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HomeMy WebLinkAbout20051814 Ver 3_Complete File_20060313MEMO T?r 225 Hillsboro St. Suite 260. 'd Raleigh, North Carolina 27603 919-833-2611 ji? ? o1jin 919-833-2499 - Fax CONSULTING ENGINEERS, PA CIVIL, MUNICIPAL & STRUCTURAL ENGINEERS COMPREHENSIVE ENVIRONMENTAL SERVICES DATE TO FROM RE December 16, 2005 Mr. Ian McMillan, DWQ 401 Wetlands Unit DEC 1 9 2005 Mr. Eric Kulz, DWQ Raleigh Regional Field Office ENR -'.":ASTER QUALITY D0 ' ET! ANDS A'vG STGit',"ie'iTER RkILFI John R. Davis, Jr. LSS DWQ Project # 20051814 Brooksdale Subdivision Mr. McMillan, Please find attached additional information requested by your office for the above referenced project. Enclosed are five sets of plans for this project to complete the Preconstruction Notice Application submitted for one subdivision road crossing. There is only one stream crossing for this entire subdivision. The plans show a cross section of a 48" RCP that will be installed one foot below the bottom of the stream bed to allow for passage of aquatic life. Also, there will be a temporary stream diversion which is shown on the plans that will be constructed while the culverts are being installed. Please review these plans as soon as possible so we can wrap this project up. Thanks in advance. Thanks John Davis 0 `'? war?9Q o 0 O lqii? `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality, March 13, 2006 Mr. Shane Mitchell 650 John Sandling Road Franklinton, NC 27525 DWQ Project # 05-1814, Ver. 3 Granville County Subject Property: Brooksdale Subdivision Ut to Tar River [030301, 28-(5.7), WSV, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. Mitchell: You have our approval, in accordance with the attached. conditions and those listed below, to place fill within or otherwise impact 149.5 linear feet of stream and 13,660 square feet (ft) of protected riparian buffer (8,898 square feet Zone 1, and 4,762 square feet Zone 2) for the purpose of constructing a residential subdivision on the subject property as described within your application dated March 3, 2006, and received by the N.C. Division of Water Quality (DWQ) on March 3, 2006. 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 (NW39) when issued by the US Army Corps of Engineers (USACE). 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 150 linear 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 OversightlExpress Review Permits Unit MCNENIR 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 501% Recycled/100/6 Post Consumer Paper Mr. Shane Mitchell Page 2 of 4 March 13, 2006 Amount Approved nits Plan Location or Reference Stream - perennial 149.5 (linear feet PCN page 8 of 12 Zone 1 TPBR Buffer hn acts 8,898 (square feet PCN page 11 of 12 Zone 2 TPBR Buffer Impacts 4,762 (square feet PCN page 11 of 12 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; 6. 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 40l/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; Mr. Shane Mitchell Page 3 of 4 March 13, 2006 7. 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. -i 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. 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 wetlmids 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 upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 8.. 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 213 .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: 9. 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 Mr. Shane Mitchell Page 4 of 4 March 13, 2006 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 Eric Kulz in the DWQ Raleigh Regional Office at 919-7914200. Sincerely, Alan W. Klimek, P.E. AWK/ym Enclosures: GC 3402 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Peter Sokalski, Appian Consulting Engineers, P.A., 225 Hillsborough Place, Suite 260, Raleigh, NC 27603 Filename: 051814 Ver3 BrooksdaleS D(Granville)401+TPBR 19 U_--J %.=,I L-Z U VJ LS UY MAR 3 2006 Office Use Only: , A?tDSANOSTORMWi1TAFR`]BnRANC,, Form Version March 05 USACE Action ID No. DWQ No. UtA 'D s ° 1 B ? 4 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 401 13SUED 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 ? r, Express,.401.- Water Quality Certification 2. Nationwide, Regional or General Permit Number(s)`Reques ed 39i 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 Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Shane Mitchell Mailing Address: 650 John Sandling Road Franklinton NC 27525 Telephone Number: 919-494-1041 Fax Number: 919-494-1417 E-mail Address: ahi1119966Daol.com 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: Peter W. Sokalski PE Company Affiliation: Appian Consulting Engineers, PA Mailing Address: 225 Hillsborough Place, Suite 260 Raleigh, NC 27603 Telephone Number: 919-833-2611 Fax Number: 919-833-2499 E-mail Address: psokalski(a,appianengineers.com Page 5 of 12 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: Brooksdale Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1837-29-6048 4. Location County: Granville Nearest Town: Franklinton Subdivision name (include phase/lot number): Brooksdale Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, travel US1 North to NC Hwy 96 and turn left. Travel to intersection of Hwy 96 and NC Hwy 56. Cross Hwy 56, continue on Hwy 96 north about 2 miles and turn right onto Philo White Rd. Travel About 2 miles and turn right onto Flat Road. Site is 1/2 miles 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): 36.16720 ON 78.54940 °W 6. Property size (acres): 53+/- acres 7. Name of nearest receiving body of water: Tar River (approximately 1 mile to north) 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: The site is currently mixed forest with old logging road. The general are has mainly forestry and agricultural uses. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Project will include construction of road with single-family homes. Equipment includes Bulldozers, graders, backhoes, dump trucks, rollers, asphalt machines, etc. 11. Explain the purpose of the proposed work: To construct a road to access the property on the north side of the stream. 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 This project has been submitted to DWQ on 2 previous occasions for review and approval. (DWQ Project # 05-1814, Ver.2). Also, 404 permit has been applied to USACE (Action ID: 200521277). 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. 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: There are no wetland impacts Page 7 of 12 for this project. There will be approximately 149 LF of stream impact as the stream currently runs with impacts to both buffer zones 1 and 2. 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 (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0.022 Ac 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 Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 1 UT to Tar River Grade/Fill Perennial 8' 149.5' 0.027 Total Stream Impact (by length and acreage) 149.5' 0.027 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 Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A Page 8 of 12 Total Open Water Impact (acres) 6. List t he cumulative impact to all Waters of the U.S. resulting from the project; Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 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. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. This crossing is located in a narrow section of the stream with the crossing close to perpendicular to the stream as feasible with the design of the future road. 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 Page 9 of 12 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 Pennits, 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, available at http:/ih2o.enr.state.nc.us/ncwetlands/stnngide.html. 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 (attach 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. N/A 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://h2o.enr.state.nc.us/wm/index.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) 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 ? 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 )? 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* Impact Multiplier Required (square feet) Mitigation 1 8,898 3 (2 for Catawba) 2 4,762 1.5 Total 13,660 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 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. Page 11 of 12 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. Erosion and Sedimentation control plan utilizes Sediment basins outside of the buffer to catch sediment laiden runoff. A level spreader has been sized and located at the end of each basin to establish sheet flow before entering, the buffer. A level spreader worksheet and operation and maintenance agreement (date January 11. 2006) is attached. Imperviousness for the entire site development is less than 20% (see impervious table on construction plans). XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-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 additional 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.us/ncwetlands. If no, please provide a short narrative description: This is phase 2 of the project and will be the final buildout for this subdivision. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently 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 outside of the applicant's control). N/A 3 a,? &icant/Agent's Signature Date signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT The level spreader is defined as an elongated, level threshold, designed to diffuse stormwater runoff. Maintenance activities shall be performed as follows: 1. After construction and until vegetation has been established, level spreader(s) shall be inspected after every rainfall. Thereafter, level spreader(s) shall be inspected at least every month and more frequently during the fall season and after heavy rainfall events: a. Accumulated sediment, leaves, and trash shall be removed, and repairs made if required. b. Inspect level spreader(s) for evidence of scour, undercutting, settlement of the structure, and concentrated flows downhill from the level spreader(s). c. A level elevation shall be maintained across the entire flow-spreading structure at all times. Repair or replace the level spreader if it is damaged. d. Mow vegetative cover to a height of six (6) inches and prune plants if they cover over half of the level spreader surface. e. Repair eroded areas and replace/replant dead or damaged vegetation. 2. The contractor should avoid the placement of any material on and prevent construction traffic across the structure. If the measure is damaged by construction traffic, it shall be repaired immediately. 3. Inspect and repair the collection system (e.g., catch basins, pipes, swales, riprap) four (4) times a year to maintain proper functioning. I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Title: Address: -7 5- Phone: 17- - , - , o Signature: Date: 4\' .,\ c?0 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. UCVYCW(-p f, a Notary Public for the State of. County of o hereby certify that Q? wN4+ o U personally appeared before me this day of`d''-1rL and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenanc ` quirements. Witness my hand and official seal, p,INE R. FCC ?O'TA q y 'P "UB ' t;t3U SEAL My commission expir ? 3C Oi Page I of I , - ---- - - -- -, "--- ---- 4 1 -k ...?..,? owl K ?\ j Rai cr1 4« t' jj? :lip ? _ ,;j(f"? it `.:Y `? ,?:'?._ Granville County Scale Inc,7 = 553.0001 Fee. County er Date : 02/09/2005 MAR 3 `) ? ?'?-? F f ? si3 JfK1 ;ice N :utLC ?9C?5 JM JD. ??SfS O[ ?t:i tSL1C u v jd; ua narstry :+oc5a?f ^_nst aton. +e?JC?eCc ?Y .rte Aft 2006 DEJV 2 *EnANOSgN 3TQ1?AL,dRM?CH 1Y7 i yrbGLinQ ;,? P?in? I'a 1 19 c? ??YE'Li rn ' f ?4 & d Ltl1 (''1 f $ : r7 ! 1 ? ?A s I4b a ide 1 r3 ?a Al j16 t1 Y2S'Roa? Crars;? 40 63 G Smell (.?,an d NJ a . L 01 = Srn.?t1 can p 0/1 I V V 'Q' 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) HYDROLOGY B2 Project/Site: l i ???i elf V J=1472 R" Date: L S-DS Applicant/Owner: one " 14T?4A'11 County' 6,a-,AA Investigator. ToAn uy?, Fric B?ll«r State: NL Do Normal Circumstances exist on the site? Ye NO Community ID: 'Jt64 Is the site significantly disturbed (Atypical Situation)? Yes Transact tD: Is the area a potential Problem Area? Yes t Plot ID: (If needed, exotain on reverse.) VEGETATION Dom pant Plant Species Stratum indicator Dominant Pant Species Stratum Indicator 7. frAXIVIUS gV'.-1y1St 1VaAica oc?n! g ;rjcAy t --4 r, bu n•t m Oct= Aoiae N Fa4 17 4. t rlrp,nGf r4rohwav'a %~ ya-a L . 72 73 . 14 7• . 7s S. . 16 . Percent of Dominant Species that are CBE, FAVq or FAC (exc!udinp PAC-). / f V j} d 0 Remarks: Recorded Data (Describe in Remarks): _ Stream, take, or ride Gauge _ Aerial Photographs Other Recorded Data Available Wetland hwroiogy Yidicators: Primw hdcators: f-ttwndated %wrated in Upper 12 fiches _ Water L bft Drift Lines _ Sediment Deposits Field Observations: `Drainage Patterns in Wetlands ! Secondary indicators (2 or more required): Depth of Surface Water. Oxidized Root Channels in Upper 12 inches _ _% _- Depth to Free Water in Pit: (in) Waler-Stained Leaves -Local Sal Survey Data Depth to Saturated Soli: (in } FAC-Neutrat Test _ _ Other (E)tplain in Remarks) Remarks: Appendix B Blank and Example Data Forms SOILS Nap Unit Name A t 0 S er ( es and Phase): t Dratrtage Casw we / 1/ Ta=nomy (Subgroup): 144274 AG.. ?a a Field Mapped T Confum Mapped Type? Yes tJo ?v r Profile D rioton• Depth.?? Matrix Color M ottle Colors Mottle Abundance/ Texture, Concretions finch-s} ItrLon (Mir s-11 h isll , ? y, l4+<ns-4 bistl S-17--contra" Rtrr , +rP. P1 0-3 S `f R 3/1 ---- -`--'_ U]e Q n t- 51 1- /6 Y X L r e fir SI { ? inC Cr UG.Ltr ?L 3!sG.-?i ,So- i 0 1= C`? c.?.p G. r F lyd6c Sod ttdicators: _ tistosol _ Concretions - Hsdc Epipedon `high Organic Content in Surfacs Layer in Sandy sous Sulfidic Odor :?Aquic Moisture Regime _ Organic Streaking in Sandy Sods Li °,educing Conditions L Gl d L C sted on Local HAric Sods List _ _ Listed on M311oral hWric Sails List eye or onr ! hrora Coors - OMer (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Y No (Circa) Wetland Hydrology Present? (Yes No Hy+dric Soils Present? a No 11 Remarks: (Circle) Is this Sampling Point Within a Wetland? Yes No Approved by HCUSACE 3132 Appendix B i3lanic and Example Data Forms B3 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: ?c A-14 ? ?o« Date: ' 0-S Applicant/Owner, ?-AG n r JN/-J "116P County: r? ?? 1G Investigator: State: A/G Do Normal Circumstances e1dst on the site? <2? No Community ID: G(I ?, c Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes :ft) plot 10: _2 (if needed, wolain on reverse. _ VEGETATION Dominant Piant Species Stratum i for bonrnant Pant SoeciCS Stratus Indicator 1._1` 4 an.r 1 van i 1146 d 7'_ Fac u g, 2. Qu evcT rG OY A 'C-4 e 10 3.?cw.?iu.» prOJrit? N.I . 11. _ ll 4. Ar-e'ja-'CltRruw 12 5.__I r n -s- 'fa e 4. Fq c .3 6._?r;ct.s Gtl0niGa, _ Il I-AC . 14. 7 is . Percent of Dominant Species Lhat are DBL. FACW or FAC texr:udino FAC•}. / 16 Remarks: HYDROLOGY - Recorded Data (Describe in Remarks): _ Stream, lake, or Tide Gauge - Aerial Photographs _ Other _ do Recorded Data Available Wetland hydrology Indicators: PrimarytxRcators: _ inundated _ Saturated in Upper 12 inches _ Water Marks Drift :fines _ _ Sediment Deposits Feld Observations: _ Drainage Patterns in Wetlands Secondary ird-cators (2 or more required): Depth of Surface Water. (n } _ Oxi-laed Root Charnels in Upper 12 tunes _ Water-Stained Leaves Depth to Free Water in Pit {n } _ Local Sdf Survey Data _ FAC-Neutral Test Depth to Saturated Sod: (in) _ Other(ExpWn in Remarks) Remarks: B2 Appendix a Blank and Example Data Forms SOILS Map U A tome S i a l ? ( er es and Phase): c O t ! ?? j1 Drainage Class: Tamnotny (Subgroup): 7r- /511 / A It q Ll jm )i Field Observations Confirm Mapped Type? Yes pfr}tilA A_Sc.SntKyn?; Depth tlUS d ..S'° l ?1L'gtl Matrix Color IF.kx1l kS al Mottle Colors 1Mur?s.q W,,l Wrde Abundance/ Texture, Concretions. Sj r pm?ntnet Strr rre_ >.r j c ? ? f _?? S + ?rrt - '' - t <I?C r q C Y9 ?` sY? Sg t a,? ? ^ S . G r^ r ry sbi ei HydAc Soil Indicators. Kstosol Hstic Fpipedon _ SulGdic Odor z_ Aguic Moisture Regin _ Reducing Conditions ?. Gleyed or Lox-Chroma Colors Remarks: _ Concretions _ Hgh Organic Content Li Surface Layer In Sandy Soils Organic Streaking in Sandy Sous - Listed on Local Hydnc Scis List _ Listed on National N"6c Soils List _ Other (E)plain in Remarks) G Approved by HOUSACE 3192 Appendix B Stank and Example Oata Forms 93 .,? WETLAND DETERMINATION J7i p /:X --.*4f RAJ "?f?l'l?_???.\ t / r TT' ?"/ {''?. 1, 4,-•-? / r i ;.+ 1 1;. ?? l , fr^ 7? i i, t i ??t. t C.?..?.}} } ?.7 ??`^? .? ?? l1 r %'r.,,? Li YJ F'-' ??v ?? ? - L ?? r_ r ?, i.., ?,, ,` ? jrt ? -? ,} ?;?LiK .,??? i l t? ?f `-/''? `. A ,.?` - ?? 1• ; "? =}, ?` =' 7 ' t ; ', % ?_? ?' ?{ S ?r???"-': t',, a? .?, L,C?_?,r (,T,'%?,`?"^? ., Vjrs -•?`??--• ?t,---?, ??- % t,^•1S ? C ?? ?,.i? `,, +\ ` \`??2 f'c':?.?.? ?%??•-?y?i?:£ .??-?4i tr','r?r?????f???; (? ,r?\' . r/''.J:C l v t L.-• { y?? ?! ? ,`?; ? :? ?\ r ? `",..1-? t I: j?-,-mot/[ ? ?-\; s:e?? lf-i ? . •'??\ ` ``? ? i ??? ?? ? t ? ? ? a ?.,, ^., ? `?!? t ? v Err'1 "'?- ' j • ?f/,` . l t? t ?' ; J ? t ? `l' ?t' f •---..r ?? \ - ??? i ?- lC ? .j ?;' r,.r t \? ? ? !?•?`-`'r ? C ?, rr _..) ? f i' 1 F ?. ?..?' ??...%1 ? , ? ? J i? =? i ly" t I i `•` 1 ? f? 1??? { j ',?i I l ? r?,• ? ??t? `,, ?\ ?t Y,?\?-..?%i ?.?l? •`?/ ? ? r ?/? ' it t?`i`?'i r t.--+ ` j j'?.^ Z ? j' {, ' : ?'"'?'??. ?, ?• ? r? ? ? 1`,??? ? ? '? I ?`?.,? :r ; ; (t ? \ ? ? ---"1 ??:1.'r?J t.. ,?I,t? ?._._---? ' i? :?1, ` , i `•1_? {??, ,%?• "?? \ 'l??Jrr? \??? ?.?v"`?.? ?` ? l? ? ' // ????i?! ? i S t`? r, J . ? ?? ^`? ? : 1 ~? , ??? ??r'° ?}Rv? " ` ?-••?J?? } y 1V. ? t r'• (lam.-J }?i` ?111?T ? t`t :? _r,?.?[?-y___ -- ?IiiTv .. 7,?--?_. ? j ~?? l"?? \'`?. \t?l?.? ? ?...)??l'. ?t' o (?r / d i ?1,. 1?. ?t • ? r. , r.???;+?-iy-,r" ?= '? L? r ? ?? ? i'? '?'???~J??Ji? ?, v ?l?1y'? •. ? ? ? t ' `•``? ? ?? ?,?,? ?J ?? ! t Will ` ? tr 4Ci'C7t.•^? ????•..'?./?? C?' .(i''" (,r?? i"?.J ? ???"')• l i 1? ?t rl?n._".: ? ? ??(/l?a. ?r. ? • {-` 3-D "?xpvids'.epyeiYa 0 tl59 ;eLatfe nrmut5, 01394 341ne Data: 1S.5 ! 1710 ;t u1e: ? I7.i.? ?etai?: 13-5 ,it_[: WAI ??qt Ra s? { .. _ __ -..?-....?...?..?... v....... ?'..eYJr..?r ..aJ TAT 1Ta 1 AA-••04-05 04.39P April 4. 2005 TOY Appian Consu!!;ng Engineers. RA. 225 H.,3sbcr:, Place sate 280 Ra!eigy. North Ca-cf na VeM FROM: tjZ as cwner conceming the propery on C,,.__da hereby euthorite W14 give permission for Appian Consulting Engineers to reprwnt or act as agent on my behalf and opp y, for a preconstrLction nctification or permit and allow The VS Army Corps of Enginee, s or NC Qtvisicn Water Quality v` cny ;per reguiata-?Y d ;nc iv o vii ^••'•• :Y'' ?,^,7'.eiuL : "' rr.R?LC ^? ar.:.z??r• ;O parflorm the i0b tasks (Name. Address and Phone No b6low this line) pate L & 50 7A"z ;? . 91 ti - yi 7 - (o -7f I i -- P. 02 ?OF VVA7ER? - Michael F. Easley, Governor William G. Ross Jr., Secretary )?7 Noah Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director r_ Colleen H, Sullins, Deputy Director } d bla -i Division of Water Quality C `fr. John R. Davis, Jr. LSS Appian Consulting Engineers, PA 225 Hillsborough Place, Suite 260 Raleigh, IvTC 27603 March 7, 2005 3fa? ei TPBRRO 05-057 County: Granville BASIN: Neuse Tar-Pamlico X (15A NCAC 2B .0233) (15AN-CAC 2B .0254) Complaint NOV Buffer Determination N Incident # Appeal Call. Project Name: Flat Rock Road Location/Directions: North of intersection of NC,SR 1625 and NCSR 1630, east of NCSR 1623 in Eastern Granville County. Subject Stream: U'T to Tar River Date of Determination: 311105 Feature Start Buffer GPS Points (if provided) End Buffer Stream Form Appeal Call Located on Soil Survey Located on USGS Too a hic A Subject Not Contested X B Not Subject X ISM Raleigh Regional Office 1628 Mail Service Center N 1) ERR Water Quality Section Raleigh, NC 27699-1628 phone (919) 571-4704 Customer Service facsimile (919) 571-4718 1-877-623-6748 f A 3/7/2005 >"; s Page 2 of 2 This on-site determination shall expire five (S) years from the date of this letter- Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoty, DWQ Wetlands1401 Unit, 2321 Crabtree Blvd, Raleigh, NC27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby not fed that the 60-day statutory appeal time does not start until the affectedparty (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third parry appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office ofAdtninistrative Hearings, 6714,114il Service Center, Raleigh, N .C 2 76 9 9-6 714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencles) of this decision concerning any future correspondences regarding the subject property (stated above). Thu project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to rise Division of Water Quality (Central Office) at (919)-733-1786, and the VSArmy Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respec l?, Eric W. Kith`,, Environmental Spec. III CC; File Copy Central Files DWQ 401/Wetlands Office Granville County Raleigh Regional Office 1628 Mail Service Center a FDA Water Quality Section Raleigh, NC 27699-1628 phone (919) 571-4700 Customer Service facsimile (919) 571.4718 1-877-623-6748 ` ??/• 't?'.'"3cT r f?: ` `` rte;i -;ate t '?.6?-'ggg i ?-;? i ??`? ?,?. f. ? r. ? //? ? - "Jt ': s?`I ? ??i'• rte. \ ; _ ;? n 1! ?/,?> '•.., ? t ?--mot,,,}??? tit! ` i , ?j• ,}t ?_/ - •?^. ?'``-tm i-,j ( ` (/ ? 1 ? ?, 4 !`?'? t i..~J •+: ? I i ?-• i ? ,?' ii'?? ? ?..t?y?,? ? 1 ? ,l, r IVA J `??!? ` ?'t ?(r' ?Jt1.r?r ??.--'?~ Q J• r r? {\?{ t '? (frf i?l?? COL, x ?f Qx-o' '. 1 ?Y; i ? ? _`(??\ ?`r`ti t .,v1 ?? • ? it/!•?? '\ ??,.? t.? ?C••?`.. r? ?'?? \'\\ ? ,,i ..?v y =11 ??• ?frr.? ??? •--•. ? , ? L•---:,,??`???,..,, jr,?l?,//"'!'- `?}11!'^??-..,.?jf r!-•?1,.?.-- ?~ `?.\ f???f 7t.? 1 `. rf 1j ?, ?.•? tt 1( {) _ ?.. ?} .'j .',?/."fi"`r` irrt• t r ?`i \"'1\_ \??-' ?? t ? ?' j ?? ?\i.?? t? t t •? a ? ?????. ! 1? '? .tom ???.-t, ??%rll'?`'^I ? ? , '? , IL h. E i t ?? ("•?. 1 ? ice' f / ? l ; s ? J ? _2 .\'74 ? /I i it ,?\` f ? '? t ?r^-•. ;/?( ,t ' f ..'.."' `?'\ h ? \."'• 4? I V { t j! ??r• ? jt ? v? k•4??S?? ?_ '`' ? j _'df !? t??`. ??. •.? ?•? f •+ * `?.f t J 4i[ i • t it '^ -=---^???'t tf.?'t.?„i f?1j` 1 It- it ec jam. • .---? ??-'" ?..%..t??.?? l i j???? (?tl? j (?'`?'' ti -1 {rte _ ti" ? ;?"? •t?!+. l/?r;,:;Lei ;? fj_ ? \?? ? t? I • ' ? ? i ?l-'? y` ? ??• \'"'?l ???+++f },J't=•f`?/?F ,4 / ? rl', ?? (? >•`\, \, ? ?\ r?.r 'fit ?"''/ -t /? t~,.,ff ? 1?1?' `;yv'? ? ?\r,U, _ ? ?=?? ?t?? y?r ;? `" ? f 1 ?} y (?• 'y4`?? IF-- ?.??" ?• ?'?-•? :i `?'-''?,? ; 1?`:1it-.?? 1r f%' ; l (\ iii rf??, -.??? L? ? ',???'' 1?.v_ '?, ` ? I• f ? i > 1J L? ; i r l !? i (? /. ' i .,.,,?'? ? _t -+.: t ? ? ? ,= ..???-? ,? ( /_ ? ?../?? ?11 "?t ?.'?r. r.?l V ?l t ?.?t ? oI ; f e t•,+''Li "fit RJ ll. "i ; ? S'r'Y??'sr \jt ' . t f ? ,-? \ i ?_?<_4r`'vciti?tjll\.`? . l J LJ'?? jy^????/ - ( .^r??yl -?7? ? Jj_•?•' .?}? ?(? .•? ?f -Z?.`t ?j 1-3 tepaquds Copytt,tt 0 L3!! Ddar3a tarmat5; A !4014 Sauce Data: Ml ?Q3 ft ;Wc i : ll.ScD ktail: 13-5 Ut2c volt U.S. ARMY CORPS OF ENGINEERS IVIU UNGTON DISTRICT Action Id. 200521277 County: Granville U.S.G.S. Quad: Wilton NOTIFICATION OF JURISDICTIONAL DETERI IINATION Property OwnenrAgent: C S M Investments Address: Attn: Mr. Shane Mitchell. 650 John Sandlina Road Franklinton. NC 27525 Telephone No.: 919494-1041 Size and location ofproperty (waterbody, road name/number, town, etc.) The property, consists of 52 acres located on the east side of NC Hiehwav 96. north of SR 1623, in Wilton. Granville Countv. North Carolina. Indicate Which of the Followins? Apple: Based on preliminary information, there may be Waters of the US, including wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. There are Waters of the US, including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the Waters of the US, including wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation roust be verified by the Corps. X _ The Waters of the US, including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property, which provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The Waters of the US, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _ Unless there is a change in the law or our published regulations, this detomfination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in. the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Arca Management Act (CANIA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: Date 2 Sep 2005 Expiration Date Page I of 2 Action Id. 204521277 Placement of dredged or fill material within m=aters 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 Jean Manuete at 919- 876-8441. Eat. 24. Basis For Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property. The stream channel on the property is an unnamed tributary to Sand Creek which flows into the Tar-Pamlico River and ultimately flog=s to the Atlantic Ocean through the Tar-Pamlico in North Carolina Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property o-%mer/agent copy of this form. If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination. Information Sheet" to the file copy of this form CF: Mr. John Davis, Appian, Consulting Engineers, PA, 225 Hillsboro St., Suite 260, Raleigh, NC 27603 Applicant: C & M Investments File Number: 200521277 Date: 2 Se 2005 Attached is: See Section below IIVfifIAI. PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTIONI - The following identifies your 'rights and options regarding an administrative appeal of the`above decision. Additional information may be found at http:lAvv, AA v.usace.armti'.mil/inet/firnctions/cw/cecwoIre« or Corps regulations at 31 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 thepemzit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, youmay 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 H 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 H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- RE I TEST FOR VPEAL or OBJECTIONS TO .a',,\T INITIAL, PROFFERED PER'NET 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. P011,,TT OF CONTACT FOR QUESTIONS OR INFOR?IN4ATIO : If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Jean Manuele Mr. Michael F. Bell, Administrative Appeal Review 151 Patton Ave Officer RM 208 CESAD-ET-CO-R Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division 828-271-7980 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi gations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9MI5 Atlanta, Georgia 30303-3490 Ce"w? rio;eat 40._ 2"".sl DIVISION OF WATER QUALITY - LEVEL SPi2MER WORKSHEET ya , L, fo',°=`.t i fo ren? i "RO3cC r tt?i vRktAT1vi: (pleaserrp'ete Protect Name: BRoo Af VALE 5u8Di VsSiu ? Contact Person: Ill jc'WP= A)OL -5 _ Phone Number: r g 554-31 9 Level Spreader ID:.-,'-/ Level spreader t.engtt 13 l Drainage Area o. 3& ac. Impervious Area 0CG ac. aMaximum Filter Stripr'Buffer Slope _ /G 7 is grass Max. Discharge from a 10 Year Storm ? 7 8 ds Max. Discharge to Level Spreader Filter StnplBuf"rer Vegetation ; Sric,Urr (perpendicular to JIM) (on-site and of -site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)" (thick ground cover or grass, canopied forest with leaf litter groundcover) Pre-treatmec or Bypass fJiethod REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an expianaUen of wiry. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, pans and specifications st>orrnng all BhVs and outlet structure details, a detailed ttal dranage plan and a fully exerted operation and maintenance agreement An incomplete subr>v pack a vilt resin in a request f0-' additional information and will substantially delay final review and approval of the project ARpj is idstials M ,, Level spreader is at least 13 ft. per cis for thick ground cover or grass or 100 ft per cfs in Canopied forest tvrih le fitter. N/a, Pre-Form Scour Holes are on flat slopes only rn?2 ho structures are located in protected buffers` if bypass method specified in the Draft Level Spreader Design Option Document 'f tR Bypass method is specified (if applicable) and plan details and calculations are provided mr» Discharge to level spreader and subsequent niter strip is hydraulically and spatially separate from the bypass discharge. m It, No structures are located in protected buffers. "IA Plan details for the bypass and outlets are provided. The operations and maintenance agreement includes annum erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. s Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf Etter cover or all slopes of tip to 25% in areas Wth thick ground cover or grass if designed according to the Draft Level Spreader Design Option Documef,t This potentially requires a minor variance in protected buffer areas. In any event the second level spreader snot be I=ted in Zone 1 of a protected buffer area. f1VjQ Protect NO DIVISION OF WATER QUALITY- LEVEL SPRMER WORKSHEET i, PROJECT IINFORMAT14H Vea::e wm*te t ull,vY ng infornr,'tcn): Project Name ; Z3900950 ? 5 Liao v 5 "t Phone Number. Contact Person: MtGNAc (i Mb55 - Level Spreader ID:. 7 Level Spreader Length Drainage Area Impervious Area Maximum Filter SuipfBuffer Slope grass I3_ It. 0.36 ac. ac.. I( 7 _% (perpendicullar to ft-v) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, tea littler cover, 8% for thick ground cover), tvla). Discharge from a 10 Year Storm r7 cfs Max. Discharge to Level Spreader o- 9f3 cfs Filter StriplBuffer Vegetation c®r ? Pre-treatme_4- r Bypass tV?thod (thick ground cover or grass, canopied forest with leaf fitter groundoover) it. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. tf a mint plan submittal includes requirement has not been met, &W an exptanation of why. At a acomplete 8? outlet structure details, a detailed a worksheet for each BMP, design calculations, plans and specifications package w tl re a ed drainage plan and a filly executed operation and maintenance agmameal An inoomp'ets submitlal additional information and will substantially delay final review and approval of the project. ___j nts initials m M Level spreader is atleast 13 ft, per cfs for thick ground canter or grass or 100 ft per cfs in canopied forest viith leaf litter. N/A Pre-Form Scour Holes are on fiat slopes only 21No structures are located in protected buffers' If bypass 1r4thod specified in the Draft Level Spreader Design Option Document: Bypass method is specified (i# applicable) and plan details and calculations are provided rnM Discharge to level spreader and subsequent filter strip is hydrauttcatly and spa ialiy separate from the bypass discharge. ?,? rr No structures are loczted in protected buffers. / Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. es Y' area * Level spreaders in series can be used on slopes of up to 15% in forested areas v?n litter cover O Ont op This pot n to y re in a as ith thick ground cover or g ass it designed according to the Draft Level Spreader minor variancQ hi protected buffer areas. In any event the second level spreader cannot be located in Zone 4 of a protected buffer area. L' oO Ffojjei i NO. DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET I. PROJECT iNFOR ATiOli (Please Oaniplate t;^,e vltu: ;rrr i,llorn io^;: Protect Name : 3ntkxSbAL 5?r0 , 31 3 Contact Person: ?}r ?t?? SUSS Phone Numbs; i Level Spreader Level Spreader Length /2- - ft. Drainage Area 0, 32. ac' Impervious Area D• as ac. Maximum Filter StripiBuffer Slope grass Mat Discharge from a 10 Year Storm 0, L cis hiwx Discharge to Level Spreader o , u cfs Filter StriplBuffer Vegetation -:22Z ,t Ca (perpendicular to flo'rr) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the ieval spreader) (o, for forested, leaf littler cover, 8% for thick ground cover)` (thick ground cover or grass, canopied forest vMh leaf Utter groundcover) (Pre treatrn or Bypass Whod REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. if a requirement has not been met, attarJr all explanabor of vary. At a Minimum, a Cornplete e"Mater management plan submittal includes a worksheet for each BMP, design cakxdalions, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenanca agreement. An incomplete submittal WA393 wil result ins a request for additional infannation and will substantially delay final review and approval of the project. ArsDl? ,_ants initials r4,.7 Level spreader is at feast 13 ft. per cfs for thick ground cover or grass or too ft per cis in canopied forest with leaf Utter. Pre-Form Scour Holes are on flat slopes only -WM No structures are located in protected buffers' if bypass method specified in the Draft Levee Spreader Design Option Document Bypass method is specified (if applicable) and plan details and calculations are provided rn rr1 Discharge to Wei spreader and subsequent fitter strip is. hydraulically and spat a;ly separate frorrm the bypass discharge. /tl M No structures are located in protected buffers. t? Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the ra„ sponsible party is provided. r Level spreaders in series can be used on slopes of up to 15?a in forested areas afth leaf Uft#er cover ' ofnupto tia25requires ° a ?Y:th thick ground cover or grass if designed according to the Draft Level Spreader Design Optic merL This potentially rnr;nor variance in pm ected buffer arras. In any event the second ieve:l spreader cannot be located in Zone 1 of a protected buffer area- DWQ Project No DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET 1. PROJECT ti oRMATION (please complete the foRoAng information): ,70 uSl?A 5u8 ) i?15 J Project Name: Contest Person: Phone Number: Level Spreader ID:. Level Spreader Length l? ft. (perpendicular to flow) inage Area D . 32 ac. (on-site and off-site drainage to the level spreader) Dra JeW Impervious Area L U S ac, (on-site and off-site drainage to the for spreader) Maximum Filter Strip/Buffer Slope 7 % (6% for forested, leaf littler cover, 8 ,for thick ground cover)' grass Max. Discharge from a 10 Year Storm 10,90 cfs Max. Discharge to Level Spreader _ a • 9,r cfs Filter Ship/Buffer Vegetation ?x cor (thick ground cover or grass, canopied forest with leaf litter groundcover) p? re-tzeatm E~ Bypass Method P. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a Wjirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all B?vPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. Applicants Initials M/17 Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. i Pre-Form Scour Holes are on flat slopes only No structures are locates in protected buffers' If bypass method specified in the Draft Level Spreader Design Option Document 'VIA S pass method is specified (if applicable) and plan details and calculations are provided n t rte/ Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. u n s No structures are located in protected buffers. ,,/?11-_Pian details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. Level spreaders in series can be used on slopes of up to 1507a in forested areas evith leaf littler cover or on slopes of up to 25% in areas v&h thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone i of a protected buffer area. Puou V/ Lu MAR 3 2006 Office Use Only: DENR-WATER QUAUTY Form Version March 05 WE W4DS AND STOMMATER BRAS USACE Action ID No. DWQ No. -Of-A 3 Q S 1 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing t 4 y Io 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: ? 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 Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: Shane Mitchell Mailing Address: 650 John Sandling Road Franklinton NC 27525 Telephone Number: 919-494-1041 Fax Number: 919-494-1417 E-mail Address:_ghi111996aaol.com 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: Peter W. Sokalski PE Company Affiliation: Appian Consulting Engineers, PA Mailing Address: 225 Hillsborough Place, Suite 260 Raleigh, NC 27603 Telephone Number: 919-833-2611 Fax Number: 919-833-2499 E-mail Address: psokalski(a a_ppianen ineers.com Page 5 of 12 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: Brooksdale Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1837-29-6048 4. Location County: Granville Nearest Town: Franklinton Subdivision name (include phase/lot number): Brooksdale Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, travel US1 North to NC Hwv 96 and turn left. Travel to intersection of Hwy 96 and NC Hwv 56. Cross Hwy 56, continue on Hwy 96 north about 2 miles and turn right onto Philo White Rd. Travel About 2 miles and turn right onto Flat Road. Site is 1/2 miles 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): 36.16720 ON 78.54940 °W 6. Property size (acres) 53+/- acres 7. Name of nearest receiving body of water: Tar River (approximately 1 mile to north) 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/mals/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently mixed forest with old logging road. The general are has mainly forestry and agricultural uses. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Project will include construction of road with single-family homes. Equipment includes Bulldozers, graders, backhoes, dump trucks, rollers, asphalt machines, etc. 11. Explain the purpose of the proposed work: To construct a road to access the property on the north side of the stream. 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 This project has been submitted to DWO on 2 previous occasions for review and approval. (DWQ Project # 05-1814, Ver.2). Also, 404 permit has been applied to USACE (Action ID: 200521277). 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. 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: There are no wetland impacts Page 7 of 12 for this project. There will be approximately 149 LF of stream impact as the stream currently runs with impacts to both buffer zones 1 and 2. 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, se arately 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 (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0.022 Ac 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 Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 1 UT to Tar River Grade/Fill Perennial 8' 149.5' 0.027 Total Stream Impact (by length and acreage) 149.5' 0.027 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 Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) N/A Page 8 of 12 Total Open Water Impact (acres) 6. List t he cumulative impact to all Waters of the U.S. resulting from the project Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 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. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. This crossing is located in a narrow section of the stream with the crossing close to perpendicular to the stream as feasible with the design of the future road. 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 Page 9 of 12 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 Pennits, 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, available at bttp:/ih2o.en.r.state.nc.us/ncwetlands/stnngide.htm], 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 (attach 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. N/A 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 htti)://h2o.enr.state.nc.us/wrp/index.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) 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 (Neuse), 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 )? 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* Impact Multiplier Required (square feet) Mitigation 1 8,898 3 (2 for Catawba) 2 4,762 1.5 Total 13,660 I 1 1 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 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. N/A Page 11 of 12 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. Erosion and Sedimentation control plan utilizes Sediment basins outside of the buffer to catch sediment laiden runoff. A level spreader has been sized and located at the end of each basin to establish sheet flow before entering the buffer. A level spreader worksheet and operation and maintenance agreement (date January 11, 2006) is attached. Imperviousness for the entire site development is less than 20% (see impervious table on construction plans). XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-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 additional 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.us/ncwetlands. If no, please provide a short narrative description: This is phase 2 of the project and will be the final buildout for this subdivision. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently 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 outside of the applicant's control). N/A licant/Agent's. SignatuW Date (Agen ' signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT The level spreader is defined as an elongated, level threshold, designed to diffuse stormwater runoff. Maintenance activities shall be performed as follows: 1. After construction and until vegetation has been established, level spreader(s) shall be inspected after every rainfall. Thereafter, level spreader(s) shall be inspected at least every month and more frequently during the fall season and after heavy rainfall events: a. Accumulated sediment, leaves, and trash shall be removed, and repairs made if required. b. Inspect level spreader(s) for evidence of scour, undercutting, settlement of the structure, and concentrated flows downhill from the level spreader(s). c. A level elevation shall be maintained across the entire flow-spreading structure at all times. Repair or replace the level spreader if it is damaged. d. Mow vegetative cover to a height of six (6) inches and prune plants if they cover over half of the level spreader surface. e. Repair eroded areas and replacelreplant dead or damaged vegetation. 2. The contractor should avoid the placement of any material on and prevent construction traffic across the structure. If the measure is damaged by construction traffic, it shall be repaired immediately. 3. Inspect and repair the collection system (e.g., catch basins, pipes, swales, riprap) four (4) times a year to maintain proper functioning. acknowledge and agree by. my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Title: N Mme Address: sz .. C..., -7 5 _57 1.31 Phone: 1? r - 1 „ 0 '7 Date: ti l Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 11 wvycwu , a Notary Public for the State of lLtilr?' County of t, 'L, !,jo hereby certify that personally appeared before me this I day of "*) (-n -'fit r , and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenance quirements. Witness my hand and official seal, E R. 'oUl3?„\O Q. SEAL l My commission expir 30101 Page I of I M Granville Cou D Co un December - QQ6 wAZ?h ?,u?H OD spa ,Nti\.PN?S Scale : 1 Inch = 553.3301 Feet. Date : 02/0912005 `hrl md0 ? s 6fC68/fU !o!'tls rIMRIOry Of ; Gi/ Woper!y :Ot1+W .,ram mrs ;unACaM. ?nC a ccma+ea t:?m irc«a-w ceees. :.fi3 J!'Q °,`.iTt Y! ,^,uDiC :HC?(CS .]M U?. _ ? ?X 'ftR RL10 Y? PMN'3? : VL•?MQ ? i{'„'L ?ICV'ty(IJL%10C :.i:SYC ???+VY -.M1 . br'rtt.?0on ;rxtne+wer7 on ;}T4 RvO. +b ?ry not USi dSSU^nes 'J U G r d 1' a ¢ r S7 e4 m /r-7a? Irda Yob ?in ?l`1 v4 j ck A 5I ?-b ??9 s?,? 14? )as 31 10 Lv)'4? . -??rti %7r?11?3 a g 70 ? f .3 ?a r n Exj t6 t1 ?zs'Roa? Crarsi?+ -E- a j2, 6/3. X314 4(3 6,3 G = .Sm"!1 tMe4`. . Pas a Q?, Pa,?+ tCc?fla?? s? DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 4 7??O V; Fla /c as ^ Date: 4?-S-OS Applicant/Owner: Byte ' "fC_Ae/i County: Investigator. r..;.r Eyic 8g;1« State: N C Do Normal Circumstances exist on the site? Ye No Community ID: LvetlAn, Is the site significantly disturbed (Atypical Situation)? Yes ? Transect ID: Is thre area a potential Problem Area? Yes y Plot ID: (if needed, emlain on reverse.) VEGETATION Do,Nnanr Plant SOec:es Stratum Indicator Dominant Plant soec?es Stratum Indicator if 1. T AU 4-1 9. 2. ;ICW V F4F 10. 3. 14 d CIA Y1 ar-,-arr,C.?0; ,e N FAC it. 4. CarO;nury3Jiwav4a J a L 12. 5. ark,,. ! ctG QG 13. fi.?rnaJ 7tae 4L ? F4G 14. 7, _ tS. 9. i 6. Percent of DominantSpecies that are C3L, FACty or FAC {e Iudino FAC-1. J 0 J f'1 (} yQ V / Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): - Stream, take, or ride Gauge _ Aerial Photographs Other r b Recorded Data Available Wetland hydrology Indicators: Primary hdicators: in Upper 12 Inches Water Abrks Dr-'t twines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands I ? Secondary ird cators (2 or more required): Depth of Surface Water. u (in.) _ 0414zed Root Charnels in Upper 12 Inches ._.... _ _. Q ? Water-Stained leaves Depth to Fr ea Water in Pit: (in.) _ Local Soil Survey Data D o _ FAC-Neutral Test epth t Saturated So+1: (n.) _ Other (Explain in Remarks) Remarks: 82 Appendix 8 Blank and Example Data Forms SOILS Map"Name Q ll (Series and Phase): Draktage Cass: we Y ? Taxonomy (Subgroup): a0 ?, Field Observations --- Confvm Mapped Type? Yes No ?? Pre6te Descrini;anc Depth kiatrixcolor Mottle Colors WMe,Abundance! Texture. Concretions, (!nom FbR,nn (1s n5?It C?StI (?.1'1n5? M?s511 sii?l?ntra et $titl_, ffp ofr o-3-- s Y? 3i, -- ----- VIC Le q 51 C_ V it c fit S tit' ?ncG,?,- ?a:rr tiG?nCf', SC :cr? ?k -?roGr 141drii: Soil indicators: _ listosol _ Concretions - Hstic Fpipedon _ Hy^h Organic Content in Surfacs Layer in Sandy Soils Sutfidic Odor j2AOuic Moisture Regime _ Organic Streaking in Sandy Soils Li sted on Local HAric Soils list _ °.zducing Conditions Z& d -Ch Usted on National Ffydric Soils "t ye or Low roma Colors _ Olher (E)plain, in Remarks) Remarks: WETLAND DETERMINATION Hydrophytie Vegetation Present? Y Nc {Circle) (Cycle) Wetland Hydrology Present? {Yes l+b Hydric Solis Present? a No is this Sampling Point Within a Wetland? Yes No Remarks: Approved by HOUSACE 3W Appendix B Blank and Example Data Forms 133 i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) VEGETATION HYDROLOGY Project/Site: // x,51"?c 1-74 7L X04 Date: 4 '"-":- OS Applicant/Owner. , ?r rt rf /!;? cnC?? County: ya Investigator. State: ?G Do Normal Circumstances exist on the site? vp No Community ID: U'2/Gin 1 Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes Plot ID: (If needed, exolain on reverse.) Dominant Plant Soecies Stratum hsdicator Dominant P'anrSoecioS Stratum hdicaior F444 J ,43yanXdl_a T Facu s 2._uevt•,? /'L+JYA j ?atLi 10 prGOrCi'?t ? '?" NI . tt. // 4, AGCY SGCCAArw+ T FLT 12. r s._ ?nuS ?ae i`c. !tea 13 6._`er..Norirrct V _ tG . 14. 7. . is 8- 16. Percent of Dominant species 11hat are OBI., FAUN or FAC te7?tttilinq FAC•1. U ?6 Remarks: _ Recorded Data (Descrbo in Remarks): _ Stream, Lake, or Tide Gauge _ Aerial Photographs Other No Recorded DataAyatlable Wetland fiydroiogy indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 inches _ Water .`Auks _ Drift Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary indicators (2 or more required): Depth of Surface Water. (in.) - O)odized Root Channels in Upper 12 Inches _ Water-Stained Leaves Depth to Free Water in Pit. (n) _ Local Soil Survey Data _ FAC•Neutral Test Depth to Saturated Soil: limn) _ Other (Explain in Remarks) Remarks: B2 Appendix 8 Blank and Example Data Forms s/ SOILS Map Lint Name S i 1 C olef ( er es and Phase): k l t 11 Drainage Class: Taxonomy (Subgroup): tC ?++t /1G i? I Gvt !? Field Observations Conram Mapped Type? Yes Pra?I? U,,;?c^nt;o,,n, Depth Matrix Color Fhrinn Ir (tQ ° Z E+ 4 i t 1 Mottle COWS Mottle Abundance/ Te)lure. Concretions , w. . v nool ?. a tF r' , Ihlt:aSe? 4htsfJ Siz?.rCAntE?e C t ,_.iruntra orr. -? f .1- ? .CGL_?+a? r?u? me r'?f ? s?S?G. 1 16 y?j y r+ t/dric Sol Indicators: _ Hstasai _ Hstic Epipedon Sult dic Odor _ Concretions _ H9h Organic Content in Surface Layer In Sandy Sods = Aquic Moisture Regime Reducing Conditions Organic Strealdng in Sandy Soils __ Listed on Local Fydnc Soas List Gieyed or Low Chroma Colors _ listed an National }tyoric Salts list _ Other (Explain in Rerrartu) Remarks: j WETLAND DETERMINATION Approved by HCUSACE T92 i Appendur 8 Stank and Example Data Forms $3 ?-•? I _:...L RAJ lh?rfl /7? Ali ,t f? ?.. •'^1 ,1\ ?'-t-.-? \ ??.=?^ r.•+ ??- f` ? . 1 it rte ??'-' i;` 11 ?1? i i {.r r•• .,..-? 1 r j' 1?•] ?,• t X ' ?J?• ,y ;.r.+•? , ?±ir t t: 11 r J ti ? 1? ?(1 '?? f ?^l\u 7 t? \N i __+ l -- 1 ( r'• _ i? tilts { ;??? , t i / It 1 ? i• ? ? ? l ?, ??. ? r! _? ? \,?.. `11 '?•?'% /? r----?--?.J 1 rr r! ? _:l i t j 1 ---• ? \? t •;,,. a ? `j'?'i 1' ?j^ •7 ? + ?,? v i 1 t•1r'\? ••??? - 1 ? ???? k .??•iY '?. ? ` ? • l? i. VA? i\? fJ r...,,,t?l 1 tt ; ' ?-?t,,t e?..n?.? :lt i . • ?J. t ='`- r =?? ,•--?..? :??r ?}? ! `...?--, r ? tom= ?-" 1ji??r'?i?^?? ; ,???'.., •?a . : ??. _3 \1 ?? ti .- ?i ? ? ?\`' -.+_??.? ',l ? r. tit ;^ ( ?? /?? ?+ V ' ?i o?,?.-a?? ;ti?•,.? ,? \1 f r? r'1 `\1 i iIt -•.!( V .`t •iJ? {t\'?)("•. t ' • iJ ?•••-? iye \ ?jp ii. to .- ?k \•{? J( / L !? k i ! t. ?•.•i? ?L' ? 1 ll , t` F / ? .. !? ?'1 n ? ly t???1 ??? ' -•-.?: ` i -?1) t ? j -.??'i ', ?^?? ? ????? a ?'"?1?r??f??? ?•?iT``?•,,-? ? ?? kj i`..'_?7??? jam` ••\.' ?+1• i it ?J 7t? ki'•?, t k4JSc?, C.?-= •-,..?? d???.??`, !` ? ` ? r ? ? ?,-.?.,..-.fir-.•.'. ? ? t f ? 1 ?f J?' ? l? ' '? 4? ?'ti '? :.n t°,r'::?; ? •? % JTt i ? ? ?r ? • •,1 t ?? 14 k . ??:,.\ i=ce ?? `r ?t i i ti.? `• 1 ? V .3 :.-'? ? ? t l ??., t r''?j ^ r ? :? Ji{ : j, Pi ? ??,?e ?? i 4.-?"'." ,? U? ;??•?V n ` - - ?*? :? t".•.s i{? mil' / ? r ' ? t ' ?? ??: f .- ? iti_ J `?.J?:JF•" (? (??{)rv? r f i ,+t, ? `? j ? /N ttt ? ??`y. f? \ ? _ "`-'.?-'`??r J •-?. ? _ _ {r?? ? •1-..? /,emu i ,' >.? • " - =-' J __.. 1 I ' >f ??c5111?\I?1')?'1 k t,l 1 i ?\ +Ut ??f ??t? +J!? (`?" } ' !'?? t1 r•lt1 •,l 1,+,..?`?.1' j ,,•i ? ? ? r %• t L-j rr•? ' '?? '?" Lrw? ?Ii ?.??J' ?ll-.?!!`???.??.-""' r ...-? ??n`. F?? • .??? _?fi _ (`_, t?\l . ?^ ?• Y/` ?!. J 3??????? ; J ?J: ?j? `fit t(? 3-D t2po0a+4t C:pyrigit 1!!? Ctlorm Tirmcb; 14 040f sluct Dst1: 1S:1 k--700 :t salt: 1 : 17.570 DtUii• I3-5 %tic'=4 "Bl;4r?ll •, P4+od T#,b Ap"-04-OS 04 April A. 2005 TO: Appian Cane!?.ng Engina8r3. R.A. 221 Hiusbom 'lace 9 it8 let) Raleigh. NCrth Ca-Mina 2T!33 t rte.. FROM: ?.??h? 3 I t. as Cwntr concerning the property on __do hereby Wft to 2!.1 give permission for Appian Consulting Enginerrs to represent or act as agent on my behalf and apptiyfor a preecinstruction no ficalkn or permit and allow The VS Ar ny Corps of cnpinet3rs or NC Division Water Ouaiity or iBgU(g.br•?t sIn. r ea uL.h Cc r.R+3i?c :- n45 CA. =.;?r. g0 Gc`?•t the fob tasks. Same. Addres?jtnd tSOn a ho btilow this 'ir?e t Date (? Sa ?? ?rdi, n? ? . '?"cc...?-\i ??? N•C. ??Sad"" 1 r y-? r y - /o y/ ? l yr 4 y, - Y17 7,f MA /e r.W. A.02 Michael F. Easley, Governor a?O? W t1T?9?G William G. Ross Jr., Secretary r - North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Colleen H. Sullins, Deputy Director > =1 Division of Water Quality March 7, 2005 Mr. John R. Davis, Jr. LSS Appian Consulting Engineers, PA 225 Hillsborough Place, Suite 260 Raleigh, NC 27603 /Vi 3f TPBRRO 05-057 County: Granville BASIN: Neuse Tar-Pamlico X (15A NCAC 2B .0233) (15A NCAC 2B.0259) Complaint NOV Buffer Determination X Incident Appeal Call Project Name: Flat Rock Road Location/Directions: North of intersection of NCSR 1625 and NCSR 1630, east of NI TCSR 1623 in Eastern Granville County. Subject Stream UT to Tar River Date of Determination: 311/05 Feature Start Buffer GPS Points (if rovided) End Buffer Stream Form Appeal Call Located on Soil Serve Located on USGS Topographic A Subject Not Contested X B Not Subject X Raleigh Regional Office 1628 Mail Service Center N DENR Water Quality Section Raleigh, NC 27699-1628 phone (919) 571-4700 Customer Service facsimile (919) 571-4718 1-877-623-6748 r. K055JI-. --• - " - c4.. `3(712005 Page 2 of 2 This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties that dispute a determination made by the D IYQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing clo Cyndl Karoly , DWQ Wetlands1401 Unit, 1321 Crabtree Blvd,, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface waterfront the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third parry appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 15013 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 .flail Service Center, Raleigh, N.C. 2 76 9 9-6 714. This determination is final and binding unless you askfor a (rearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencles) of this decision concerning any future correspondences regarding the subject property (stated above). Thu project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and Cite USArmy Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-844L Respec IX, Eric W.IK Environmental Spec. III CC: ,File Copy Central Files DWQ 40 UWetiands Office Granville County Raleigh Regional Office 1628 Flail Service Center Water Quality Section Raleigh, NC 27699-1628 IUDEI`IR phone (919) 571-4700 Customer Service facsimile (919) 571-4718 1-877-623-6748 AiAe4el) 17a IFJ 05 ..,• / ! \\ ? ?.. ;•-.ter! ? 1 .t ? ??^ ?\ ? ` '?.r??".'?-?.if 3?? ? •?? I -.-.?: " ° ? ' ? :?`` `l r: l' r-. ? ? ? ? ;?t , t Wit, , l- .,?-. \ ; -wf //.?? tiV?fj?'?^ ` ?'?? i?? ????? t}?,(t ????' (? f t? jr i% 1 f•1 ? ' rl ?( > ? r°%,r'-' -y t?+•?ti-M??,?,,r ?('11???j??I ? " ,? +?,'1?. -?``?'t ?r f` ? :i ? A ti' i L `;+ ! /j?,.' ""? 'ti, L' r { 1 t/ ti r r-..l ?/• ci.. ? j. L?.. :f "'-Y ?a i ', ;f t r-. 1 , f 1 ? ,,?'?'?'? t 'r 'v"\ 1 ? i , , fl,,? ... ? •a ?"?:..._-?' : ? Tt ? !^??v r 1i..r ? ? ?i? f+.+C" ?.J? jf?f.• ? ?f ? .1` Yom" t ; I ( ? ? ? ?tC; ?` t,,; / jf /?-; --'^. . ? lv! "-\\\.r?A ? !, 1 tier.?1 ?? ?rj? ; r ("t:? t ? ?' 3 ---• ? ?? i'.1 'r-•? .• ?+o•C, i ? t S+, ? 1 , ? ? 1? ?i fit` \ r\,•, t :f .1v? ; ,% ' ( : ?lr'/ = " -•`. T, tit -. ,, ` iti?! r ' ?\ i ' 1 t ` ? 1 ?! ; ?`r~E?:) lti???l/?`? ?,•`S ?,,,,,? ?r E^?, ?( 't. ,}? ?J% \.lr\? ff? F•.\ ,`7 ? \``'' ?`j ;4,?? /r"?--,--j 4 .}}?S )3?y,1? ,..?? ' ?\ i? j: Vin, ( ?l. '?. '?`? ,? ••?. 1??, L`--••i ?V" fit`.. ?C' ~?? I1 ,/,tTl v.•'-.?-?? ` V 1 1 ?'i Ik I r ? ("`'_•' v 4 i`, / ..- I ? t r,?' o ?? ! t ti t` '1 r-? - e '1? r r, IJt ? i +..-. _r`.=. , / s r-"'_"' -' ..•% ?~"t. ??? r' r ? j i ?.l t X11 I i( ' ? i ti ! /?? C``--'? s \ ? v_ /t , r ? _ j ? ? ? ? _... r '1 ?.,.-?r/l•? / l , ? l1 r(' ] tt ?r+ -\ 11,13 / 1 .^- nr .l?. t? U` - ``. ?•?='.,1?-.? i``T'y i i '`--?"` i1. +iJ l i 1 t \'1 ? .,+' `?-^'? `-•?? r ?.' •? 1' si !? ti 'h \ i ?.J??J r ??•( L ' t.,? i 07 1 r t „ (1 C?'v `r !'+•• • •` ,t. -?, ? ?\ j ) ??? ?'?1?`v {? •„? ? \?? ?? i r? Y?. ' f f. "?? 'rte,--? ?t`, ? 7-? ;opogutef e3pyrtgtt a Im Dd4rw IarsocUl, :2 t O iaucs Data: NS 7N ft ;wc I : 17,Q4 Detail, IM Olt= $L-11 IAR U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id 200521277 County: Granville U.S.G.S. Quad: Wilton NOTIFICATION OF JURISDICTIONAL DETERIIVIINATION Property Owner,/Agent: C &- M Investments Address: Attn: Air. Shane Mitchel! 650 John Sandlina Road Franklinton. NC 27525 Telephone No.: 919494-1041 Size and location of property (waterbody, road name/number, town, etc.) The property consists of 52 acres located on the east side of \C Riahwav 96. north of SR 1623, in Wilton. Granville County. North Carolina. Indicate Which of the Foilofvine Apply: Eased on preliminary information, there may be Waters of the US, including wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. There are Waters of the US, including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the Waters of the US, including wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X . The Waters of the US, including w=etlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey Nvill provide an accurate depiction of all areas subject to CWA jurisdiction on your property, which provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The Waters of the US, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _ Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no w=aters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CANTMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps' Regulatory Official: Date 2 Sep 2005 Expiration Date Page 1 of 2 Action Id. 200521277 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a,6olation 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 Jean Manuete at 919- 876-8441. Ext. 24. Basis For Determination: The site contains wetlands as determined by the USACE 1987 wetland Delineation Manual and is adjacent to stream channels located on the property. The stream channel on the property is an unnamed tributary to Sand Creek which flows into the Tar-Pamlico River and ultimately flows to the Atlantic Ocean through the Tar-Pamlico in North Carolina Corps Regulatory Official (Initial): Q?k FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form CF: Mr. John Davis, Appian, Consulting Engineers, PA, 225 Hillsboro St., Suite 260, Raleigh, NC 27603 Applicant: C & M Investments File Number: 200521277 Date: 2 S 2005 Attached is: See Section below INITLAL PROFFERED PERMIT (Standard Permit or Letter of A erm fission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PEDENTIAL C LX APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The folloNving identifies your rights and options regarding an administrative appeal of the above ` decision. Additional information may be found at httn:I,lu?ti??_usace:arrn?.mils`inetlfunctioilslct?;`cecwolre?? or Corps regulations at 33 CFR Paxt 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 perm ; 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 H of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section lI 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 Hof this form and sending the farm 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 11 of this form and sending the form to the division engineer. This fornt 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. , 11 SI CTIUN II - REQL?I' ST FOR .APPEAL, or OBJECTIONS TO A',\Tl-iN-l'I`L-1L PROFFERED PE ,-\, T 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 O CONTACT FOR Q ESTIO:NTS OR ItiFOIL\L%TION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Jean Manuele Mr. Michael F. Bell, Administrative Appeal Review 151 Patton Ave Officer RM 208 ` CESAD-ET-CO-R Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division 828-271-7980 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. r e: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 911115 Atlanta, Georgia 30303-3490 DtvlSION OF WATER QUALITY - LEVEL SPREADER WORKSHEET i. -PROJECT 114FOR ATION (Please c;ornplete the fol; ring inforr iaicn): Projed Name: SnJIJ xs OAFS 3u8&vsSturJ Phone Number: t 9r 9 } $54,- 31' - ConW Person: 4171 Nt?r f1 /37[ 55 Level Spreader ID:.} Level Spreader Length 13 ft. Drainage Area a • 3 Lv ac. Impervious Area ac_ Maximum Fitter 5triptBuffer Slope «' 7 % grass (perpendicular to flow) (on-site and oft-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6%. for forested, leaf littler cover, BY- for #11Ck ground cover)' hoax. Discharge from a 10 Year Storm 19 .11, d's c#s Max, Discharge to Level Spreader Filter StriplBulfer Vegetation :, x a6 p? ? t? or Bypass Method - (thick ground cover or grass. canopied forest with leaf litter groundoover) 11, REQUIRED ITEMS CHECKLIST Initiall in the space provided to indicate the following design requirements have been met and supporting documentation is attaelied. If a requirement has not been met, attach an explanation of why. At a minimum, a complete ement t struelplalan subrndetails,ittal includes l detailed a worksheet. for each BIV1P, design calculations, plans and specifications *Wn9 drainage plan and a fully executed operation and mantenance agreement An incompiets sib,.T.U package will result in a request for additional infor naion and will substmtiadty delay final review and approval of the project Aoolicants Initials m Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. Pre-Form Scour Holes are on flat slopes only mm No structures are located in protected buffers' if bypass method specified in the Draft Level Spreader Design option Document: !p Bypass method is specified (if applicable) and plan details and calculations are provided to ne Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the b',-pass discharge. nn ? No structures are located in protected buffers. ,,, Ilan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. provided. The operation and maintenance agreement signed and notarized by the responsible party is p Leval spreaders in series Caere be used on slopes of up to 15%, in forested areas Vfth leaf littler Cover or on slopes of up to 25% in areas vAth thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor varier Ce in p rot ad biffer ants. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. t a lio Pro ed DIVISION OF WATER QUALITY . LEVEL SPREADER WORKSHEE1 i. PROJECT INFORMATION (please complete tha #o',?vrrg i7#orrn?or): Praject Nam : B Ro SDAc s: r18 v `? Phone Rurrber: 12' contact Person: M1GNArL R M1055 Level Spreader ID: _ -,e- ?- Level Spreader Length 13 ft 0,36 ac. Drainage Area Impervious Area ac. Maximum Filter Strip/Buffer Slope I te? % grass Iviax Discharge from a 10 Year Storm , ? S CIS O 9 $ CfS Max. Discharge to Level Spreader Filter Strip/Buffer Vegetation (perpendicular to fl=) (on-site and off-site drainage to the Ievel spreader) (on-site and off-site drainage to the level spreader) (6F. for forested, lea` littler cOver, 8% for thick ground cover)' (ffzk ground cover or grass, canopied forest Wth leaf litter grrundcover) '"pr` eatment or Bypass tretfiod It. REQUIRED ITEMS CHECKLIST documentation is attached. If a initial in the space provided to indicate the following design requirements have been met and supporting rent plan submittal includes requirement has not been met attach an explanation of why. At a n?nimum, a complete stormwrater manage a work imt for each BMP, design calculations. plans and ?cations shoving all BWs and outlet structure details, a detailed full 'y and maintenance ,reament An 'r,•romplete submittal package v r;ll result In a regsest for drainage plan and a ful,y exe;.uted cps additional information and will substantially delay final review and approval of the project. &d cants Initials In m Level spreader is at least 13 It. per cfs for thick ground cover or grass or 100 it per cfs in canopied forest with leaf titter. N/A Pre-Form Scour Holes are on flat slopes only Na sfirLfimres are located in protected buffers` If bypass method specified in the Draft Level Spreader Deign Option Document: / ,y Bypass method is specified (if applicable) and plan details and calculations are provided rn!» Disctarge to level spreader and subsequent fitter strip is hydraufically and spatially separate from the bypass discharge. ir7 ;r No structures are masted in protected buffs . ,?v/ Plan details for the bypass and outlets are provided The operation and maintenance agreement includes annuai erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. * Level spreaders in series can be used or slopes of up to 15% in forested areas with leaf littler cover or on slopes oftupt o yio in= areas with thick ground cover or T ass if designed according to the Draft Level Spreader Design Option Document This po y buffer area minor variance Ln prroleded buffer areas. In any event #e second level spreader =not be located in Zane 1 of a protected buff: FrCJj.aLi t"10 DMSION OF IVATER QUALrrY - LEVEL. SPREADER IiVORKSKEET 1. PROJECT INFORMATION (WEase G?11_Vate use ft1" v a?? tnfor ratio ?t: Project Name : Contact Person: .? ind?s Phone Nun bar. 919 T ss -3f Level Spreader ID: ,-*-L.3 Level Spreader Lend tz-_ -ft. Drainage Area 0137- ac. Imperious Area --j2_06 - ac' Maximum Filter StriplBuffer Scope grass Max. Discharge from a 10 Year Storm ? . 9U cis hiax. Discharge to Level Spreader a . 9U cfs Filter StripBuffer Vegetation ny 4 _,%Z- (perpendicular to fl=) (on-site and off-site drainage to the level spreader) (cn-site and off-site drainage to the level spreader) (611% for forested, last War cover, 8%forthick ground cover)' (thick ground cover or grass, canopied forest vvith leaf litter groundcover) or Bypass Whod 11. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation's rndudea requ,mment has not been met, attach anexpianaUon of why. At a minimum, a complete stomwater management plan submittal a worksheet for each BMP, design caWations, plans and specifications showing an BMPs and outlet structure details, a detailed drainage plan and a fully executed operations and cm?ntenarsce agreernent An incompiete submittal packaga wall reswI it a request for additional irdormatias and will substantially delay final review and approval of the project Applicants ini#ials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cis in canopied forest with leaf litter. Pre-Form Scour boles are on fiat slopes only a,M _ No structures are located in protected buffers` if bypass method specified in the Draft Level Spreader Design Option Document: 'V' /r4 Bypass method is specified (if applicable) and plan details and calculations are provided 'n r'n Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate tram the bypass discharge. /Yt M No structures are located in protected buffers. v L± Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notafted by the responsble party is provided. s Level spreaders in series, can be used on slopes of up to 15%;n forested areas Mth leaf littler cover or on slopes of up to 25% in arras w1h thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentia«y requires a rninor variance in prvteded buffer areas. in any event the second level spreader cannot to located in Zone 1 of a protected buffer area. DWQ Protect No. DIVISION OF WATER. QUALITY - LEVEL SPREADER WORKSHEET 1. PROJECT INFORMATION (please complete the following in€oanafion): Project Name : ?g r?St7Ar Su 1 r1S -) Contact Person: A1 ' x'n? A, m v5 5 Phone Number: t 3r 3 i 5 . - 31? ' - Level Spreader ID.. -d- Level Spreader t.engih Z fl. Drainage Area . 3 ac. Impervious Area ac. maximum Filar Strig#Buffer Slope _ 1, • "7 % grass Max. Discharge from a 10 Year Storm D 90 cfs Max Discharge to Level Spreader ?. 4a cfs Filter SbiplBuf€er Vegetation 71jr ?arEr? (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on4de and off -site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)' (thick ground cover or grass, canopied forest with leaf Etter groundcover) txeatme t Bypass Method 11. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. It a requirement has not been met, Mach an explanaUon of wf)Y At a ainimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications shoving all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. Applicants Initials M rrr Level spreader is at least 13 ft per cfs for thick ground cover or grass or 100 ft per cis in canopied forest with leaf litter. Wit} Pre-Form Scour Holes are on fiat slopes only M M No structures are boated in protected buffers' If bypass method specified in the Draft Level Spreader Design Option moment: 1111A Bypass method is specified (if applicable) and plan details and calculations are provided M. r1r Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. i M No structures are located in protected buffers. ,,/)d Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. ' Leval spreaders in series can be used on slopes of up to 15;`a in forested areas with leaf littler covet or on slopes of up to 25% in areas vAh tbscik ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a minor variance in protected buffer area& In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.