZA1711 ON FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: STREET ADDRESS: Spring Park at West End Boulevard, Winston Salem, NC 27106 Please print: Property Owner: City of Winston Salem, NC Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Amy Black, PE, of JEWELL Engineering Consultants, PC (Contractor / Agent) (Name of consulting firm) to act on the City's behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): City of Winston Salem Keith Huff, Stormwater Director 101 North Main Street Winston Salem, NC 27102 Telephone: 336- 747-6962 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. uthorized Signature Authorized Signature Date. Zvi 7 Date: N A 5� �e coir ag��a eventh St Project Site a � N 03 G th St cn Fifth St 3 � 0 o v Cn a T Project Location Map Spring Park Slope Stabilization, Stream Restoration, Drainage and Roadway Improvements Winston Salem, NC 500 250 0 500 Feet July 2017 EWELL JEC NO.: 15.149.034 ENGINEERING GONsuLTANTS, Pc F' aD FfC j N CIB FcC2 A FcD2 FaC PcF FfE FaD ` COA Project PcF2 Site FfC s� a G Ft DaA fC c 3 � o CUD CL Forsyth County Soils Map Spring Park Slope Stabilization, Stream Restoration, Drainage and Roadway Improvements Winston Salem, NC 500 250 0 500 Feet July 2017 EWELL JEC NO.: 15.149.034 ENGINEERING GONsuLTANTS, Pc U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-02581 County: Forsyth U.S.G.S. Quad: NC -WINSTON-SALEM WEST NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: City of Winston-Salem Stormwater Keith Huff Address: P.O. Box 2511 r9 (_ C® Winston-Salem, NC, 27102 Telephone Number: 336 747-6962 Size (acres) 2.92 Nearest Town Winston-Salem Nearest Waterway Peters Creek River Basin Coordinates Upper Yadkin Latitude: 36.101381 USGS HUC 03040101 Longitude: -80.256222 Location description: Winston-Salem Spring Park property located at intersection of Broad Street and 7'h Street, adjacent to a tributary of Peters Creek, in Winston-Salem, Forsyth County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part331). If you wish, you may rcquest an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination _ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. Page 1 of 2 _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat icial identified below on . Unless there is a change in the law or our published signed by the Corps Regulatory Off on for a period not to exceed five years from the date of this notification. regulations, this determination may be relied up _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact John Thomas at 919-554-4884 x25 or John T Thomas JRna usace.army.mil. C. Basis For Determination: Site includes tributaries of Peters Creek which flows to the Fadkht River and on to the Atlantic Ocean. D. Remarks: Confirmed flagged limits by field inspection on December 8, 2015. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division. Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA il-OT it must be received at the above address by February 11, 2015. **It is not necessary to submit an RF orm to the correspondence.* Corps Regulatory Official: ' Office if you do not object to the determination in this Date: December 11, 2015 Expiration Date: Cc: Michael Brame Pilot Environmental P.O. Box 128 Kcrnersville NC 27285 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http•//reg,ulatory usacesurvev.com/. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL.. Applicant: Kcith Huff File Number: SAW -2015-02581 Date: December 11. 2015 City of Winston-Salem. Stormwater Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission PROFFERED PERMIT Standard Permit or Letter of permission)B B PERMIT DENIAL NPRELIMINARY C APPROVED JURISDICTIONAL DETERMINATION D JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httk/Iwww usace.amiy mil/Missions/CivilWorks/Regulato!yProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. 13: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: John Thomas CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: 404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunitX to participate in all site investi ations. Date: Telephone number: of avaellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, John Thomas, For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U At SB 1-15 LEGEND FLAG NUMBERS/INFO WETLAND FLAGS =F!i" STREAM FLAGS =1!jj!jK Stream Flags = 38 Wetland Flags = 0 Total Flag//s = 38 J' � • 4 a Site Boundary Perennial Stream t Wetlands (None Present) Existing Culvert SA1-5 Flag Number DP -1 Q Data Point 4 BY MR. JOHN THOMAS WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON DECEMBER 9, 2015. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISDICTIONAL FEATURES. Drawing 5 Wetland Verification Map 2013 Satellite Imagery from Google Earth and Spring Park PEI Field Notes Approximate 2.92 Acre Tract Winston-Salem, North Carolina Scale: 1" = 100' PEI No. 1555 §y 4 SA 1-23 Site Boundary Perennial Stream 0 M 0 a 0 M Intermittent Stream Wetlands (None Present) Existing Culvert SA1-5 Flag Number DP -1 Q Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. JOHN THOMAS WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON DECEMBER 9, 2015. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISDICTIONAL FEATURES. Drawing 5 Wetland Verification Map 2013 Satellite Imagery from Google Earth and Spring Park PEI Field Notes Approximate 2.92 Acre Tract Winston-Salem, North Carolina Scale: 1" = 100' PEI No. 1555